Elucidation of Women’s Rights in Islamic Jurisprudence and Its Challenges in the Modern Era

Abstract

Women’s rights in Islamic jurisprudence constitute a multilayered and dynamic subject rooted in the primary sources of Islam, namely the Holy Qur’an and the Prophetic tradition, while simultaneously interacting with contemporary social, cultural, and political transformations. This article provides an in-depth and comprehensive examination of the legal framework of women’s rights in Islamic jurisprudence and analyzes its various dimensions, including personal rights (such as marriage and divorce), social rights (such as education and civic participation), economic rights (such as inheritance and property), and political rights (such as participation in major decision-making processes). Considering the challenges arising from globalization, feminist movements, legal reforms in Islamic countries, and the effects of incorrect cultural practices, this study seeks to identify obstacles to the full realization of women’s rights within the jurisprudential framework and to propose strategies for harmonizing the eternal principles of Islam with the evolving needs of modern society. The research method of this study is qualitative, based on the analysis of Islamic primary sources (Qur’an and Hadith), classical jurisprudential texts from various schools (Hanafi, Maliki, Shafi‘i, Hanbali, and Ja‘fari), works of contemporary scholars, and case studies in Islamic countries. This study also addresses misconceptions and cultural distortions imposed on women’s rights in the name of Islam and emphasizes the necessity of dynamic ijtihad (jurisprudential reasoning), public education, and intercultural dialogue. The findings of this study reveal that Islamic jurisprudence, grounded in the principles of justice and human dignity, possesses significant capacity to guarantee women’s rights in the modern era. However, achieving this requires context-sensitive reinterpretations, the correction of improper practices, and the strengthening of public awareness. The ultimate aim of this article is to present a balanced perspective that, while preserving the authenticity of Islamic jurisprudence, also responds to contemporary challenges and contributes to the global discourse on human rights.