Search Results (8)

Political conflict has plagued Kashmir, a Muslim-majority region of Hindu-majority India, ever since the partition. The crisis worsened by the end of the 1980s and has continued to disrupt peace in the valley to date. The conflict arguably entered a new phase as the Hindu nationalist Bharatiya Janata Party (BJP) was elected to power in 2014, which also joined the ruling coalition of the Jammu and Kashmir state in 2015 for the first time. Over this period, Kashmir’s resistance evolved into subtler forms, including cultural expressions like memoirs. Published in 2021, Farah Bashir’s debut work, Rumours of Spring, is a deeply personal yet undeniably political exploration of the crisis in Kashmir from its aggravated phase in the beginning of the 1990s. This paper argues that the nuanced depiction of the crisis in the memoir demands an intersectional reading of the traumatising impact of militarisation and militarism on Kashmir’s everyday life, especially given the subject position of the narrator as a Muslim woman. The works on militarisation by Jacklyn Cock, as employed by Samreen Mushtaq to analyse the situation in Kashmir, provide theoretical insights for this reading. Set in Kashmir’s identitarian conflict, the Muslim identity is central to the narrative. We argue that in Bashir’s memoir, religion finds a complex representation, with the Qur’an and Kashmiri folklore serving as respites in times of crisis, even as the fundamentalist factions contribute to their oppressive reality. Bashir’s work openly engages with the experience of being a Muslim in Hindu India. The paper also attempts to place the work in a larger corpus of life-writing by women in conflict zones, comparing the work with Sharon and My Mother-in-Law: Ramallah Diaries (2003), a Palestinian memoir by Suad Amiry. Full article

This paper focuses on the discourse on Muslim women’s rights in India, aiming to trace how policies concerning Muslim women affect their constitutional rights to equality and non-discrimination. In doing so, this paper explores a colonial continuity of policies in the post-independence era and the subsequent governments. The purpose of this paper is to provide an extensive and nuanced discussion on Muslim women’s rights in light of their historical evolution, the existence of personal laws, and the ongoing debates on a Uniform Civil Code. This article concludes that Muslim women continue to struggle for their rights to equal citizenship at the intersection of gender, religion, colonialism, and secularism. Full article

This article seeks to recover the financial rights of separated women living in the Muslim communities of Russia’s Volga-Ural region in the eighteenth and early nineteenth centuries. It argues that by the 1780s–1820s, separated Muslim women were guaranteed certain rights and powers over their marital finances and personal property. These rights emerged out of a complex plural legal landscape created by the Volga-Ural region’s complicated religious and political history in the late medieval and early modern periods. By the end of the eighteenth century, separated Muslim women could claim certain financial rights under both Islamic law and Russian civil law, but had to pursue different kinds of claims through different legal systems. The legal landscape and practices that evolved in relation to separated women’s rights during the early modern period became formalized and institutionalized in the nineteenth century and persisted until the collapse of the Russian empire. Full article

The cyber world affects many aspects of personal and communal life in our modern world. One significant form of this influence is the growing digitisation of religious understanding. This article will focus on one facet of this virtual religious discussion, namely the religious rulings of organ donation and transplantation in Islam. This study will emphasise that discussion of the credibility of online fatwas is a neglected area that deserves significant scholarly attention. It will examine the diversity and complexity of 50 online fatwas on organ donation and transplantation selected from various fatwa organisations, government bodies, and councils across 16 countries, which differ linguistically, ethnically, socio-culturally, and by religious orientation. This article has three main arguments. First, it argues that state appointed and controlled religious authorities who work under close scrutiny of the state lack credibility in their fatwas. This has especially been the case in the post-colonial period where authoritarian states have deprived many Muslim scholars of their scholarly freedom to produce independent fatwas. Secondly, the paper asserts that an absence of field experts in the fatwa-making process in such areas as medicine, psychology, law, and public policy has weakened the credibility of online fatwas. Finally, the online fatwas evidenced in this study shows little, if any, consideration of opposing views on organ donation and transplantation, further damaging the reliability of the rulings produced. Finally, the online fatwas evidenced in this study shows little, if any, consideration of opposing views on organ donation and transplantation, further damaging the reliability of the rulings produced. Full article

This article, part of an evolving and large project, examines the relationship between clothing, freedom and choice, and specifically Islamic dress in shaping the identity of Dutch Muslim women after the Burka Ban that was voted into law on 1 August 2019 in the Netherlands. It discusses the debates before and after this date, as well as the background to the ban. A veil covering the face is a garment worn by some Muslim women to adhere to an interpretation of hijab (modest dress). It can be referred to as a burqa or niqab. In the aftermath of the Burka Ban that prompted considerable public alarm on the part of Muslim men and women, niqab-wearing women, as well as women who do not wear a veil, but are in solidarity with their niqabi sisters, raised a number of questions that form the basis for the analysis presented here: how do Dutch Muslim women shape their identity in a way that it is both Dutch and Muslim? Do they incorporate Dutch parameters into their Muslim identity, while at the same time weaving Islamic principles into their Dutch sense of self? The findings show how Islamic clothing can be mobilized by Dutch Muslim women to serve identity formation and personal (religious) choice in the Netherlands, where Islam is largely considered by the non-Muslim population to be a religion that is oppressive and discriminatory towards women. It is argued that in the context of being Dutch and Muslim, these women express their freedom of choice through clothing, thus pushing the limits of the archetypal Dutch identity and criticizing Dutch society while simultaneously stretching the meaning of Islam to craft their own identity. Full article

The Molla Sali case, recently heard by the ECtHR, concerns the compatibility of the implementation of Sharia in the family and personal relations of the Muslims of Western Thrace, who remained within the boundaries of the Greek State after the exchange of populations under the Treaty of Lausanne, to the ECHR. The applicant, a Greek national of the Muslim minority of Western Thrace, complained that she could not be beneficiary by testament of her deceased husband’s estate, member of the same minority, since, according to the position of the Court of Cassation, due to a series of international agreements and relevant domestic norms, the law of succession applicable to her case was the Islamic Law that prohibits the testament, instead of the civil law. However, the ECtHR found that the applicant was victim of a violation of article 14 of the ECHR in conjunction with article 1 of Protocol no 1. In this case, the ECtHR considered for the first time the question of the compatibility of a religious community’s separate legal status with the ECHR. The rationale behind the decision is within the framework of the core principles of the Court’s case law on the limits of the autonomy of religious communities and acknowledgement of minority rights. The Court, based on the main line of arguments which constitute the corpus of its jurisprudence on religious and minority issues, ruled that the separate legal status of the Muslim minority cannot justify divergences from the application of the General Law, to the extent that such divergences violate the Greek citizens’ rights enshrined in the Constitution and the ECHR and it condemned Greece on the basis of “discrimination by association”. Full article

A woman’s eligibility to be appointed as a judge in Shariah courts in Muslim societies has been a debated issue for decades. Although some Muslim majority countries, including Arab countries, have allowed women judges (Qudath) in Shariah courts, the Muslim Religious Leadership in Sri Lanka, namely All Ceylon Jamiyathul Ulama (ACJU) is opposed to such appointment to administrate Muslim matrimonial law on the basis of classical Muslim scholars’ discussion on the qualification of a judge (Qadi in Arabic), particularly referring to their debate on gender; however, women activists in Sri Lanka argue for women Quazi on the basis of women’s privacy and fair hearing. This article, therefore, explores the Islamic standpoint regarding women Quazi in Sri Lanka. Hence, this research studies the classical scholars’ discussions on the qualification of a judge (Qadi) critically and uses textual and document analysis to bring out the dynamic interpretations of the verses of the Quran and Hadiths that they used for their arguments. The contextual analysis was carried out to understand the various applications of these verses of the Quran and Hadiths in history, particularly in connection with the present situation for women in Sri Lanka. This research found no explicit verses of the Quran and Hadiths to allow or deny women Quazi. The positive and negative approach to women judges (Qudath) has been founded throughout history on the basis of Islamic scholars’ understanding of a few verses of the Quran and Hadith that are related to women leadership. This study recommends women Quazi for Sri Lankan Quazi courts by highlighting differences of context and insignificance of classical Muslim scholars’ debate on gender as a qualification of a judge (Qadi). Full article

Religion in the United States remains a consistent source of conflict not only because of the breadth and depth of personal religious commitment, but also because of guarantees from the United States Constitution. The First Amendment protects religious Free Exercise but also constrains federal, state, and local governments from establishing official government religions, endorsing religions or religion itself. Despite the risk of potential conflicts with the constitution’s text, Congress has supported laws that expand religious liberty. One such example is the Religious Land Use and Institutionalized Persons Act (2000), which significantly enhanced prisoners’ right to religious exercise above the minimum provided by the First Amendment. In the 2015 case of Holt v. Hobbs, the Supreme Court ruled in favor of a Muslim prisoner who had been denied his request for religious accommodations under RLUIPA because the prison failed to satisfy the act’s strict scrutiny standard before it denied accommodations to a prisoner to practice his faith. Via an analysis of case law since Holt v. Hobbs was decided in January 2015 until March 2018, we investigate the extent to which Holt has affected judicial voting in RLUIPA cases and how such voting may have been influenced by judges’ ideological dispositions. Full article