Contesting Justice: Women, Islam, Law, and SocietyContesting Justice examines the development of the laws and practices governing the status of women in Muslim society, particularly in terms of marriage, polygamy, inheritance, and property rights. Ahmed E. Souaiaia argues that such laws were not methodically derived from legal sources but rather are the preserved understanding and practices of the early ruling elite. Based on his quantitative, linguistic, and normative analyses of Quranic texts—and contrary to the established practice—the author shows that these texts sanction only monogamous marriages, guarantee only female heirs' shares, and do not prescribe an inheritance principle that awards males twice the shares of females. He critically explores the way religion is developed and then is transformed into a social control mechanism that transcends legal reform, gender-sensitive education, or radical modernization. To ameliorate the legal, political, and economic status of women in the Islamic world, Souaiaia recommends the strengthening of civil society institutions that will challenge wealth-engendered majoritism, curtail society-manufactured conformity, and bridle the absolute power of the state. |
Contents
| 1 | |
1 Legal Absolutism and Ethical Relativism | 15 |
2 The Domain of Ethics and the Law | 25 |
3 Basis for the Practice of Polygamy | 43 |
4 Women in Islamic Law of Inheritance | 59 |
5 Women in Modern Times | 87 |
Conclusion | 121 |
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Common terms and phrases
According acts Arabic argue asked authority Beirut believed brother Cairo Caliph chapter civil claim Collections concept considered consists context cultural daughter dealing deceased determined discourse early equal established ethical example explicit fact fairness female four given hand heirs historical human individuals inheritance instance Institute interpretation Islamic jurisprudence Islamic law Islamic Thought issues jurisprudence justice language legal proofs legal rulings limited living male marriage marry meaning mentioned moral mother Muhammad Muslim scholars Muslim women nature orphans participants person political polygamy position possible practice preserving principles prohibition Prophet punishment Qur’nic reason refers regarding religious rely reported result role share sisters social society specific status story suggest Sunni Tafsır tion traditions Translation understanding verse Western wife wives woman women