A Critical Inquiry into Emancipatory Jurisprudence and Women’s Role in Islamic Civilization

Abstract

This study examines the concept of emancipatory fiqh, which repositions women as active agents in shaping civilization within an Islamic framework. It seeks to free women from gender-biased interpretations of Islamic law that have historically constrained their participation in social, economic, and political spheres. Employing a qualitative and literature-based approach, the research analyzes women’s civilizational roles as reflected in the Qur’an, Hadith, and contemporary scholarly discourse. The study identifies a jurisprudential gap—the absence of gender sensitivity in classical Islamic legal methodology—that has perpetuated the marginalization of women’s rights and contributions. To address this gap, the research introduces two responsive theoretical innovations: first, the articulation of emancipatory struggle as an alternative paradigm in Islamic jurisprudence, elevating gender justice to a normative legal principle; and second, the integration of this paradigm within the maqāṣid al-sharī‘ah, establishing gender equality as a core legal objective guiding ijtihād. Epistemologically, the study calls for a reform of Islamic legal thought, shifting from patriarchal textualism to a maqāṣid-based, inclusive, and participatory framework that legitimizes women’s lived experiences as sources of legal insight. Ultimately, emancipatory fiqh represents a methodological reconstruction aimed at developing an Islamic legal system grounded in gender justice and responsive to contemporary social transformation.