GENDER ROLES IN ISLAMIC JURISPRUDENCE: A COMPARATIVE ANALYSIS OF CLASSICAL FIQH TEXTS

Abstract

Introduction. This paper examines gender roles in classical Islamic jurisprudence, with a particular focus on women’s rights in marriage and inheritance as articulated in the foundational fiqh texts of Imam Shafi‘i (Al-Umm) and Imam Malik (Al-Muwatta). It explores variations in interpretation across the four major Sunni madhhabs, the influence of historical contexts on legal reasoning, and the relevance of contemporary feminist perspectives for addressing modern gender concerns. Research Methods. Using a library-based qualitative approach, this study analyzes primary classical fiqh texts alongside secondary scholarly literature on Islamic law, gender, and feminist hermeneutics. The research relies on textual sources from different Sunni legal schools to enable comparative analysis. Data Analysis. The collected texts were analyzed through qualitative textual and comparative analysis. Key themes related to women’s rights, marital authority, and inheritance were identified and compared across madhhabs, with attention to historical context and interpretive patterns. Results. The results show that classical fiqh combined legal protections for women, such as consent in marriage, mahr, and property rights, with historically conditioned patriarchal assumptions. Differences among the Sunni madhhabs demonstrate jurisprudential pluralism rather than uniformity in the treatment of gender roles. Historical factors, including pre-Islamic customs and Abbasid socio-economic developments, significantly shaped legal interpretations. Contemporary feminist hermeneutics, grounded in Qur’anic principles of justice, maqāṣid al-sharīʿa, and existing jurisprudential flexibility, offers viable pathways for promoting greater equity in family law. Conclusion. Based on the findings, this study concludes that Islamic jurisprudence contains internal resources that allow for adaptation and reform in response to contemporary gender issues. By engaging classical texts critically and contextually, it is possible to align Islamic legal tradition with evolving understandings of justice and equality while remaining faithful to its normative sources.