| This thesis investigates the rights of women under Islamic law, focusing on mothers and their children and comparing traditional Islamic law with the contemporary Lebanese legal system. The approach chosen here is to examine the laws pertaining to nasab (lineage). My analysis of the evolution in understanding nasab ultimately leads to a discussion on the denial of paternity, the li‘an procedure, zinā (extralegal sexual intercourse), and so-called “crimes of honour,” as well as an analysis of the modern notion of citizenship. The pre-modern jurists’ understanding is then compared and contrasted with the post-colonial view as it has come to be represented in contemporary Lebanon. Ultimately, I aim to demonstrate that the flexibility with which pre-modern Islamic law was applied found itself seriously impaired by the advent of colonialism, French legal influence, and the subsequent rise of the nation-state – negatively affecting Lebanese women and their rights. |
