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10 Mich. J. Gender & L. 143 (2003-2004)
The Marriage Dower: Essential Guarantor of Women's Rights in the West Bank and Gaza Strip

handle is hein.journals/mjgl10 and id is 149 raw text is: THE MARRIAGE DOWER: ESSENTIAL GUARANTOR OF WOMEN'S RIGHTS IN THE WEST BANK AND GAZA STRIP I-featherJacobson* 1. INTRODUCTION TO DOWER IN PALESTINIAN FAMILY LAW • 144 II. THE FEMINIST CAMPAIGN AGAINST THE DOWER • 147 III. THE TRUTH ABOUT DOWER IN PALESTINIAN SOCIETY • 152 A. Questioning the Origins of the Movement to Eliminate Mahr • 153 B. Dower as the Primary Source of Independent Wealth for Palestinian Women • 155 IV. IMPACT OF DOWER ON WOMEN VIS-,X-VIS OTHER PERSONAL STATUS LAWS . 157 A. MahrandMarriage 157 1. Opportunities for Bargaining in the Marriage Contract • 157 2. Mahr as a Source of Power Within Marriage 159 3. Mahr and Polygamy . 160 B. Mahr and Divorce • 163 1. Mahr and Talaq • 163 2. Mahr and Khul' • 165 CONCLUSION • 166 Through the dower, women gain access to property, yet at the same time it is part of a legal system which defines women as protected dependents. It can simultaneously be a power resource for women and the expression of their gender subordination. It underlines gender differences, yet it is also a system which recognizes the importance of social 'sameness' of men and women as marital partners.' This Article evaluates the impact that eliminating or reducing the marriage dower would have on the well-being of Muslim women in the West Bank and Gaza Strip. Although Palestinian women's rights organizations seek to eliminate dower on the grounds that it is a J.D., Georgetown University Law Center, 2003; M.S., Georgetown University School of Foreign Service, 2003. Many thanks to Professor Abu-odeh for her assis- tance. 1. ANNELIES MOORS, WOMEN, PROPERTY AND ISLAM 91 (1995).

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