The Impact of Modernity on Gender Equality in Light of Islamic Legal Rulings: A Comparative Jurisprudential Study

Author

Al Azhar university

Abstract

This study explores the influence of modernity on Islamic thought in matters of gender equality, clarifying the position of the Sharīʿa in accepting developments consistent with its foundational principles and rejecting those that contradict them. It emphasizes the importance of maintaining balance between spouses while respecting inherent, divinely created differences in order to secure justice and stability within the family structure.
The objective of the research is to demonstrate the perfection and adaptability of Islamic law in addressing contemporary developments. It examines the concept of modernity and gender equality through a Sharīʿa-based lens and investigates how modernity has affected specific legal issues such as polygamy, a Muslim woman's marriage to a non-Muslim man, divorce, the ijāb, and the role of contemporary fiqh councils in reinforcing values of equity within the framework of Islamic law.
The study adopts an inductive-analytical approach, applying the methodology of comparative jurisprudence. Particular attention is given to defining the scope of scholarly disagreement, identifying the reasons for divergence, presenting the relevant evidences and arguments where possible, and determining the strongest view with supporting proof. All cited positions are rigorously sourced from their classical references.
Among its principal findings is that the Sharīʿa is a comprehensive system grounded in justice, mercy, and universality, capable of addressing the challenges of human life across all domains. It affirms the middle path of Islam, which honors human nature in both men and women, and establishes their relationship on a basis of mutual complementarity rather than opposition.
The study recommends fostering dialogue between Islamic values and the demands of modernity through further jurisprudential research focused on contemporary questions related to women. It stresses the need to respond with scholarly precision to claims that Islamic law is biased against women, and to protect society from misconceptions that undermine confidence in the equity and moral coherence of the Sharīʿa.

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