The Construction of Gender In Islamic Legal Thought: STRaTeGIeS FoR ReFoRM

In this paper I explore wa��s in which women can pursue and achie�e equalit� � and justice in Islamic law.2 I argue, first, that conceptions of gender rights in Islamic law are neither unified nor coherent, but competing and contradictory; and secondly, that ��ender ri��hts as constructed in Islamic jurisprudence (fiqh) not onl� � ne��lect the basic objecti�es of the shari‘a (maqasid al-shari‘a) but are unsustainable under the conditions pre�ailin� � in Muslim societies toda��. I be��in b� � examinin� � constructions of ��ender ri��hts in Islamic le��al thou��ht, with a �iew to identif��in� � both the le��al theories and the cultural assumptions that inform them, and I conclude b� � explorin� � the kinds of strate��ies for reform that are now needed both to reflect the spirit of the shari‘a and to embody the principle of justice for women. I ask the followin� � questions: if justice and fairness are indisputable objecti�es of the shari‘a, should they not be reflected in laws regulating relations between, and the respecti�e ri��hts of, men and women? Can there be an equal construction of ��ender ri��hts in Islamic law? If so, what are the strate��ies needed to achie�e it? Three preliminar� � notes are necessar��: First, throu��hout the paper I distin��uish between shari‘a and the science of fiqh.3 The shari‘a is, on the one hand, the totalit� � of God’s law as re�ealed to the Prophet Mohammad; on the other, “in its popular usa��e i