Justice Beyond Uniformity: Equality, Moral Order, and Feminist Readings of Islamic Family Law

Abstract

Contemporary feminist critiques of Islamic family law frequently employ the concepts of equality and justice, often if justice requires identical rights and equal treatment for men and women. This article argues that such critiques are grounded in a liberal moral framework that equates justice with sameness, while overlooking the distinct ethical foundations of Islamic law. Through an examination of the anthropological and philosophical assumptions underlying feminist critiques, the study demonstrates that Islamic family law is based on a duty-oriented moral order in which justice is understood as proportionality, moral responsibility, and the equitable distribution of rights and obligations rather than uniformity. Focusing on the institutions of marriage (nikāḥ), guardianship (wilāyah), and male responsibility (qiwāmah), the article critically evaluates feminist assessments of these concepts and argues that they often apply external normative standards without engaging the internal moral logic of Islamic jurisprudence. The study concludes that meaningful dialogue on Islamic family law requires recognising the differing conceptions of justice that inform liberal and Islamic legal traditions, rather than assuming that uniformity is the universal standard of justice.

Keywords: Islamic Family Law, Feminist Critique, Gender Justice, Qiwāmah, Islamic Jurisprudence