Subjects:

Islamic Law, Other Jurisdictions , Middle East

Contents:

Illustrations Preface Acknowledgments Introduction 1. Legal Absolutism and Ethical Relativism

To Know or Not to Know: The Basis of Acts Cognition through Models and Paradigms

2. The Domain of Ethics and the Law

Chronology of Islamic Thought

Ethics, Morality, and the Law

Determining God’

s Position

Core and Marginal Sanctions

Emotion and Law in the Qur’

anic Discourse

Threats, Incentives, and Piety

Crime and Punishment

3. Basis for the Practice of Polygamy

On the Methodological and Historical Assumptions

Methodological and Disciplinary Precedence

Polygamy in the Historical Context

The Philology of Polygamy

4. Women in Islamic Law of Inheritance

The Qur anic and Interpretive Dichotomy

The Legal and Exegetical Treatment of the Verses on Inheritance

Women, Justice, and Interpretation: The Principle of Awl

Explicitness, Consensus, and Interpretation

Shares and Heirs in the Comparative Context

Shares and Heirs per Blind Survey

Description of Data Collection

Explanation and Interpretation of Data

5. Women in Modern Times

Discussion

Linking Polygamy and Inheritance: Disadvantaging Women by the Numbers

Discussing the Status of Women

Other Contested Perspectives

Bespoke Justice versus Tyranny of Majoritism

Inclusion and Exclusion of Women

Conclusion

Appendix A

Timeline of Scholars and Major Figures

Appendix B

Glossary of Key Arabic Terms and Their Derivatives

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.