European Journal of Law Reform

Article

Women's Rights in the Islamic Perspective

Keywords Sharey'ah, Alquamah, Qur'an, Nafaqa, ma'aroofe
Authors Omar Alsunaid en Bashar Almofadda
DOI
Author's information

Omar Alsunaid
Omar Alsunaid is a Doctor of Juridical Science candidate at the Indiana University Robert H. McKinney School of Law.

Bashar Almofadda
Bashar Almofadda is an SJD candidate at the Indiana University Robert H. McKinney School of Law, United States and Lecturer at The Higher Judicial Institute Imam Mohammed Bin Saud Islamic University, Saudi Arabia.
  • Abstract

      Women in Sharey'ah play an essential role in the Muslim community. In the relationship among men and women, Sharey'ah adopted the theories of integration and justice rather than theories of competition and equality. This leads Sharey'ah to distribute human rights between men and women depending on their nature and personal need. However, many stereotypes and misapprehensions concerning women's rights in Sharey'ah have appeared owing to a lack of understanding of the objectives of Sharey'ah's rules. This article demonstrates women's rights and the Sharey'ah's objectives behind these rights, including Alquamah, political participation, marriage and inheritance. The article then goes on to explain why there is a variation between women's rights in Sharey'ah and the reality of some Muslim communities.

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