The Construction of Gender in Islamic Legal

Thought and Strategies for Reform

Bibliographic Data

ID6147822
AuthorsZiba Mir‐hosseini (corresponding author)
Year2003
Volume1
Issue1
Pages1-28
Publication date2003-02-14
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueHawwa (JOURNAL)
Journal identifiersISSN: 1569-2078 • E-ISSN: 1569-2086
PublisherBrill (PUBLISHER • NL)
DOI10.1163/15692078-00101002
OpenAlexW4212855337
LanguageEN
Citations received2

This paper explores ways in which women can pursue and achieve equality and justice in Islamic law. It begins by examining constructions of gender rights in Islamic legal thought, with a view to identifying both the legal theories and assumptions that inform them, and concludes by exploring the kinds of strategies for reform that are needed to reflect the spirit of the age. I argue that, broadly speaking, Islamic legal thought contains three distinct discourses on gender rights. While the first two are premised on various forms of inequality between the sexes, the third argues for equality. The first, which is the discourse of the classical sharīʿa texts, I call Traditionalist. The second, which developed in the early part of the twentieth century and is reflected in the modern legal codes in Muslim countries, I call Neo-Traditionalist—though it is commonly referred to as Modernist. The third, which I call Reformist, emerged in the last two decades and is still in the process of formation. It is within this discourse that gender equality in law can be achieved

Economic Justice · Gender equality · Gender inequality · Gender justice · Inequality · Islam · Legal process · Political science · Sharia · Sociology · Gender Studies · History · Islamic Studies and History · Law · Marriage and Sexual Relationships · Multiculturalism, Politics, Migration, Gender

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