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Women’s gifting of their inheritance share to male kin is void: a study of late Ottoman fatwas on social coercion.

Authors :
al-Marakeby, Muhammad
Source :
British Journal of Middle Eastern Studies. Jul2024, p1-22. 22p.
Publication Year :
2024

Abstract

This paper explores the juristic discussions about women’s access to their financial rights during late Ottoman Egypt. Taking <italic>fatwa</italic> collections as a source of social history, one can recognize that women sometimes gave up their financial entitlements to their male relatives voluntarily. This concession is thought to have occurred due to the influence of deeply ingrained social customs in some tribes. While various historical and anthropological studies have explored this social practice, this paper focuses instead on the Islamic law ruling concerning this phenomenon. I discuss in this paper how some ostensibly conservative <italic>ulama</italic> in nineteenth-century Egypt, in pursuit of upholding women’s financial rights against patriarchal oppression, recognized an important principle of social coercion. By considering fear of social stigma as a constraint on women’s free will and thus as a form of legal duress, those <italic>ulama</italic> enabled women to reclaim their rights when possible— likely following the death of their male relatives. This paper urges us to rethink the position of the <italic>ulama</italic> in nineteenth-century Egypt regarding women’s rights. Furthermore, it illuminates an overarching concept of coercion in Islamic law, which holds relevance to various modern debates. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
13530194
Database :
Academic Search Index
Journal :
British Journal of Middle Eastern Studies
Publication Type :
Academic Journal
Accession number :
178524029
Full Text :
https://doi.org/10.1080/13530194.2024.2362661