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억압'과 '저항'의 기제로서의 이슬람 여성의 베일과 히잡
조희선 한국중동학회 2001 韓國 中東 學會 論叢 Vol.22 No.1
hijab, which is considered as a part of muslim women's cloths, is normally translated as veil in english. but hijab and veil are not always same in their meanings and functions. hijab in arabic has its root in arab-islamic culture; meanwhile the term of veil is considered as an orientalistic term, which has been used in the western world. 'veil' has been a target of ignorance, attack, and banishment and considered as a symbol of backwardness in the western media. and it has often understood as an anti-bumanistic and anti-feministic habit. but 'hijab' has been a kind of social practices, which is oriented from the religious source to cover not only socio-cultural relations but also political meanings in each period of time. so, this paper will study on 'veil' which is recognized as a mechanism of 'oppression' in the western world, and 'hijab' which is considered as a symbol of 'resistance and identity' in the islamic movement' to take an objective view of muslim women's hijab. as a preveiw study, it will also discuss about how veil or 'hijab' had been introduced and prevailed in islamic history and religion, and what is the islamic position on it. this objective study on muslim women's veil, which became a symbol of islam, could help to correct general misunderstandings and distortions of the islamic world.
조희선,김효정 明知大學校 人文科學硏究所 2004 인문과학연구논총 Vol.26 No.-
In general, the Islamic world has been considered as one infringing upon the women's rights. In these Islamic countries, however, the customs reflecting the infringement of women's rights such as 'honour crime', polygamy, Hijãb covering over the whole body, the women's circumcision, etc. have been exaggerated or distorted through the orientalism. In fact, it is the family law that mostly effects on the women's rights in the current Islamic world, The some countries pursuing the secular policy such as Turkey have removed the religious laws for the western law system, while the other countries with the Gulf including Saudi Arabia and United Arab Emirates, and Iran are practicing the conservative laws based on the customs. We should keep in mind that most Islamic countries still follow SarI'ah, the religious Islamic law, as the family law even though their regimes are secularized. In Egypt, for example, although most laws including its regime are secularized, the family law is practiced on the base of the custom of Shari'ah. On the other hand, Tunisia has succeeded in reforming the family law based on the western one, with keeping the Islamic identity. The omparative study on the family law between traditional Egypt and reformative Tunisia will be important in the view that it will be helpful in the positive reformation of the family law in the Islamic countries. this thesis aims at studying whether the women's rights in the Islamic world could be improved through the amendment of the family law. Therefore, we will make a comparative study on the family law between Egypt and Tunisia. First of all, the characteristics of Islamic traditional family laws will be studied. Especially, we will focus on the Hanafi and maliki from which the family laws of Egypt and Tunisia are derived. The family law of Egypt has been based on the Hanafi, while that of Tunisia has been derived from Maliki, so that their current family laws differ after several amendments. Second, the political, social, cultural changes in Egypt and Tunisia will be studied through diachronic studying of the establishment of the each country's family law, and their particular backgrounds in their law's amendments. Third, the specific problems related to the family laws will be searched through making comparative studying the essential contents of the family law between Egypt and Tunisia. In the part of conclusion, we will compare the family laws as a whole in Egypt and Tunisia, whereby we will present the positive direction of family laws in the Islamic countries.