Description
Book SynopsisMona Samadi examines the sources of gender differences within the Islamic legal tradition and describes how Islamic law entitles individuals to justice according to their status, abilities and potential. In the case of men and women's capabilities, the underlying principle is that they are entitled to the same rights, as long as their capabilities are the same. In the legal construction of women's status, women have been prescribed lacking the same abilities and capabilities as men. As such, their status and rights differ, justifying men to be the maintainers of women. By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.
Table of ContentsAcknowledgments Glossary 1 The Legal Status of Women: An Introduction 1 Historical Aspects 2 Islamic Law and the State 3 Justice and Gender Equality 4 Crucial Developments of Law 5 Outline 2 Foundations of Islamic Law 1 Immutable Law? 1.1 Sharia 1.2 Fiqh and Usul al-fiqh 2 Sources of Islamic Law 2.1 The Quran 2.1.1 Authoritative Interpretations 2.1.2 Dealing with Contradictions 2.2 Sunnah 2.2.1 Hadith Compilations 2.2.2 Validity of Hadiths 2.3 Ijma 2.4 Legal Reasoning 2.4.1 Ijtihad 2.4.2 Other Forms of Legal Reasoning 3 Who Has the Right to Interpret the Law? 3 Women and Islam 1 The Pre-Islamic Status of Women According to Muslim Sources 1.1 The Pre-Islamic Status of Women According to Historical Sources 2 The Wives of Muhammad 2.1 Khadija 2.2 Aisha 3 The Influence of Islam on Women 3.1 The Ethical Voice 3.2 Marriage 3.2.1 Temporary Marriages 3.2.2 Polygyny 3.3 Sexual Relations 3.4 Fornication and Adultery 3.5 Testimony 3.6 Compensation for Death 3.7 Inheritance 3.8 Divorce 3.9 Political Positions 3.10 Veiling 3.11 The Consequences of the Death of the Prophet on the Status of Women 4 Guardianship of Women 1 Guardianship of Minors 2 Legally Incompetent but Financially Independent 2.1 Men Are the Managers of Women 2.1.1 Marriage Based on Cooperation or Supervision? 2.2 Correcting Women 3 The Marriage Contract 3.1 The Guardians Right to Conclude the Marriage Contract 3.2 Mahr 3.3 The Analogy to a Sales Contract 5 Advancing the Legal Status of Women in Islamic law 1 Gradual Changes 2 Could the Abolition of Slavery Be a Model for Advancing the Rights of Women? 2.1 The Status of Slaves 2.2 Female Slaves 2.3 Abolishing Slavery 2.3.1 Egypt 2.3.2 India 2.3.3 Persia 2.4 Is There an Ijma on Slavery? 3 Does the Principle of Justice Include Female Autonomy? 3.1 The Concept of Justice 3.2 An Unjust God? 4 Political Reform 4.1 State Law 6 Concluding Remarks Bibliography Index
