Marriage in Islamic Interpretive Tradition: Revisiting the Legal and the Ethical

Research output: Contribution to journalArticleScientificpeer-review

Abstract

This paper tackles the vexed relationship between the ethical and the legal in the patriarchal construction of marriage and spousal rights in Islamic interpretive tradition and its modern manifestations (i.e. contemporary Muslim family laws and conservative religious discourses). I approach the issue from two angles. First, I examine the work of selected Muslim women scholars from different countries, who since the late 1980s and early 1990s have been engaging critically with Islamic interpretive tradition, to unpack and critique patriarchal interpretations and rulings on marriage and divorce rights, and provide alternative egalitarian readings that are grounded in Qurʾānic ethics. Second, I shed light on how this patriarchal construction of marriage and gender rights impacts the lived realities of ordinary Muslim women and men. I focus on two national contexts: Egypt and Finland. I show-through analysis of courtroom practices in family disputes, marriage practices, and ordinary women’s understandings of the sacred text-that the exegetical and juristic construction of spousal roles and rights is increasingly unsustainable in the lived realities of many Muslims as well as becoming a source of tension on an ethico-religious level.
Original languageEnglish
JournalJournal of Islamic Ethics
Volume2
Issue number1-2
Pages (from-to)76-96
Number of pages21
DOIs
Publication statusPublished - Nov 2018
MoE publication typeA1 Journal article-refereed

Fields of Science

  • 614 Theology

Cite this

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title = "Marriage in Islamic Interpretive Tradition: Revisiting the Legal and the Ethical",
abstract = "This paper tackles the vexed relationship between the ethical and the legal in the patriarchal construction of marriage and spousal rights in Islamic interpretive tradition and its modern manifestations (i.e. contemporary Muslim family laws and conservative religious discourses). I approach the issue from two angles. First, I examine the work of selected Muslim women scholars from different countries, who since the late 1980s and early 1990s have been engaging critically with Islamic interpretive tradition, to unpack and critique patriarchal interpretations and rulings on marriage and divorce rights, and provide alternative egalitarian readings that are grounded in Qurʾānic ethics. Second, I shed light on how this patriarchal construction of marriage and gender rights impacts the lived realities of ordinary Muslim women and men. I focus on two national contexts: Egypt and Finland. I show-through analysis of courtroom practices in family disputes, marriage practices, and ordinary women’s understandings of the sacred text-that the exegetical and juristic construction of spousal roles and rights is increasingly unsustainable in the lived realities of many Muslims as well as becoming a source of tension on an ethico-religious level.",
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Marriage in Islamic Interpretive Tradition : Revisiting the Legal and the Ethical. / Al-Sharmani, Mulki Mohamed.

In: Journal of Islamic Ethics, Vol. 2, No. 1-2, 11.2018, p. 76-96.

Research output: Contribution to journalArticleScientificpeer-review

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AB - This paper tackles the vexed relationship between the ethical and the legal in the patriarchal construction of marriage and spousal rights in Islamic interpretive tradition and its modern manifestations (i.e. contemporary Muslim family laws and conservative religious discourses). I approach the issue from two angles. First, I examine the work of selected Muslim women scholars from different countries, who since the late 1980s and early 1990s have been engaging critically with Islamic interpretive tradition, to unpack and critique patriarchal interpretations and rulings on marriage and divorce rights, and provide alternative egalitarian readings that are grounded in Qurʾānic ethics. Second, I shed light on how this patriarchal construction of marriage and gender rights impacts the lived realities of ordinary Muslim women and men. I focus on two national contexts: Egypt and Finland. I show-through analysis of courtroom practices in family disputes, marriage practices, and ordinary women’s understandings of the sacred text-that the exegetical and juristic construction of spousal roles and rights is increasingly unsustainable in the lived realities of many Muslims as well as becoming a source of tension on an ethico-religious level.

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