Two Women, One Man: Knowledge, Power, and Gender in Medieval Sunni Legal Thought

Abstract

Many Muslim feminists have argued that at the core of Islam lies a gender-neutral belief system that has been obscured by a centuries-long tradition of male-dominated interpretation. Although this gender-neutral system of belief had been almost entirely suppressed by the ruling Islamic discourses, according to Leila Ahmed, marginalized discourses such as Sufism and the antinomian Carmathians were able to preserve Islam's message of the ethical equality of men and women. Amina Wadud-Muhsin argues that the traditional verse-by-verse method of Qurʾanic exegesis, along with its domination by male practitioners, marginalized female experiences in understanding revelation. In her view, these two factors ultimately led to the suppression of the Qurʾan's message of gender equality. Fatima Mernissi, in The Veil and the Male Elite, instead argues that the religious scholars of Islam, because of their fear of subjectivity, were content with a purely empirical science of religion—a methodology that left the door wide open to the manipulation of revelation through interpretation. Unlike Ahmed, however, she recognizes that even within the dominant discourse of the Sunni scholars, not all spoke of women in the same monotonously misogynistic voice.

Using the Qur’ān to Empower Arab Women? Theory and Experimental Evidence From Egypt

“…For instance, the historian David Landes (1999, p. 411) declared that Muslim society "accords women an inferior place, and this is clearly related to attitudes cultivated in Islam and especially in the Islam of the Arab world." Most interpretations of Islamic jurisprudence, for example, allocate to women only half of the inheritance shares of similarly situated men (Kabeer, 1999), and in courts of law, the testimony of a woman is weighted less than that of a man (Fadel, 1997). An oft-cited scriptural illustration of Islam's allegedly inherent patriarchy is verse 34 of chapter 4-titled al-Nisā⁾ (The Women)-which ostensibly declares men to be superior to women and which is even interpreted by some to give husbands the right to apply corporal punishment to unruly wives.…”

Women’s employment, religion and multiculturalism: Socio-demographic emphasis

“…Explanations refer to environmental circumstances and historical understanding (Ferdows 1983;Ghallab 1984;Ahmed 1992); the separation of religious teaching from local and social customs and traditions (Weeks 1988;Carens and Williams 1996;Esposito 1998); different interpretations and misunderstanding of true religion by the advocates and their religious authorities (Shariati 1971;Obermeyer 1992;Fadel 1997;Saeed 2003;Roy 2004) and lower social and economic development (Lucas 1980;Chamie 1981;Ahmad and Omran and Roudi 1993;Morgan et al 2002;Jones 2005). In sum, using such explanations, it is believed that 'Islam itself does not impose any particular restrictions on labour force activity by women' (Weeks 1988: 26).…”

Ambiguity and Conflict in the Implementation of Evidence Law in Criminal Matters: a Study of the United Arab Emirates Jurisprudence

“…The USC approach in this regard is not without foundation in the Islamic law, as some modern jurists, albeit a small number, accept the testimony of women whether in hudud, qisas, or tazir situations (Shultoot 1991). As Ibn al Qayyim noted Bjudges should be allowed to rule based on the testimony of men or women, as long as that evidence was likely to be true ( Fadel 1997).…”