The construction of gender in the Islamic legal thought and strategies for reform

Abstract

This essay 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. It is argued 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 discourse, based on classical Shari’ah text, is the traditionalist; the second, which was developed in the early part of the 20th century and is reflected in the modern legal codes of Muslim countries, is the neo-traditionalist – though its also commonly referred to as modernist; and the third, the 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.