Document Type
Article
Publication Date
2012
Abstract
The author asserts to avoid common misunderstandings on the relevance of Sharia to modern women in the Arab World that a) Shari’s relevance to the lives of modern women in the Arab World has been largely confined to the area of family law, b) in the modern nation state Sharia has been codified, i.e., certain rules derived from Islamic jurisprudence on the family have been selected and passed as laws, each nation state having its own unique combination of such rules, c) the courts and the judges who adjudicate disputes on family law are either secular courts/judges, or judges trained in state-run judiciary institutions with specific instruction on the state-based modern understanding of what Sharia is and d) the code, rather than Quran, the prophetic traditions, or the school of Islamic jurisprudence, is the primary source of the law. The latter constitute secondary sources.
Scholarly Commons Citation
Abu-Odeh, Lama, "Of Wife and the Domestic Servant in the Arab World" (2012). Georgetown Law Faculty Publications and Other Works. 1072.
https://scholarship.law.georgetown.edu/facpub/1072
Included in
Comparative and Foreign Law Commons, Family Law Commons, Family, Life Course, and Society Commons, International Law Commons, Law and Gender Commons