Master'sOpen Access

Examination of gender inequality in terms of Islamic law

2022
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Advisor: Doç. Dr. Hilâl Özay

Abstract (EN)

Men and women are different from each other both biologically and socially. Social difference stems from the sharing of roles. Socio-cultural and economic changes have led to the emergence of the concept of gender. Men and women are different from each other both biologically and socially. The elimination of difference and inequality between the sexes has been voiced. Emphasis was placed on inequalities between men and women living together in society. It has been claimed that religion is among the causes of these inequalities. According to the religion of Islam, men and women were created in different genders. While giving the verdicts, the gender, structure of the human being, the situation of the society and the necessities of life were not ignored, and the special situations of the people were taken into consideration. For this reason, gender has been the determining factor in some provisions. This gender-based difference was not perceived as discrimination and inequality. Both genders are given responsibilities and rewards are promised as a result. Regardless of their gender, every believing Muslim is obliged to perform obligatory acts of worship such as prayer, fasting, zakat and hajj. In other words, there is no gender difference between men and women in terms of being liable. There is no distinction between the two sexes in terms of the essence of worship. The movements made while performing the worship, the clothes worn, the place of worship may vary due to the structure of both genders. This situation does not constitute any discrimination for women. In Islamic family law, provisions in accordance with the nature of marriage and divorce are given. Men and women had rights and responsibilities in proportion to their strength. In Islamic inheritance law, the balance of blessings and burdens has been observed. Due to their financial responsibilities such as the provision of alimony, men have been provided with a larger share of the inheritance. In criminal law, the life, property and honor of both sexes are considered sacred. The crimes committed against them were punished regardless of gender. In Islamic judicial law, women's responsibilities for judgeship and witnessing are limited. These provisions, which are different in Islamic law, were given within the framework of the balance of blessings and burdens, not gender-oriented, and the provisions were built on justice, not equality.

Author

Dr. Kübra Yılmaz

How to Cite

Kübra Yılmaz (Master Thesis). Examination of gender inequality in terms of Islamic law, 2022, Tokat Gaziosmanpaşa Üniversity.

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