Transnational Muslim Feminist Approaches to Reimagining Family Law and Ethics for Social Justice

A crucial aspect that can enhance the quality of life for Muslim women, men, and children involves the reform or reimagining of Islamic family law and ethical values within families. Islamic Studies Scholar Juliane Hammer emphasizes that progress hinges on convincing enough community members of the authenticity and significance of discourses.[1] While her statement is rooted in the American Muslim context, the need for consensus extends beyond any single setting, crucial for the success of feminists. Interdisciplinary approaches within academia provide the intellectual framework to address social justice and gender equality effectively, encompassing deliberations on the common good and justice grounded not only in an Islamic framework but also in scientific advancements. This paper focuses on transnational feminist activism in Muslim family law and familial ethics in the twenty-first century. Building trust in family law reformation benefits both families and society. Women’s initiatives like organizing women's Friday sermon speeches,[2] Islamic feminist theorizing, rooted in Islamic tradition promote care while balancing roles and responsibilities in the family amid societal changes. Notable Islamic feminists including Sa'diyya Shaikh, Amira Abou-Taleb, Nevin Reda,[3] and Roshan Iqbal[4] have explored gender norms and laws in the family. Their insights, that can lead to a new consensus for social justice, will be synthesized and presented in this research paper.

[1] Juliane Hammer, American Muslim Women, Religious Authority, and Activism: More Than A Prayer, Louann Atkins Temple Women & Culture Series ; (Austin: University of Texas Press, 2012), 207.

[2] Sa’diyya Shaikh and Fatima Seedat, eds., The Women’s Khutbah Book: Contemporary Sermons on Spirituality and Justice from around the World (Yale University Press, 2022).

[3] Ziba Mir-Hosseini et al., Justice and Beauty in Muslim Marriage: Towards Egalitarian Ethics and Laws (London: Oneworld Academic, 2022).

[4] Roshan Iqbal, Marital and Sexual Ethics in Islamic Law: (London: Lexington Books, 2023).