Empowerment through choice
Palestinian women's attitudes towards marriage rights in Islamic Sharia and Cedaw
Bibliographic Data
| ID | 3651646 |
|---|---|
| Authors | Hanan Abu Mukh (0009-0007-2725-6056, Al-Qasemi Academic College of Education), Oqab Jabali (0000-0003-1156-6205, An-Najah National University, corresponding author) |
| Year | 2025 |
| Pages | 1-20 |
| Publication date | 2025-07-05 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of Gender Studies (JOURNAL) |
| Journal identifiers | ISSN: 0958-9236 • E-ISSN: 1465-3869 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/09589236.2025.2530004 |
| OpenAlex | W4412049678 |
| Language | EN |
| Citations received | 2 |
| References cited | 29 |
In the Palestinian context, where sociopolitical challenges and ongoing conflict are deeply intertwined with the unlawful Israeli occupation, issues of marriage rights become even more complex, further hindering women’s pursuit of their autonomy and rights. The Israeli occupation, which violates international human rights law – including the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms of Racial Discrimination (CERD) – exacerbates the violation of Palestinians’ fundamental rights. This reality underscores the urgency of advancing women’s rights in Palestine, as the occupation not only restricts broader human rights but also compounds the specific challenges women face in realizing their full autonomy and equality under international law. Through the lens of legal pluralism, feminist jurisprudence and intersectionality, this qualitative study investigates Palestinian women’s perspectives on marriage and divorce. Palestinian women navigate a pluralistic legal system where Sharia, national laws, and international human rights standards intersect, shaping their marital rights. While some view Sharia as protective, others advocate for reform, strategically invoking frameworks like CEDAW. Islamic feminism and maqasid al-Sharia play a key role in reinterpreting religious laws to promote gender justice. However, patriarchal norms, family pressure, and socio-political barriers limit women’s autonomy in marriage and divorce
Empowerment · Islam · Political science · Sharia · Sociology · Theology · Gender Studies · Islamic Studies and History · Jewish and Middle Eastern Studies · Law · Multiculturalism, Politics, Migration, Gender
Beyond the Code
Religion, State Power, and Domestic Violence in Muslim Societies
Under the veil
Human Rights, Islam, and Debates around Cedaw
Marriage Without Wali’s Consent
What is Legal Pluralism
Toward constructive harmonisation of Islamic family law and Cedaw
Using thematic analysis in psychology
The Consensual Divorce (ṭalāq) in Palestine
The Role of the Shariʿa Court in Divorce in Palestine
The Convention on the Elimination of all forms of Discrimination Against Women (Cedaw)
Theorizing the Politics of 'Islamic Feminism
Muslim Women's Quest for Equality
| Citations per year | 2 |
|---|---|
| Citation span | 2025 - 2026 (2) |
| Highly cited | No |