The model of marriage constructed in classical Islamic jurisprudence rests on patriarchal ethics that privilege men. This worldview persists in gender norms and family laws in many Muslim contexts, despite reforms introduced over the past few decades. In this volume, a diverse group of scholars explore how egalitarian marital relations can be supported from within Islamic tradition. Brought together by the Musawah movement for equality and justice in the Muslim family, they examine ethics and laws related to marriage and gender relations from the perspective of the Qur’an, Sunna, Muslim legal tradition, historical practices and contemporary law reform processes. Collectively they conceptualize how Muslim marriages can be grounded in equality, mutual well-being and the core Qur’anic principles of ‘adl (justice) and ihsan (goodness and beauty).

Since the 1980s, Muslim women reformers have made great strides in critiquing and reinterpreting the Islamic tradition. Yet these achievements have not produced a significant shift in the lived experience of Islam, particularly with respect to equality and justice in Muslim families. A new approach is needed: one that examines the underlying instruments of tradition and explores avenues for effecting change. In Islamic Interpretive Tradition and Gender Justice leading intellectuals and emerging researchers grapple with the problem of entrenched positions within Islam that affect women, investigating the processes by which interpretations become authoritative, the theoretical foundations upon which they stand, and the ways they have been used to inscribe and enforce gender limitations. Together, they argue that the Islamic interpretive tradition displays all the trappings of canonical texts, canonical figures, and canon law – despite the fact that Islam does not ordain religious authorities who could sanction processes of canonization. Through this lens, the essays in this collection offer insights into key issues in Islamic feminist scholarship, ranging from interreligious love, child marriage, polygamy, and divorce to stoning, segregation, seclusion, and gender hierarchies. Rooting their analysis in the primary texts and historical literature of Islam, contributors to Islamic Interpretive Tradition and Gender Justice contest oppressive interpretative canons, subvert classical methodologies, and provide new directions in the ongoing project of revitalizing Islamic exegesis and its ethical and legal implications.

Does Islamic law define Islamic ethics? Or is the law a branch of a broader ethical system? Or is it but one of several independent moral discourses, Islamic and otherwise, competing for Muslims’ allegiance? The essays in this book present a range of answers: some take fiqh as the defining framework for ethics, others insert the law into a broader ethical system, and others present it as just one among several parallel Islamic ethical discourses, or show how Islamic ethics might coexist with non-Muslim normative systems. Their answers have far reaching implications for epistemology, for the authority of jurists and lay Muslims, for the practical moral challenges of daily life, and for relationships with non-Muslims. The book presents Muslim ethicists with a strategic contemporary choice: should they pursue a single overarching methodology for judging all ethical questions, or should they relish the rhetorical and political competition of alternative but not necessarily incompatible moral discourses?

Intro -- Titlepage -- Copyright -- Contents -- Acknowledgments -- Notes on Translation and Terms -- Introduction Interfaith Dialogue: Walking Together Toward Truth -- PART I MEETING GOD IN MUSLIMS -- 1 Mary, Mercy, and Basketball -- 2 What We Fear, and Who Gets Hurt -- PART II ENCOUNTERING GOD IN ISLAM -- 3 God Is Greater -- 4 The Width of a Hair -- PART III REEMBRACING GOD IN CHRISTIANITY -- 5 Arriving Where We Started -- 6 The Dialogue of Life -- Appendices -- A Discussion Questions -- B Guidelines for Dialogue with Muslims -- C A Joint Prayer for Christians and Muslims -- D Resources for Further Study -- E Glossary -- F Pronunciations and Definitions of Select Given Names -- Notes

With the resurgence of Islam as a social and political force, debates over family law reveal the struggle between the forces of traditionalism and modernism. The disparate tendencies within so-called Islamic fundamentalism have in commmon the desire to re-institute Shari'a law, which they regard as the last bastion of the Islamic ideal of social relations. Yet very little is known of the ways in which the Shari'a actually operates in today's Muslim societies. Mir-Hosseini focuses on the dynamics of marriage and its breakdown, as well as the way in which litigants manipulate the law in order to resolve marital disputes and child custody cases. Taking an inter-disciplinaryand approach which straddles law, anthropology, sociology and women's studies, Mir-Hosseini shows how women may turn even the most patriarchal elements of Islamic law to their advantage and achieve their personal marital aims.

If justice is an intrinsic value in Islam, why have women been treated as second-class citizens in Islamic legal tradition? Today, the idea of gender equality, inherent to contemporary conceptions of justice, presents a challenge to established, patriarchal interpretations of Shari‘a. In thought-provoking discussions with six influential Muslim intellectuals – Abdullahi An-Na’im, Amina Wadud, Asma Lamrabet, Khaled Abou El Fadl, Mohsen Kadivar and Sedigheh Vasmaghi – Ziba Mir-Hosseini explores how egalitarian gender laws might be constructed from within the Islamic legal framework.