Mona Samadi examines the sources of gender differences within the Islamic tradition, with particular focus on guardianship, and describes the opportunities and challenges for advancing the legal status of women.

Islamic law has traditionally prohibited women from being prayer leaders and heads of state. A small number of Muslims today are beginning to challenge this stance, but they face considerable opposition from the broader Muslim community. ‘Women and Leadership in Islamic Law’ examines the assumption within much existing feminist scholarship that the patriarchal nature of pre-Islamic and early Muslim Near Eastern Society is the primary reason for the development of Islamic legal rulings prohibiting women from leadership positions. It claims that the evolution of Islamic law was a complex process, shaped by numerous cultural, historical, political and social factors, as well as scriptural sources whose importance cannot be dismissed. Therefore, the book critically examines a broad survey of legal works from the four canonical Sunni schools of law to determine the factors that influenced the development of the legal rulings prohibiting women from assuming various leadership roles. The passages that elaborate rulings about women’s leadership are presented in translation as an appendix to the research, and are then subjected to a variety of critical analyses to identify the reasons, influences, and assumptions underlying those rulings. This is the first time works of all four schools of law have been subjected to this kind of analysis for the express purpose of determining the extent to which gender attitudes have influenced and determined the rulings. This book will therefore be a vital resource for students and scholars of Islamic Studies, Religious Studies and Gender Studies.

Religion plays a pivotal role in the way women are treated around the world, socially and legally. This book discusses three Islamic human rights approaches: secular, non-compatible, reconciliatory (compatible), and proposes a contextual interpretive approach. It is argued that the current gender discriminatory statutory Islamic laws in Islamic jurisdictions, based on the decontextualised interpretation of the Koran, can be reformed through "Ijtihad": independent individual reasoning. It is claimed that the original intention of the Koran was to protect the rights of women and raise their status in society, not to relegate them to subordination. This Koranic intention and spirit may be recaptured through the proposed contextual interpretation which in fact means using an Islamic (or insider) strategy to achieve gender equality in Muslim states and greater compatibility with international human rights law. It discusses the negative impact of the so-called statutory Islamic laws of Pakistan on the enjoyment of women's human rights and robustly challenges their Koranic foundation. While supporting the international human rights regime, this book highlights the challenges to its universality: feminism and cultural relativism. To achieve universal application, genuine voices from different cultures and groups must be accommodated. It is argued that the women's human rights regime does not cover all issues of concern to women and has a weak implementation mechanism. The book argues for effective implementation procedures to turn women's human rights into reality.

A classic, pioneering account of the lives of women in Islamic history, republished for a new generation This pioneering study of the social and political lives of Muslim women has shaped a whole generation of scholarship. In it, Leila Ahmed explores the historical roots of contemporary debates, ambitiously surveying Islamic discourse on women from Arabia during the period in which Islam was founded to Iraq during the classical age to Egypt during the modern era. The book is now reissued as a Veritas paperback, with a new foreword by Kecia Ali situating the text in its scholarly context and explaining its enduring influence. “Ahmed’s book is a serious and independent-minded analysis of its subject, the best-informed, most sympathetic and reliable one that exists today.”—Edward W. Said “Destined to become a classic. . . . It gives [Muslim women] back our rightful place, at the center of our histories.”—Rana Kabbani, The Guardian

At a time when the situation of women in the Islamic world is of global interest, here is a study that unlocks the mystery of why women's fates vary so greatly from one country to another. Mounira M. Charrad analyzes the distinctive nature of Islamic legal codes by placing them in the larger context of state power in various societies. Charrad argues that many analysts miss what is going on in Islamic societies because they fail to recognize the logic of the kin-based model of social and political life, which she contrasts with the Western class-centered model. In a skillful synthesis, she shows how the logic of Islamic legal codes and kin-based political power affect the position of women. These provide the key to Charrad's empirical puzzle: why, after colonial rule, women in Tunisia gained broad legal rights (even in the absence of a feminist protest movement) while, despite similarities in culture and religion, women remained subordinated in post-independence Morocco and Algeria. Charrad's elegant theory, crisp writing, and solid scholarship make a unique contribution in developing a state-building paradigm to discuss women's rights. This book will interest readers in the fields of sociology, politics, law, women's studies, postcolonial studies, Middle Eastern studies, Middle Eastern history, French history, and Maghrib studies.