Contesting Justice

Contesting Justice examines the development of the laws and practices governing the status of women in Muslim society, particularly in terms of marriage, polygamy, inheritance, and property rights. Ahmed E. Souaiaia argues that such laws were not methodically derived from legal sources but rather are the preserved understanding and practices of the early ruling elite. Based on his quantitative, linguistic, and normative analyses of Quranic texts and contrary to the established practice...
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Contesting Justice examines the development of the laws and practices governing the status of women in Muslim society, particularly in terms of marriage, polygamy, inheritance, and property rights. Ahmed E. Souaiaia argues that such laws were not methodically derived from legal sources but rather are the preserved understanding and practices of the early ruling elite. Based on his quantitative, linguistic, and normative analyses of Quranic texts and contrary to the established practice the author shows that these texts sanction only monogamous marriages, guarantee only female heirs shares, and do not prescribe an inheritance principle that awards males twice the shares of females. He critically explores the way religion is developed and then is transformed into a social control mechanism that transcends legal reform, gender-sensitive education, or radical modernization. To ameliorate the legal, political, and economic status of women in the Islamic world, Souaiaia recommends the strengthening of civil society institutions that will challenge wealth-engendered majoritism, curtail society-manufactured conformity, and bridle the absolute power of the state. There are numerous books published in the U.S. about Islamic law and women in the Muslim world. Many of those books are by people with no language skills, and little familiarity with original sources. Souaiaia has deep familiarity with the original sources in Arabic and Persian. He knows his sources firsthand, and does not treat the subject superficially this book contains many important and original ideas about Islamic law and the interpretation and classification of texts. CHOICE