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Promoting Women's Rights in Islamic Law in a Non-Muslim State - Israel

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The dissolution of the Ottoman Empire, through the British mandate and the establishment of the state of Israel, created a reality in which no Muslim legislator existed in the country. Thus, the chief judge--Qadi al Qudat, due to the dire need for reforms in the Sharia' family law and in order to minimize the intervention of the non-Muslim--Israeli legislator in the divine family law, he took it upon himself to initiate the reforms. As such, this experience is considered pioneer world-wide and unique in its scope. The reforms were done in accordance with the Islamic rules of renewal and are derived from the Islamic jurisprudence--sharia' itself. This process was done in two tracks: First, decisions of the High Court of Appeals should be followed by the lower courts as binding precedents. Second, the president of the High Sharia' court issued judicial decrees guidelines to the lower courts, driven by the Maslaha, the public interest, in various matters of Islamic law such as promoting women status, children rights and preservation of Islamic sites and cemeteries sanctity.
Ahmad Natour is senior lecturer at the University of Tel Aviv Law School.
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