This paper considers arguments about Islam and women's welfare, and, at greater length, how legal systems with Islamic elements treat women, with a focus on how women fare in Islamic family courts. Key methodological issues include how to focus on real-world views and practices rather than only...

Marriage is often compared to a "contract." The contract analogy appears to be an argument about the law of marriage based on a settled concept called "contract." But it is in fact an assertion of a contested view of "contract": that legitimate obligation must derive from consent. This focus on...