A Woman's Place
A Confrontation with Bedouin Custom in the Sharīʿa Court
Bibliographic Data
| ID | 3964780 |
|---|---|
| Authors | Ron Shaham (corresponding author) |
| Year | 1993 |
| Volume | 113 |
| Issue | 2 |
| Pages | 192 |
| Publication date | 1993-04-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of the American Oriental Society (JOURNAL) |
| Journal identifiers | ISSN: 0003-0279 • E-ISSN: 2169-2289 |
| Publisher | JSTOR (PUBLISHER) |
| DOI | 10.2307/603024 |
| OpenAlex | W2257384678 |
| Language | EN |
| Citations received | 1 |
This paper examines the confrontation between Islamic law (the sharica) and Bedouin customary law through the study of a decision of the sharica court in al-'Arish (north Sinai), in the year 1906. A Bedouin woman, who according to custom lacks legal standing, demanded the annulment of her marriage, which was perfectly valid according to Bedouin custom, on the grounds that the marriage was irregular according to the shari ca. The judge handed down a decision in her favor while strictly implementing the sharica, thus reflecting the sharica's supremacy over custom. This case shows that the sedentarization process of the Bedouins brings them closer to normative Islamic law, which gradually takes the place of customary law. Bedouin women in particular learn how to utilize the shari ca in order to improve their social status, which is inferior in traditional society
Annulment · Business · Court decision · Family law · Islam · Normative · Order (exchange) · Political science · Sharia · Sociology · Waqf · History · Islamic Studies and History · Law · Marriage and Sexual Relationships · Multiculturalism, Politics, Migration, Gender
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,2 |
| Citation span | 2021 - 2021 (1) |
| Citation velocity | historical |
| Highly cited | No |