Passed into law over a decade before the Revolution, the Family Protection Law quickly drew the ire of the conservative clergy and the Ayatollah Khomeini in 1979. In fact, it was one of the first laws to be rescinded following the revolution. The law was hardly a surprising target, however, since women's status in Iran was then - and continues now to be - a central concern of Iranian political leaders, media commentators, and international observers alike. Taking up the issue of women's status in a modern context, Marianne Boe offers a nuanced view of how women's rights activists assert their rights within an Islamic context by weaving together religious and historical texts and narratives. Through Her substantial fieldwork and novel analysis, Boe undermines both the traditional view of 'Islamic Feminism' as monolithic and clears a path to a new understanding of the role of women's rights activists in shaping and synthesizing debates on the shari'a, women's rights and family law. As such, this book is essential for anyone studying family law and the role of women in contemporary Iran.

As an Iranian Muslim woman and a granddaughter of a well-known ayatollah, Shahla Haeri was accepted into the communities where she conducted her fieldwork on mut'a, temporary marriage. Mut'a is legally sanctioned among the Twelver Shi'ites who live predominantly in Iran. Drawing on rich interviews that would have been denied a Western anthropologist, the author describes the concept of a temporary-marriage contract, in which a man and an unmarried woman (virgin, widow, or divorcee) decide how long they want to stay married to each other (from one hour to ninety-nine years) and how much money is to be given to the temporary wife. Since the Iranian revolution of 1979, the regime has conduction an intensive campaign to revitalize this form of marriage, and Shi'i ulama (religious scholars) support it as positive, self-affirming, and cognizant of human needs. Challenged by secularly educated urban Iranian women, and men and by the West, the ulama have been called upon to address themselves to the implications of this custom for modern Iranian society, to respond to the changes that mut'a is legally equivalent to hire or lease, that it is abusive of women, and that it is in fact legalized prostitution. Law if Desire thus makes available previously untapped and undocumented data about an institution in which sexuality, morality, religious rules, secular laws, and cultural practices converge. This important work will be of interest to cultural anthropologist, religious scholars, scholars of the Middle East, and lawyers as well as to those interested in the role of women in Islamic society.

This book offers both theoretical perspectives and detailed examples which provide the analytical frameworks chosen by the Middle Eastern women themselves to explain the strategies they have chosen for liberation. The studies deal with Islam and its impact on personal and public lives of women in the region as well as their political struggles for liberation both internally and internationally.

Artikler om praktisering af islamisk familieret i Mellemøsten, Europa, Syd- og Sydøstasien samt Kina.

With the resurgence of Islam as a social and political force, debates over family law reveal the struggle between the forces of traditionalism and modernism. The disparate tendencies within so-called Islamic fundamentalism have in commmon the desire to re-institute Shari'a law, which they regard as the last bastion of the Islamic ideal of social relations. Yet very little is known of the ways in which the Shari'a actually operates in today's Muslim societies. Mir-Hosseini focuses on the dynamics of marriage and its breakdown, as well as the way in which litigants manipulate the law in order to resolve marital disputes and child custody cases. Taking an inter-disciplinaryand approach which straddles law, anthropology, sociology and women's studies, Mir-Hosseini shows how women may turn even the most patriarchal elements of Islamic law to their advantage and achieve their personal marital aims.

The current rise of Islamism throughout the Muslim world, Islamists’ demand for the establishment of Islamic states, and their destabilizing impact on regional and global orders have raised important questions about the origins of Islamism and the nature of an Islamic state. Beginning with the Iranian revolution of the late 1970s and the establishment of the Islamic Republic to today’s rise of ISIS to prominence, it has become increasingly apparent that Islamism is a major global force in the twenty-first century that demands acknowledgment and answers. As a highly-integrated belief system, the Islamic worldview rejects secularism and accounts for a prominent role for religion in the politics and laws of Muslim societies. Islam is primarily a legal framework that covers all aspects of Muslims’ individual and communal lives. In this sense, the Islamic state is a logical instrument for managing Muslim societies. Even moderate Muslims who genuinely, but not necessarily vociferously, challenge the extremists’ strategies are not dismissive of the political role of Islam and the viability of an Islamic state. However, sectarian and scholastic schisms within Islam that date back to the prophet’s demise do undermine any possibility of consensus about the legal, institutional, and policy parameters of the Islamic state. Within its Shi’a sectarian limitations, this book attempts to offer some answers to questions about the nature of the Islamic state. Nearly four decades of experience with the Islamic Republic of Iran offers us some insights into such a state’s accomplishments, potentials, and challenges. While the Islamic worldview offers a general framework for governance, this framework is in dire need of modification to be applicable to modern societies. As Iranians have learned, in the realm of practical politics, transcending the restrictive precepts of Islam is the most viable strategy for building a functional Islamic state. Indeed, Islam does provide both doctrinal and practical instruments for transcending these restrictions. This pursuit of pragmatism could potentially offer impressive strategies for governance as long as sectarian, scholastic, and autocratic proclivities of authorities do not derail the rights of the public and their demand for an orderly management of their societies.

In both the West and throughout the Muslim world, Islamic family law is a highly and hotly debated topic. In the Muslim World, the discussions at the heart of these debates are often primarily concerned with the extent to which classical Islamic family law should be implemented in the national legal system, and the impact this has on society. Family Law in Islam highlights these discussions by looking at public debates and legal practice. Using a range of contemporary examples, from polygamy to informal marriage (zawaj 'urfi), and from divorce with mutual agreement (khul') to judicial divorce (tatliq), this wide-ranging and penetrating volume explores the impact of Islamic law on individuals, families and society alike from Morocco to Egypt and from Syria to Iran. It thus contains material of vital importance for researchers of Islamic Law, Politics and Society in the Middle East and North Africa."