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The Unfamiliar AbodeIslamic Law in the United States and Britain$
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Kathleen Moore

Print publication date: 2010

Print ISBN-13: 9780195387810

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780195387810.001.0001

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Si(gh)ting Muslim Women on the U.S. Legal Landscape

Si(gh)ting Muslim Women on the U.S. Legal Landscape

Chapter:
(p.129) 5 Si(gh)ting Muslim Women on the U.S. Legal Landscape
Source:
The Unfamiliar Abode
Author(s):

Kathleen M. Moore (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195387810.003.0005

This chapter places Muslim women in the U.S. legal landscape, and discusses tensions between women's rights and secular notions of neoliberalism. How does a state committed to egalitarian principles accommodate a religious legal system widely believed to be patriarchal and oppressive of women? Here is a good example of where the clash-of-civilizations thesis purports that the values of a secular society are at odds with Islamic beliefs. The chapter examines the problem of anti-Muslim discrimination as it affects women, and then considers instances of divorce and child custody in which Islamic provisions have been evaluated in U.S. courts of law. Finally, it discusses the development of an Islamic feminism in relation to cultural testimony offered at trial in a California court of law. Notions of reworking the feminist subject outside of the terms of an “epistemological given” are taken up by Islamic feminists who call for a certain kind of Qur'anic hermeneutics.

Keywords:   Muslim women, women's rights, Islam, neoliberalism, anti-Muslin discrimination, Islamic feminism

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