Beyond the Binary

Gender and Legal Personhood in Islamic Law

Saadia Yacoob

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English

University of California Press
24 July 2024

Middle Eastern history; Islam; Gender & the law; Constitutional & administrative law

A free ebook version of this title is available through Luminos, University of California Press's Open Access publishing program. Visit www.luminosoa.org to learn more.

One of the most hotly debated issues in contemporary Muslim ethics is the status of women in Islamic law. Whereas Muslim conservatives argue that gender-differentiated legal rulings reflect complementary gender roles, Muslim feminists argue that Islamic law has subordinated women and is thus in need of reform. The shared assumption on both sides, however, is that gender fundamentally shapes an individual's legal status. Beyond the Binary explores an expansive cross section of topics in ninth- to twelfth-century Hanafi legal thought, ranging from sexual crimes to consent to marriage, to show that early Muslim jurists imagined a world built not on a binary distinction between male and female but on multiple intersecting hierarchies of gender, age, enslavement, lineage, class, and other social roles. Saadia Yacoob offers a restorative reading of Islamic law, arguing that its intersectional and relational understanding of legal personhood offers a productive space for Muslim feminists to move beyond critique and instead think with and through the Islamic legal tradition.

By: Saadia Yacoob
Imprint: University of California Press
Country of Publication: United States
Dimensions: Height: 229mm, Width: 152mm, Spine: 10mm
Weight: 272g
ISBN: 9780520393806
ISBN 10: 0520393805
Pages: 178
Publication Date: 24 July 2024
Audience: College/higher education , Further / Higher Education
Format: Paperback
Publisher's Status: Active

Saadia Yacoob is Assistant Professor of Religion at Williams College.