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


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


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

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