This document discusses the debate around women's rights and roles in Islamic law among Muslim reformist thinkers from the late 19th/early 20th century to present. It outlines the arguments of several prominent Muslim feminists including Qasim Amin, Malak Hifni Nasif, Fatima Mernissi, and Amina Wadud, who advocated for women's rights and equality based on close textual analysis of the Quran and rejection of certain hadith and traditional exegesis. These thinkers argued for women's education, rights within marriage like divorce, and against practices like polygamy and interpretations used to justify male guardianship and domestic abuse.

1. Islamic Law, Women, and
Reform

2. An overview
moderate and puritanical arguments on
this issue? Guess!
Again, hadith citation vs. reasoning
according to the sources of the law
moderates compared with secular
humanist feminists
a century of Muslim thinkers advocating
women’s rights
the debate today

3. Qasim Amin (d. 1908)
friend of Afghani and
Abduh, author of The
Liberation of Woman
and The New Woman
shari’a favors justice,
equality; women’s
rights not Western
education of women
advances the nation
divorce and polygamy

4. Malak Hifni Nasif (d. 1918)
the importance of
education for women
the historical
presence of women
scholars
The danger of
Westernization
The importance of
meeting one’s
husband before
marriage

5. Fatima Mernissi (b. 1940)
close reading of the
hadith against women
Abu Hurayra vs.
A’isha
Cultural context of
the time of the
prophet shaped the
hadith
Essential equality of
women in Islam

6. Amina Wadud (b. 1952)
Close reading of the
Qur’an on women
Rejection of tafsir
literature
Context determines
meaning of text
Q2:228, men have a
daraja above women
-> context of divorce
Q4:34, narrowly read

7. Q2:228 (Wadud)
Women who are divorced shall wait, keeping
themselves apart, three (monthly) courses.
And it is not lawful for them that they conceal
that which God has created in their wombs if
they believe in God and the Last Day. And
their husbands would do better to take them
back in that case if they desire a reconciliation.
And [(the rights)] due to the women are similar
to (the rights) against them, (or responsibilities
they owe) with regard to] the ma’ruf, and men
have a degree [daraja] above them (feminine
plural). God is Mighty, Wise.

8. Q4:34 (Yusuf ‘Ali)
“Men are in charge of women, because Allah hath
made the one of them to excel the other, and
because they spend of their property (for the
support of women). So good women are the
obedient, guarding in secret that which Allah hath
guarded. As for those from whom ye fear rebellion,
admonish them and banish them to beds apart, and
scourge them. Then if they obey you, seek not a way
against them. Lo! Allah is ever High, Exalted,
Great.”

9. Q4:34 (Wadud)
Men are [qawwamuna ‘ala] women [on the
basis] of what God has [preferred] (faddala)
some of them over others, and [on the
basis] of what they spend of their property
(for the support of women). So good
women are [qanitat], guarding in secret
that which God has guarded. As for those
from whom you fear [nushuz], admonish
them, banish them to beds apart, and
scourge them. Then, if they obey you, seek
not a way against them.

10. Q4:34 (Wadud)
Men are [qawwamuna ‘ala] women [on the
basis] of what God has [preferred] (faddala)
some of them over others, and [on the
basis] of what they spend of their property
(for the support of women). So good
women are [qanitat], guarding in secret
that which God has guarded. As for those
from whom you fear [nushuz], admonish
them, banish them to beds apart, and
scourge them. Then, if they obey you, seek
not a way against them.