David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
All praise is due to Allah, the Creator of the Universe. The supremacy of His laws is unequivocally affirmed because they are imbued with eternal justice and perfection. Despite the perfection in these laws, there are several protests from some western scholars and orientalists against its efficacy and certain Muslims are of similar attitudes. One area that is a subject of attack is the area of the Status of Women in Islam. With particular reference to inheritance, it is widely believed that the Islamic law of inheritance is unjust to women. In fact, some have described Islam as a misogynist religion. A western scholar puts the injustice of Shariah against women thus: "While both a male and female ascendants and descendants can inherit, a woman has half the share of a man... This means that the more female kin a woman has, the less she and they inherit. Also, a woman who is permanently divorced from her husband has no claim to inheritance. Once again, the woman is apparently disfavored, regardless of marital status in this case" A critical look at the Islamic law of succession reveals that such position must have been held at least per incuriam. This is so because Islamic legal system is so a sophisticated to the extent that if one is not an expert in any of its branches or sub-branches, one cannot make any meaningful contribution to it. Hence, it may not be surprising that those who are making these propositions of inequality of Shariah in the treatment of women are making wrong conclusions because they are not Islamic jurists. This work will show how Islamic law has treated women and how it has given protection to them more than any other legal system of the world be it indigenous, Jewish or Roman.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Mona Siddiqui (2012). The Good Muslim: Reflections on Classical Islamic Law and Theology. Cambridge University Press.
Nadia Abu-Zahra (2000). Islamic History, Islamic Identity and the Reform of Islamic Law: The Thought of Husayn Ahmad Amin. In Ronald L. Nettler, Mohamed Mahmoud & John Cooper (eds.), Islam and Modernity: Muslim Intellectuals Respond. I. B. Tauris.
Muhammad Tahirulqadri (1995). Islamic Penal System & Philosophy. Minhaj-Ul-Qur'an Publications.
Ashk Dahlén (2003). Islamic Law, Epistemology and Modernity: Legal Philosophy in Contemporary Iran. Routledge.
Masʻūd Maʻṣūmī (2001). Code of Ethics for Muslim Men and Women: According to the Fatāwā of Eight Marja' Taqlīd of the Shī'a World. Ansariyan Publications.
Sohail H. Hashmi (2010). The Rights of Muslim Women: A Comment on Irene Oh's the Rights of God. [REVIEW] Journal of Religious Ethics 38 (3):588-593.
A. Kevin Reinhart (1983). Islamic Law as Islamic Ethics. Journal of Religious Ethics 11 (2):186 - 203.
Bruce B. Lawrence (1994). Woman as Subject/Woman as Symbol: Islamic Fundamentalism and the Status of Women. Journal of Religious Ethics 22 (1):163 - 185.
Added to index2009-01-28
Total downloads3 ( #334,038 of 1,410,435 )
Recent downloads (6 months)0
How can I increase my downloads?