Pronouncing & persevering : gender and the discourses of disputing in an African Islamic court

Bibliographic Information

Pronouncing & persevering : gender and the discourses of disputing in an African Islamic court

Susan F. Hirsch

(Language and legal discourse)

University of Chicago Press, c1998

  • : cloth
  • : pbk

Other Title

Pronouncing and persevering

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Note

Includes bibliographical references (p. 335-355) and index

Description and Table of Contents

Volume

: cloth ISBN 9780226344638

Description

The title of this study reflects the image of gender relations most commonly associated with Islamic law - this being a study of disputes involving Swahili Muslims in coastal Kenya. Men need only "pronounce" divorce to resolve marital conflicts, while embattled wives must persevere by enduring marital hardships. Susan Hirsch's observations of Islamic courts uncover how Muslim women actively use legal processes to transform their domestic lives, achieving victories on some fronts, but reinforcing their image as subordinate to men through the speech they produce in court. The focus of this text is the language used in disputes, particularly how men and women narrate their claims, and how their speech shapes and is shaped by gender hierarchy in postcolonial Swahili society. Based on field research and court testimony, Hirsch's book opposes the conventional view that women are powerless under Islamic law.

Table of Contents

Acknowledgments Introduction 1: Legal Processes and the Discursive Construction of Gender 2: Representations of Swahili Society 3: Analyzing Talk about Trouble 4: The Discourses of Marital Disputing 5: Marital Disputing in Kadhi's Courts 6: Indexing Gender: Initial Courtroom Narratives 7: Constructing Audience: Interaction in Cases and Mediations 8: Portraying Gendered Speakers: Reported Conversations 9: Pronouncing and Persevering: Ideology and Metalinguistics in Disputes Conclusion App. A: Glossary App. B: Features of Transcription App. C: Case Summaries App. D: Kiswahili Texts Notes References Index
Volume

: pbk ISBN 9780226344645

Description

The title of this study reflects the image of gender relations most commonly associated with Islamic law - this being a study of disputes involving Swahili Muslims in coastal Kenya. Men need only "pronounce" divorce to resolve marital conflicts, while embattled wives must persevere by enduring marital hardships. Susan Hirsch's observations of Islamic courts uncover how Muslim women actively use legal processes to transform their domestic lives, achieving victories on some fronts, but reinforcing their image as subordinate to men through the speech they produce in court. The focus of this text is the language used in disputes, particularly how men and women narrate their claims, and how their speech shapes and is shaped by gender hierarchy in postcolonial Swahili society. Based on field research and court testimony, Hirsch's book opposes the conventional view that women are powerless under Islamic law.

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