Re-Interpretation (Ijtihad) and Legal Reforms in Muslim Family Law: A Study on the Phenomenon of Feminism in Islam

Abstract

A Muslim Woman thinks her birth, position in society and status are all ordained by God. The Quran, she believes, has specified her conduct from birth to death. But practice differs from the precept. The experiences of the women in Afghanistan under the Taliban regime proves that Islam has been utilized by groups to further aggravate the position of women and secure a male-dominated society. There is a pressing need to look at the stories and realities of the status of women and this study is an attempt to focus on issues that cut across cultural and national boundaries - issues challenging the traditional societies of the Muslim world. The increasing disparity between the roles women take in the public and the private sphere and the impact of Western values and institutions ·Muslim communities led to the emergence of advocacies which reflect similarities with the feminist movements of the West but which express an indigenous form. lt retains the supremacy of Islamic sources as means of re-asserting the high status granted by Islam to women. As most of the Muslim countries undergo democratization, the legal system also served as a direct mechanism of improving the position of Muslim women through enactment of reforms. Where feminist and egalitarian pressures organized into movements or parties have originated from women, the ensuing reforms and policy changes appear to be more enduring. Government policies and liberalized, egalitarian laws are necessary before Muslim women can begin to act effectively in the public arena and be granted the freedom of choice in basic family issues. Significantly, this is a study of a society misunderstood and prejudged based on the Western standards. What follows is directed at emphasizing the desire of such cultural and social communities to adapt to changes in the modern world in the context of their own. What is required is greater understanding, less prejudice and respect to the desires of these movements to empower Muslim women based on the principles of Islam.