The Legal Status of woman in Islamic law: The Family and Society

Annotation of master`s dissertation«The Legal Status of woman in Islamic law: The Family and Society»Events of the Arab Spring and constant news about human rights violation on Arabian Peninsula, again brings up a question of implementation of the international norms of the right in Islamic legal system. In this regard, there is an interest to the regional concept of human rights, including to concepts of the rights of women. The female in this region suffers from continuous restriction of their rights, both in a family, and in society. The main reasons for the similar relation usually call traditions of Islamic society. In this regard, there is a need of more careful studying of the main instrument of protection of society and the woman for this region – the Islamic right. Turning point in the history of the Islamic right, as a whole, and legal status of the woman, in particular, is the XX century as the period of disintegration of the uniform Islamic state – the Ottoman Empire, and creation of the independent, sovereign states in the same territory. The foundation for changes is laid in the period of Tanzimat, however the particular interest is caused by legal acts of again formed states and a current state of Islamic legal system. The dissertation consists of three chapters. The first chapter considers historical legal status of the woman in the Islamic law. It includes three paragraphs: 1. Legal status of the woman in the Islamic right in the states of an Islamic legal family: before the beginning of the XX century; 2. Legal regulation of the status of the Moslem in the Russian Empire in XIX – the beginning of the XX century; 3. Changes in legal status of the woman in the Islamic law: XX century. The second chapter is devoted to the family and marriage relations. It includes three paragraphs: 1. Problems of legal status of the woman to majority; 2. Legal status of the woman in marriage: rights and duties; 3. The rights of the woman at divorce proceeding. The third chapter opens a ratio of the international legal standards and the Islamic concept of human rights. It consists of three paragraphs: 1. Ratio of the international and Islamic law in the field of protection of the rights of women; 2. Right of the woman for education and work; 3. Wearing hijab as right and duty. The purpose of the real research is studying and specification of the status of the woman in the Islamic law at the present stage of development on the example of a number of the states, being representatives of Islamic legal system, considering historical features of the previous stages of genesis of a studied subject. Object of research is the Islamic legal system. Subject of research is legal status of the woman in this system. When writing the thesis more than 112 sources and scientific works, including 11 foreign publications are used.