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Muslim feminists’ reading of the Qur’an: a juristic analysis on family law issues

Haneef, Sayed Sikandar Shah and Mohd Yunus, Saidatolakma and Ali, Mohammed Farid (2018) Muslim feminists’ reading of the Qur’an: a juristic analysis on family law issues. MAZAHIB: Jurnal Pemikiran Hukum Islam, 17 (1). pp. 1-22. ISSN 1829-9067 E-ISSN 2460-6588 (In Press)

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Abstract

Muslim feminist movement represents an indigenous voice among the contemporary literature on women and family. Its main contention is that women in Muslim society are accorded less favourable treatment especially in terms of legal rights. To remedy the situation, feminist scholarship’s main argument is that there is a need for feminist-reading of the sacred texts so as to purge the juristic legacy of male-biased views and achieve justice and equality for Muslim women in contemporary families. One principal methodological framework for this idea to materialise is to embark on the re-reading of the Qur’an from the women`s perspective. In this context, this paper presents issue-based analysis of Amina Wadud’s reading of the relevant Qur’anic passages on family law matters and finds that in spite of its merits, its main handicap lies on its methodological flaws, both in terms of approach and outcome. Methodologically, it is regarded as selective and ultra-vires of Islamic methodology of legal reform. It terms of impact, it is suspected as being tainted with Western inspired assumptions of rights in terms of justice and equality between the genders. To overcome this impasse, the paper argues for a mediated holistic approach to harmonise relations between men and women in the family.

Item Type: Article (Journal)
Additional Information: 3049/64817
Uncontrolled Keywords: Family law, gender equality, justice, Muslim feminist.
Subjects: K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP173.25 Islamic law and other disciplines or subjects
K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP470 Law reform. Criticism. Tanzim
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User: Prof. Sayed Sikandar Shah Haneef
Date Deposited: 30 Jul 2018 09:09
Last Modified: 30 Jul 2018 09:09
URI: http://irep.iium.edu.my/id/eprint/64817

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