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Old Texts, New PracticesIslamic Reform in Modern Morocco$
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Etty Terem

Print publication date: 2014

Print ISBN-13: 9780804787079

Published to Stanford Scholarship Online: September 2014

DOI: 10.11126/stanford/9780804787079.001.0001

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Refashioning Notions of Gender and Family

Refashioning Notions of Gender and Family

(p.111) 5 Refashioning Notions of Gender and Family
Old Texts, New Practices

Etty Terem

Stanford University Press

Chapter 5 investigates the sociolegal domain of kinship and domestic life as social disruption caused by the influx of European cash and goods, increased taxation and inflation, displacement of rural markets, and rural migration to port cities, introduced changes in household structure and family life. The chapter examines two fatwās issued by al-Wazzānī. The first one tells the story of a family dispute over family property (ḥubus). The second fatwā focuses on a family conflict between a woman and her brother-in-law, who refuses to pay her maintenance (nafaqa). In both cases, al-Wazzānī contests interpretations that sought to enhance gender asymmetry and male dominance. Instead, he suggests a restructuring of the patriarchal social order to reflect changes in family arrangements and household composition. The chapter argues that al-Wazzānī denounced and rejected older answers that became irrelevant and legitimized others that accommodated the new historical conditions.

Keywords:   Islamic law, New Miʻyār, fatwās, ḥubus, nafaqa, gender, family history, pre-Protectorate Morocco, Moroccan modernity

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