Advancing the Legal Status of Women in Islamic Law

Book excerpt: Mona Samadi examines the sources of gender differences within the Islamic legal tradition and describes how Islamic law entitles individuals to justice according to their status, abilities and potential. In the case of men and women's capabilities, the underlying principle is that they are entitled to the same rights, as long as their capabilities are the same. In the legal construction of women's status, women have been prescribed lacking the same abilities and capabilities as men. As such, their status and rights differ, justifying men to be the maintainers of women. By presenting the historical development of women's status and how women's legal status is debated in contemporary Muslim societies, Mona Samadi convincingly provides various methods for facilitating change within the Islamic legal theory framework.