About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

19 UCLA J. Islamic & Near E. L. 103 (2021)
The Protection and Empowerment of People with Disabilities in Islamic Law

handle is hein.journals/ucjicneal19 and id is 109 raw text is: THE PROTECTION AND EMPOWERMENT OF PEOPLE WITH DISABILITIES IN ISLAMIC LAW Margaret R. Austen ABSTRACT Around the world, the experience of people with disabilities, like many marginalized classes, does not always align with the promises codified in stat- utes and case law. However, inclusive ideals are found in even the earliest of Islamic legal texts, where people with disabilities are included within ety- mology, storytelling, the duty of almsgiving, and the influence of physiognomy on Islamic law. People with disabilities are also integrated in contemporary Islamic legal principles, including penal, family, and municipal Islamic law. While it is tempting to contrast the everyday experiences of people with dis- abilities against the principles declared in laws or religious creeds, this type of analysis requires a sophisticated blend of sociology, theology, psychology, and even anthropology. This Comment seeks instead to survey the protections and power granted to people with disabilities within Islamic law. While this is a pri- marily legal analysis, the overlap of theology, morality, and scholarship inherent in Islamic law renders sifting out the solely legal principles affecting people with disabilities nearly impossible. In addition to highlighting the work of con- temporary scholars such as Vardit Rispler-Chaim and Mohammed Ghaly, this Comment examines classical sources and early works of Islamic jurists. ABOUT THE AUTHOR Margaret R. Austen, known by friends and family as Maggie, studies International Law at Suffolk University Law School in Boston, Massachusetts. She has a bachelor's degree from Gordon College in History and Second- ary Education. Margaret has a congenital vision impairment and identifies as a person with a disability; she believes in the importance of changing indi- vidual and societal mindsets towards individuals with disabilities around the world. In addition, Margaret is an American with no cultural ties to Arab or Islamic nations, except for her employment with and support of Empower- ment Through Integration (ETI), www.etivision.org. Margaret is also a devout Christian holding deep respect and curiosity towards other faiths. Margaret believes that the law, including religious creeds and doctrines, has a powerful impact on the experiences of people with disabilities around the world, and has experienced firsthand the marginalization that occurs when misunderstanding and ignorance of the law prevails. Margaret would like to thank her Profes- sor, Ali Rod Khadeem, her classmate Colin Taylor Donnelly, and the editors of © 2021 Margaret R. Austen 103

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most