Comments on “Progressive Muslims and Islamic Jurisprudence," by Kecia Ali
Abstract
This is a review of Kecia Ali’s book chapter “Progressive Muslims and Islamic Jurisprudence.” Ali argues for a need to reform Islamic family law, such that it is representative of the contemporary context. Her argument is based on her research on Islamic family law in Islamic jurisprudence manuals in which she found a significant influence of gender norms in the formative period of Islam (until the third century AH) in shaping its content. She concludes by highlighting that as the gender norms in the formative period influenced Islamic family law, we need to reform Islamic family law for it to reflect contemporary gender norms. This write-up explores Ali’s argument and methodology and situates her argument within other scholarship on rethinking Islamic family law. It concludes by providing an evaluation of Ali’s argument.
References
Ahmed, Leila. Women and Gender in Islam: Historical Roots of a Modern Debate. New Haven: Yale University Press, 1992.
Ali, Kecia. “Progressive Muslims and Islamic Jurisprudence: The Necessity for Critical Engagement with Marriage and Divorce Laws.” In Progressive Muslims: On Justice, Gender and Pluralism, edited by Omid Safi, 163-90. Oxford: Oneworld Publications, 2008.
Ali, Kecia. Marriage and Slavery in Early Islam. Cambridge, MA: Harvard University Press, 2010.
Coulson, Noel James. A History of Islamic Law. Edinburgh: Edinburgh University Press, 1964.
Hallaq, Wael B. A History of Islamic Legal Theories. Cambridge: Cambridge University Press, 1997.
Layish, Aharon. “The Contribution of the Modernists to the Secularization of Islamic Law.” Middle Eastern Studies 14, no. 3 (1978): 263-77.
Safi, Omid. Introduction to Progressive Muslims: On Justice, Gender and Pluralism, edited by Omid Safi. Oxford: Oneworld Publications, 2008.
Siddiqui, Mona. “Mahr: Legal Obligation or Rightful Demand?” Journal of Islamic Studies 6, no. 1 (1995): 14-24.
Taha, Mahmoud Mohamad. The Second Message of Islam. Translated by Abdullahi Ahmed An-Na’im. New York: Syracuse University Press, 1987.
Welchman, Lynn. Women and Muslim Family Laws in Arab States: A Comparative View of Textual Development and Advocacy. Amsterdam: Amsterdam University Press, 2007.
Publication of material in the journal means that the author assigns copyright to Islamic Studies including the rights to electronic publishing. This is, inter alia, to ensure the efficient handling of requests from third parties to reproduce articles as well as to enable wide dissemination of the published material. Authors may, however, use their material in other publications acknowledging Islamic Studies as the original place of publication. Requests by third parties for permission to reprint should be addressed to the Editor, Islamic Studies.