Justice Through Equality

I am a free-lance academic, passionately involved in debates on gender equality in law. As a feminist, I expose and criticize the injustices that these laws continue to inflict on women in some Muslim contexts. As a Muslim, I approach these injustices by stressing one crucial element in the tradition of Muslim legal thought: the distinction between Shari‘a (the ‘path’, found in the Qur’an and the Prophet’s practice) and fiqh (‘understanding’, the jurists’s efforts to deduce laws from these textual sources); this distinction enables us to see patriarchal laws not as ‘divine Shari‘a’, but as outdated human fiqh. My aim is to bring Islamic and human rights frameworks together in order to lay the basis for an egalitarian Muslim family law.