Intertwining religion and the law
A comparative exploration of the rights of women and non-Muslim citizens under the influence of Islam within select Arab states
Olivia Morland
The rights of women and non-Muslim citizens within selected Arab states remain
significantly constrained by the interaction between religion and the law. While Islam has played an integral role in shaping legal frameworks across the Arab world, its influence need not inherently result in the legal discrimination that has often emerged through traditional interpretations and applications of Islamic principles. Indeed, certain Arab states, most notably Tunisia, have demonstrated significant progress towards gender and religious equality through the interpretive mechanism of Ijtihad. By enabling reinterpretation of Islamic texts in accordance with contemporary principles of equality and inclusivity, Ijtihad provides a potential pathway for positive legal reform. This article compares Tunisia, Libya, Egypt, Morocco, and Syria in relation to divorce, inheritance and polygamy laws, alongside examining the legal treatment of non-Muslim communities, to identify areas where reform may be achieved through reinterpretation. Unfortunately, progress towards achieving equality in Egypt and Syria remains impeded by a strong adherence to traditional interpretations of Islam, alongside an apparent political reluctance to pursue meaningful reform. Whilst this article acknowledges that some significant progress has been achieved, particularly following demands for equality and non-discrimination associated with the Arab Spring, substantial barriers do remain. Ultimately, achieving gender and religious equality requires continued reinterpretation of Islamic legal principles, supported by sufficient and proactive political will.
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