Tradition and reform in the legal framework surrounding immigrant woman in Muslim societies

Abstract

Migrant communities in the Middle East represent a vibrant space of identity negotiation and (re)construction, strongly influenced by the local context, itself characterised by a robust set of values deeply rooted in history and faith. Sexism is a significant problem throughout the region, as traditional, religious and social norms give men legal and economic power. The general level of male dominance over women overlaps with a particular one which regulates the status of the immigrant woman in Muslim society and family, further diminishing her role and rights. The article provides an overview of contemporary legal systems in Jordan, Lebanon and Egypt regarding the status of immigrant women and explores to what extent these systems are pervaded by sharia-based law, or whether the governments aim to ensure that they meet modern socio-economic needs. Out of all areas of law, familly laws are most influenced by classical sharia. Based on data collected from constitutions and relevant national laws, the paper analyses the framework for marriages, divorces and custodies. While Muslim countries have gradually taken distance from tradition-based legislation to the benefit of women, the rights of immigrants, mainly non-Arabs, vary in terms of individual liberties throughout the analysed countries.