Abstract
The pioneering vision of the Qur’ān was grafted on a seventh-century cultural system that was shaped by a powerful triad of patriarchy, booty, and slavery, which impeded the proper understanding and application of the egalitarian principles of Islam. Early scholars projected their aspirations, conception of social order, and deep-rooted prejudices in the elaboration of an Islamic jurisprudence (Fiqh) that was rather removed from the Qur’ānic ideals, and reflected the normative values of the era. Understandably, men legislate in reference to a given social framework. The problem we face today lies in the inability and unwillingness of contemporary scholars to reflect their environments by taking into account the social changes witnessed over the last few centuries, thereby maintaining laws that have by force become obsolete.
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Notes
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An emphasis on ethnic and cultural homogeneity and a serious dislike of what might be viewed as Western liberalism and globalization.
- 2.
‘Ali Hasballah, Usoul at-Tashrī’ al-Islāmi (Idarah Al-Qur’ān, 1987), p. 85. Also cited by ‘Alī Jumua’, Taghyīr al-fatwā bi taghyīr az-zmān wa al-makān.
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In comparison, in England, this right was not granted to women until 1882.
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Mu’āwiyah ibn Abī Sufyān (602–680) was the founder of the Umayyad Dynasty after fighting with the fourth Rashidūn Caliph, ‘Ali, the Prophet’s cousin and son-in-law.
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The “ hijra ” refers to the migration or journey of the Prophet and his followers from Mecca to Yathrib, which the Prophet renamed Medina in the year 622.
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Decisions and conclusions made by erudite individuals based on independent interpretations of the original sources of the Qur’ān and the Sunnah .
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Lamrabet, A. (2018). Why Is There a Lag?. In: Women and Men in the Qur’ān. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-78741-1_16
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DOI: https://doi.org/10.1007/978-3-319-78741-1_16
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