‘Aqīqah in Hadith and Islamic Law

‘Aqīqah is an Islamic practice which is prescribed by specific legal conditions. These include the difference in the number of animals slaughtered for male and female children. It is a common sight to see a male child being provided with two sheep while a female child is provided with one, raising questions of fairness and possible gender bias. This study aims to analyze the meaning of the hadith concerning the number of animals prescribed for ‘aqīqah through a contextual approach and to compare hadith and fiqh (Islamic jurisprudence) studies in order to examine the possibility of gender bias in this provision. The study employed an empirical legal research method with data analyzed using Muhammad Talbi’s hermeneutical theory and Muhammad Shahrur’s Theory of ḥudūd. Data were collected by means of a literature review, observation, and in-depth interviews with experts and academics specializing in hadith, Islamic law, and Islamic thought at higher education institutions in South Sulawesi. Findings reveal that Talbi’s approach is applied through al-qirā’ah al-tārīkhiyyah which focuses on the historical aspects of the hadith and al-qirā’ah al-insāniyyah which stresses the humanitarian values and objectives of Islamic law. On the other hand, Shahrur’s theory of ḥudūd (limits) is used to understand the minimum and maximum limits in the practice of ‘aqīqah. The difference in the number of animals prescribed for ‘aqīqah therefore is not a form of gender discrimination, but rather signifies the social, cultural and economic contexts of the society at the time the hadith was transmitted. Thus, ‘aqīqah can be carried out flexibly as long as it is within the framework of maqāṣid al-sharī’ah (objectives of Islamic law). This study concludes that a contextual understanding of the hadith on ‘aqīqah can help prevent gender-biased interpretations and benefit religious practices in ways that are more equitable and relevant to contemporary society.

Fiqh · Islam · Legal practice · Meaning (existential) · Order (exchange) · Raising (metalworking) · Sharia · Gender and Women's Rights · Medical Research and Islamic Perspectives · Qur’anic Interpretation Studies