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Womenâs Rights Under International, American, Islamic, and Egyptian Law: An Irresolvable Conflict?
A Cross-Cultural Examination of Gender Equality
Series: - Studies in Intercultural Human Rights, Volume: 12
Author:
This book presents a comprehensive analysis of women's rights pertaining to abortion, employment equality, and the choice to wear a hijab under international, American, Islamic, and Egyptian law. It challenges the notion that Islamic Shari'a inherently discriminates against women and attributes these perceptions to cultural stereotypes and social norms. It highlights the discrimination Muslim women encounter in Western countries and advocates for the protection and promotion of their rights to foster equality, fairness, diversity, and social cohesion.
Essential reading for anyone interested in gender equality, it offers a fresh perspective on the intersections between law, culture, and women's rights.
Essential reading for anyone interested in gender equality, it offers a fresh perspective on the intersections between law, culture, and women's rights.
Mohammad Ibrahim, J.S.D., Chief Justice at Egypt's appellate courts, previously served as a police officer and prosecutor. He holds a J.S.D. from St. Thomas University, Magna Cum Laude, and LL.M. degrees from Ain-Shams University and St. Thomas University, Cum Laude.
Contents
Foreword
Acknowledgments
Introduction
1 The Right to Abortion
â1 Abortion under International Law
ââA Pro-choice Arguments
ââB Pro-life Arguments
ââC Comparison between Regional Systems
â2 Abortion under American Law
ââA The Legal Basis of Womenâs Right to Abortion
ââB The Partial-Birth Abortion Ban Act of 2003
ââC Gonzales v. Carhart (2007)
ââD Dobbs v. Jackson Womenâs Health Org. (2022)
â3 Abortion under Shariâa
ââA The Prohibition of Murder in Islam
ââB The Juristic Consensus on the Prohibition of Abortion after the First 120 Days of Pregnancy
ââC The Juristic Dispute over Abortion during the First Four Months of Pregnancy
â4 Abortion under Egyptian Law
ââA The Crime of Abortion in Egyptian Law
ââB Arguments for Exceptions
â5 Concluding Analysis of Abortion Rights
2 Womenâs Right to Equality in employment
â1 Womenâs Right to Work under International Law
ââA The Right to Equal Treatment before the Law
ââB The Right to Work and Equal Treatment in Employment
ââC ilo Non-discrimination and Equality Standards
ââD Protection against Pregnancy Discrimination in the Workplace and Special Protection during Pregnancy
ââE Cases of Equal Pay under EU Gender Equality Law
ââF Cases of Equal Treatment under EU Gender Equality Law
â2 Womenâs Right to Work Under American Law
ââA Equal Pay in American Law
ââB Equal Treatment in American Law
ââC Disparate Treatment Discrimination
ââD The Supreme Courtâs Mixed-Motives Analysis under Title vii (Price Waterhouse v. Hopkins)
ââE The Civil Rights Act of 1991
ââF Disparate Impact Discrimination
ââG The Gender-Based Disparate Impact Case (Dothard v. Rawlinson)
ââH Pregnancy Discrimination Act (PDA)
ââI Challenges under Title vii after the PDA
â3 Womenâs Right to Work under Shariâa
ââA The First Perspective: Restricting Womenâs Right to Work
ââB Arguments of the Strict View
ââC The Second Perspective: Supporting Womenâs Right to Work
ââD Refuting the Arguments of the Strict View
â4 Womenâs Right to Work under Egyptian Law
ââA Womenâs Right to Employment Equality under the Law
ââB Restrictions on Womenâs Right to Travel and Work Abroad
ââC Womenâs Exclusion from Major Positions in Egypt
â5 Concluding Analysis of Womenâs Right to Equality in Employment
3 Womenâs Right to Wear Islamic Clothing
â1 The Duty of Islamic Clothing under Shariâa
ââA The Controversy between Hijab and Niqab
ââB Hijab Is the Mandatory Islamic Clothing
ââC Why Do Many Muslim Women Wear Islamic Clothing?
â2 Womenâs Islamic Clothing under Egyptian Law
ââA Principles of the Egyptian Constitution Relating to Womenâs Islamic Clothing
ââB Decisions of High Courts
â3 Womenâs Islamic Clothing under International Law
ââA International Protection of the Right to Free Manifestation of Religion
ââB Regional Protection of the Right to Free Manifestation of Religion
â4 Womenâs Islamic Clothing under American Law
ââA An Overview of Muslim Women in the U.S
ââB Title vii of the Civil Rights Act (EEOC v. Abercrombie & Fitch Stores, Inc (2015))
ââC The Free Exercise Clause
ââD Supreme Court Cases on the Right to Free Exercise of Religion
ââE Lower Court Cases on Womenâs Islamic Dress
ââF Appraisal
â5 Concluding Analysis of Womenâs Right to Wear Islamic Clothing
Conclusions
Index
Foreword
Acknowledgments
Introduction
1 The Right to Abortion
â1 Abortion under International Law
ââA Pro-choice Arguments
ââB Pro-life Arguments
ââC Comparison between Regional Systems
â2 Abortion under American Law
ââA The Legal Basis of Womenâs Right to Abortion
ââB The Partial-Birth Abortion Ban Act of 2003
ââC Gonzales v. Carhart (2007)
ââD Dobbs v. Jackson Womenâs Health Org. (2022)
â3 Abortion under Shariâa
ââA The Prohibition of Murder in Islam
ââB The Juristic Consensus on the Prohibition of Abortion after the First 120 Days of Pregnancy
ââC The Juristic Dispute over Abortion during the First Four Months of Pregnancy
â4 Abortion under Egyptian Law
ââA The Crime of Abortion in Egyptian Law
ââB Arguments for Exceptions
â5 Concluding Analysis of Abortion Rights
2 Womenâs Right to Equality in employment
â1 Womenâs Right to Work under International Law
ââA The Right to Equal Treatment before the Law
ââB The Right to Work and Equal Treatment in Employment
ââC ilo Non-discrimination and Equality Standards
ââD Protection against Pregnancy Discrimination in the Workplace and Special Protection during Pregnancy
ââE Cases of Equal Pay under EU Gender Equality Law
ââF Cases of Equal Treatment under EU Gender Equality Law
â2 Womenâs Right to Work Under American Law
ââA Equal Pay in American Law
ââB Equal Treatment in American Law
ââC Disparate Treatment Discrimination
ââD The Supreme Courtâs Mixed-Motives Analysis under Title vii (Price Waterhouse v. Hopkins)
ââE The Civil Rights Act of 1991
ââF Disparate Impact Discrimination
ââG The Gender-Based Disparate Impact Case (Dothard v. Rawlinson)
ââH Pregnancy Discrimination Act (PDA)
ââI Challenges under Title vii after the PDA
â3 Womenâs Right to Work under Shariâa
ââA The First Perspective: Restricting Womenâs Right to Work
ââB Arguments of the Strict View
ââC The Second Perspective: Supporting Womenâs Right to Work
ââD Refuting the Arguments of the Strict View
â4 Womenâs Right to Work under Egyptian Law
ââA Womenâs Right to Employment Equality under the Law
ââB Restrictions on Womenâs Right to Travel and Work Abroad
ââC Womenâs Exclusion from Major Positions in Egypt
â5 Concluding Analysis of Womenâs Right to Equality in Employment
3 Womenâs Right to Wear Islamic Clothing
â1 The Duty of Islamic Clothing under Shariâa
ââA The Controversy between Hijab and Niqab
ââB Hijab Is the Mandatory Islamic Clothing
ââC Why Do Many Muslim Women Wear Islamic Clothing?
â2 Womenâs Islamic Clothing under Egyptian Law
ââA Principles of the Egyptian Constitution Relating to Womenâs Islamic Clothing
ââB Decisions of High Courts
â3 Womenâs Islamic Clothing under International Law
ââA International Protection of the Right to Free Manifestation of Religion
ââB Regional Protection of the Right to Free Manifestation of Religion
â4 Womenâs Islamic Clothing under American Law
ââA An Overview of Muslim Women in the U.S
ââB Title vii of the Civil Rights Act (EEOC v. Abercrombie & Fitch Stores, Inc (2015))
ââC The Free Exercise Clause
ââD Supreme Court Cases on the Right to Free Exercise of Religion
ââE Lower Court Cases on Womenâs Islamic Dress
ââF Appraisal
â5 Concluding Analysis of Womenâs Right to Wear Islamic Clothing
Conclusions
Index
Ideal for scholars, legal professionals, human rights advocates, and policymakers interested in gender equality, and comparative law within the fields of international law, Islamic and eastern studies, and human rights.