Dr Shamsuddeen Sani

The modern discourse around housework for wives from the Islamic legal perspective has garnered beyond the adequate level of scholarly attention. It is as old as the marriage institution itself in the Islamic tradition.

The book, Wives and Work: Islamic Law and Ethics Before Modernity, published in 2022 by Columbia University Press, is a compelling and intellectually rigorous work that broadly contributes significantly to Islamic studies and gender studies.

Marion Holmes Katz’s meticulous research and refined analysis dismantle stereotypes and offer a fresh perspective on the complex realities of Muslim women’s lives. By engaging with Islamic legal and ethical traditions, the author not only deepens our understanding of the past but also provides a platform for critical reflections on the contemporary challenges and possibilities surrounding women’s roles as wives and their engagement in the workforce within Muslim-majority societies.

The book adopts a well-structured framework with an elaborate introduction followed by four body chapters and concludes with a thoughtful synthesis. Each chapter is dedicated to the diversity and development of fiqh discussion of domestic labour for the respective periods of the four Sunni schools of law.

The first chapter emphasises the formative period of Islamic law (8th-9th century CE) with a profound exploration of the Islamic literary corpus reflecting the social realities of the early Islamic community, then focusing heavily on wives’ domestic labour in the Maliki legal school. 

Moving into the 10th century CE, the second chapter of the book examined the issue of domestic labour through the lens of Shafii scholar Abul Hasan al-Mawardi using his legal manual, Al-hawi al-Kabir, as a paradigm for deconstruction but at the same provided a captivating contrast through his ethical manual Adab al dunya wal din.

Chapter three navigates into the intellectual realm of the Hanafi school of law, specifically focusing on the legal manual Al-Mabsut by the esteemed Hanafi scholar al-Sarakhsi. This comprehensive investigation illuminates al-Sarakhsi’s profound analysis and interpretations pertaining to domestic labour, offering an in-depth understanding of the Hanafi school’s intricate perspectives.

Geographically and temporally shifting to the post-classical period in Damascus, chapter four directs its attention to the Hanbali school of law. The focal point of analysis lies in a meticulous exploration of Ibn Qudama’s seminal work, which would later face extensive challenges from the visionary scholar Ibn Taymiyyah. Ibn Taymiyyah’s radical approach to the subject matter promotes a ground-breaking and transformative vision of the ethics of marriage, firmly rooted in the Qur’an and hadith traditions.

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