이슬람법과 젠더(Gender)에 관한 연구 - 혼인과 이혼을 중심으로-
A study on Islamic Law and Gender - Focused on Marriage and Divorce-
0
조회
0
다운로드
7
인용
0
참고문헌
키워드
초록
Since the 20th century, while all Islamic countries have gone through a secularization process to varying degrees, they tried to find out their identity as distinct from Western countries in Islamic law, particularly the Islamic family law. Even the countries that introduced Western legal system tried to apply Ijtihad, namely, the way to reinterpret traditional Islamic laws, in the field of family law. So even in modern times, Islamic law - especially the family law - exercises great influence on gender relations in Islamic society. From the liberal and egalitarian view, Islamic family law is undoubtedly a gender-discriminating unequal law. Islamic law with unequal gender perspective has been a target of criticism and reformation in the Islamic world as well as in the western world. Nevertheless, reformers and even feminists in most of the Islamic world accept Islamic law as God’s law, in other words, as fate. All they could do was to focus on new interpretation of God’s law through Ijtihad as Ulama did in the past. Islamic law that was declared to be brought to completion in the 10th century still dominates legal thinking and the legal system in the field of Islamic family law. Studying gender relations that appear in classical Islamic law can be an essential basis in understanding family law and gender relations in the Islamic world today. I did a research on how marriage and divorce, which are the very foundation of gender relations, are handled in classical Islamic law. I also analyzed, within the standard of liberal egalitarianism, about how Islamic law prescribes gender relations in marriage and divorce; their limitation, discrimination, inequality, and suppression; and the types of discrimination. Meanwhile, I tried to find out some means to do away with unequal gender relations in Islamic family law. That could be a starting point for a follow-up study that will attempt to ascertain how classical Islamic law is adapted in the contemporary family laws of each Islamic country.
Abstract
Since the 20th century, while all Islamic countries have gone through a secularization process to varying degrees, they tried to find out their identity as distinct from Western countries in Islamic law, particularly the Islamic family law. Even the countries that introduced Western legal system tried to apply Ijtihad, namely, the way to reinterpret traditional Islamic laws, in the field of family law. So even in modern times, Islamic law - especially the family law - exercises great influence on gender relations in Islamic society. From the liberal and egalitarian view, Islamic family law is undoubtedly a gender-discriminating unequal law. Islamic law with unequal gender perspective has been a target of criticism and reformation in the Islamic world as well as in the western world. Nevertheless, reformers and even feminists in most of the Islamic world accept Islamic law as God’s law, in other words, as fate. All they could do was to focus on new interpretation of God’s law through Ijtihad as Ulama did in the past. Islamic law that was declared to be brought to completion in the 10th century still dominates legal thinking and the legal system in the field of Islamic family law. Studying gender relations that appear in classical Islamic law can be an essential basis in understanding family law and gender relations in the Islamic world today. I did a research on how marriage and divorce, which are the very foundation of gender relations, are handled in classical Islamic law. I also analyzed, within the standard of liberal egalitarianism, about how Islamic law prescribes gender relations in marriage and divorce; their limitation, discrimination, inequality, and suppression; and the types of discrimination. Meanwhile, I tried to find out some means to do away with unequal gender relations in Islamic family law. That could be a starting point for a follow-up study that will attempt to ascertain how classical Islamic law is adapted in the contemporary family laws of each Islamic country.
참고문헌 (37)
- 김대홍, "이슬람법제 일부다처혼의 제한 입법과 그 시사점", 법과사회, (44), pp.175~206 (2013), 법과사회이론학회
- 박현도, "“이즈티하드(Ijtihād)의 문 폐쇄”에 대하여: 할락의 비판이 주는 의미와 파장", 한국이슬람학회논총, 25(2), pp.1~19 (2015), 한국이슬람학회
- 손주영, "이슬람법과 법학파의 형성에 관한 연구", 한국이슬람학회논총, 15(1), pp.49~80 (2005), 한국이슬람학회
- 이원삼, "이슬람법사상" (2001), 아카넷
- 조희선, "이슬람 여성의 이해 오해와 편견을 넘어서" (2009), 세창출판사
- 조희선, "코란과 젠더(Gender)에 관한 연구", 한국중동학회논총, 32(1), pp.185~215 (2011), 한국중동학회
- 조희선, "변화하는 무슬림 여성 -코란, 하디스, 이슬람법 샤리아에서 여성읽기" (2015), 세창출판사
- 조희선, "이집트와 튀니지의 가족법 비교 연구", 인문과학연구논총, (26), pp.115~140 (2004)
- 최영길, "성 코란 의미의 한국어 번역", 파하드국왕코란출판청
- Ahmed, Leila, "Women and Gender in Islam" (1992), Yale University Press
- Ali Engineer, Asghar, "The Rights of Women in Islam" (1992), C. Hurst &Company
- An-Na’im, Abdullah A, "Islamic Family Law in a Changing World" (2002), Zed Books Ltd.
- Awde, Nicholas, "Women in Islam, An anthology from the Qur’an and Hadiths" (2005), Hippocrene Books Inc.
- Bakhtiar, Laleh, "Encyclopedia of Islamic Law : A Compendium of the Major Schools" (1996), Kazi Publications
- Barazangi, Nimat Hafez, "Women’s Identity and the Qur’an" (2006), University Press of Florida
- Cooke, Miriam, "Women Claim Islam" (2001), Routledge
- Davary, Bahar, "Women and the Qur’an, A Study in Islamic Hermeneutics" (2009), The Edwin Mellen Press
- Doi, Abd ar-Rahman I., "Shari’ah : Islamic Law" (2008), Ta-Ha Publishers Ltd.
- Esposito, John L., "Women in Muslim Family Law" (2001), Syracuse University Press
- Fletcher, Madeleine, "How can we understand Islamic law today?", Islam and Christian-Muslim Relations, 17(2), pp.159~172 (2006)
- Haddad, Yvonne Yazbeck, "Islamic Law and the Challenges of Modernity" (2004), Altamira Press
- Hallaq, Wael B., "Shari‘ah Theory, Practice, Transformations" (2010), Cambridge University Press
- Jawad, Haifaa A., "The Rights of Women in Islam" (1998), Macmillan Press
- Mir-Hosseini, Ziba, "Towards Gender Equality: Muslim Family Laws and the Shari‘ah, Wanted Equality and Justice in the Muslim Family" (2009), Musawah
- Mir-Hosseini, Ziba, "Muslim Women’s Quest for Equality: Between Islamic Law and Feminism", Critical Inquiry, 32(4), pp.629~645 (2009)
- Mir-Hosseini, Ziba, "Marriage on Trial A Study of Islamic Family Law" (2000), I.B.Tauris
- Nasir, Jamal J. Ahmad, "The Status of Women under Islamic Law and Modern Islamic Legislation" (2009), Brill
- Saad, Salama, "The Legal and Social Status of Women in the Hadith Literature", Doctor, pp.1990
- Sonbol, Amira al Azhary, "Women, the Family, and Divorce Laws in Islamic History" (1996), Syracuse University Press
- Sonbol, Amira al Azhary, "Women in Shari’ah Courts: A Historical and Methodological Discussion", Fordham International Law Journal, 27(1), pp.223~253 (2003)
- Spectorsky, Susan A., "Women in Classical Islamic Law" (2010), Brill
- Stowasser, Barbara Freyer, "Women in the Qur’an, Traditions, and Interpretation" (1996), Oxford University Press
- Swarup, Ram, "Understanding the Hadith" (2002), Prometheus Books
- Syed, Mohammad Ali, "The Position of Women in Islam" (2004), State University of New York Press
- Tucker, Judith E., "Women, Family, and Gender in Islamic Law" (2008), Cambridge University Press
- Wadud, Amaina, "Qur’an and Women" (1999), Oxford University Press
- Wahiduddin Khan, Maulana, "Women in Islamic Shari‘h" (1995), Islamic Center