Land holds immense economic, cultural, religious, and political significance for most sub-Saharan African countries. However, customary patriarchal norms restrict land ownership to the male lineage... Show moreLand holds immense economic, cultural, religious, and political significance for most sub-Saharan African countries. However, customary patriarchal norms restrict land ownership to the male lineage, while women typically access land through relationships with men. Women’s land rights thus remain weak and vulnerable to disputes, particularly when these relationships are severed. Despite legal reforms aimed at enhancing women’s land rights in Kenya, customary norms remain deeply entrenched. This book examines the experiences of women entangled in land disputes. It illustrates women’s vulnerability to land disputes and demonstrates how men exploit their positions of authority to manipulate existing institutions to deprive women of their land rights. These women contend with violence and social exclusion in unclear land dispute resolution structures. While formal courts are more likely to safeguard women’s land rights, the process is often arduous, costly, and often tainted by corruption. Show less
Indigenous peoples' rights have been on the international political agenda for over fifty years. Yet, very limited attention has been given to indigenous women. Among indigenous peoples, women are... Show moreIndigenous peoples' rights have been on the international political agenda for over fifty years. Yet, very limited attention has been given to indigenous women. Among indigenous peoples, women are one of the most vulnerable groups, because they are subject to multiple discrimination: for being a woman, indigenous, and often, because of the stigma of poverty. The absence of attention for women's issues is due to a lack of awareness and knowledge regarding the role women play in society and in the development of communities, and it illustrates the subordinated position women continue to have in society in general. This research wants to contribute to the visibility of indigenous women. Therefore, it provides an overview of some of the challenges indigenous women are still facing, focusing on the case of Mexico. It analyzes the position of indigenous women in Mexican society, to identify some of the fields in which indigenous women's rights are still not guaranteed and therefore require more action. Special attention is given to the position of indigenous women in Mexican health care, political participation, media, and education. Show less
This book presents the results of a research about the Islamic courts of Cianjur in West Java, and Bulukumba in South Sulawesi and the role they play in local divorce practices. It addresses... Show moreThis book presents the results of a research about the Islamic courts of Cianjur in West Java, and Bulukumba in South Sulawesi and the role they play in local divorce practices. It addresses questions which not only enhance our understanding of how Islamic courts in Indonesia work, but also of how Islamic courts through their everyday adjudication processes have the potential to transform societal norms based in national family law, Islamic law and customary law. What is the history of the Islamic courts in both districts and what are its consequences for their position in the local community? What role do the Islamic courts play in protecting women’s divorce rights? How do they perform with regard to spousal support, child support and marital property and why? How do the Islamic courts treat women’s and men’s claims? How has Indonesian family law for Muslims developed and what is the role of the Islamic courts in this development? How are Islamic courts positioned in Indonesia’s nation-building project? This book attempts to provide answers to those questions by exploring the Islamic courts’ institutional history in both districts, the development of the substantive law they apply, and the socio-cultural and economic aspects of divorce. Show less
