Beyond the Binary

One of the most hotly debated issues in contemporary Muslim ethics is the status of women in Islamic law. Whereas Muslim conservatives argue that gender-differentiated legal rulings reflect complementary gender roles, Muslim feminists argue that Islamic law has subordinated women and is thus in need of reform. The shared assumption on both sides, however, is that gender fundamentally shapes an individual’s legal status. Beyond the Binary explores an expansive cross section of topics in ninth- to twelfth-century Hanafi legal thought, ranging from sexual crimes to consent to marriage, to show that early Muslim jurists imagined a world built not on a binary distinction between male and female but on multiple intersecting hierarchies of gender, age, enslavement, lineage, class, and other social roles. Saadia Yacoob offers a restorative reading of Islamic law, arguing that its intersectional and relational understanding of legal personhood offers a productive space for Muslim feminists to move beyond critique and instead think with and through the Islamic legal tradition.

“Saadia Yacoob delves deeply into the categories and logic of her primary sources, contextualizes them within the relevant social history, and probingly explores their ethical and political implications. Beyond the Binary marries philological depth with theoretical sophistication while remaining surprisingly accessible and engaging.” — MARION HOLMES KATZ, author of Wives and Work: Islamic Law and Ethics before Modernity

“In this field-changing book, Yacoob shows that for classical Muslim jurists, legal personhood was intersectional, relational, and situational. She pushes back against modern conservative insistence on an Islamic femininity defined in binary opposition to masculinity while also challenging feminist analyses that overemphasize gender as a stable component of identity.” — KECIA ALI, author of Marriage and Slavery in Early Islam

SAADIA YACOOB is Assistant Professor of Religion at Williams College.