Feminist Legal Theory within Islamic/Muslim Context: Birth, Development and Trends

Abstract

Feminism is a complex and fluid field of study, characterized with plurality, multiplicity, differences and intersectionality. Feminist engagement with religious studies, projects, hermeneutics and movements duels on the assumption that religious prescriptions, interpretations and precepts are patriarchal and detrimental to women’s course and gender equality. Hence, feminists are utilizing both conventional and religious laws, to achieve feminist goals. Today, feminists are haggling to achieve feminist goals of equality in all spheres of life, by finding legality within Islamic legal epistemology. Thus, feminist legal theory in Islamic/Muslim context has emerged as a critical approach to Islamic legal systems that examines how classical interpretations produce and reproduce gender inequality. In essence, feminism in the Islamic context is a theory, ideology, movement and social project. Leading to the perception that feminism is a Western ruse and incompatible with Islam. This paper, therefore, seeks to examine how feminist legal theory emerged, evolved, and manifested in trends within Islamic/Muslim Context, and their central themes and implications. This paper will serve to acquaint readers with feminist legal theory and to introduce readers to more in-depth varieties of feminism generally and in Muslim context in particular. The approach is basically doctrinal with deductive reasoning and descriptive analysis.