Constrained Spaces for Islamic Feminism: Women’s Rights and the 2004 Constitution of Afghanistan

Citation:

Choudhury, Nusrat. 2007. “Constrained Spaces for  Islamic Feminism: Women’s Rights and the 2004 Constitution of Afghanistan.” Yale Journal of Law and Feminism 19: 155–99.

Author: Nusrat Choudhury

Abstract:

The Afghan Constitution of 2004 attempts a reconciliation between democracy, Islam, Islamic law, and women's rights. This raises much debate. Although the constitution guarantees equality and includes gender quotas, some fear that the balance struck is too precarious. For example, nothing prevents a judge from relying upon the Shari'a described in the constitution to emphasize the incompatibility between Islamic law and women's rights. The author therefore questions the viability of this legal combination.

Topics: Democracy / Democratization, Feminisms, Gender, Women, Gender Balance, Governance, Constitutions, Quotas, Religion, Rights, Women's Rights Regions: Asia, South Asia Countries: Afghanistan

Year: 2007

© 2017 CONSORTIUM ON GENDER, SECURITY & HUMAN RIGHTSLEGAL STATEMENT All photographs used on this site, and any materials posted on it, are the property of their respective owners, and are used by permission. Photographs: The images used on the site may not be downloaded, used, or reproduced in any way without the permission of the owner of the image. Materials: Visitors to the site are welcome to peruse the materials posted for their own research or for educational purposes. These materials, whether the property of the Consortium or of another, may only be reproduced with the permission of the owner of the material. This website contains copyrighted materials. The Consortium believes that any use of copyrighted material on this site is both permissive and in accordance with the Fair Use doctrine of 17 U.S.C. § 107. If, however, you believe that your intellectual property rights have been violated, please contact the Consortium at info@genderandsecurity.org.