Gender and Islamic Law: What Can We Learn from Intersectionality?

Tolino, Serena (29 April 2023). Gender and Islamic Law: What Can We Learn from Intersectionality? (Unpublished). In: Conference: Re-evaluating Methodological Trajectories in the Academic Study of Islam. Department for the Study of Religion, University of Toronto. 27-29 April 2023.

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In this presentation I will reflect on how we can apply intersectionality when looking at gender and sexuality in pre-modern Islamic Law. Intersectionality, originally introduced by Kimberlé Crenshaw, showed that a specific analytical approach that would take the axes of race and gender together was necessary to address the specific status of Black women adequately (Crenshaw 1989). Since then, intersectionality has brought many more of these axes into analysis. While I am aware that the concept of intersectionality has been conceptualized in the late 80s in the West, and I am aware of the risks of anachronism of applying it to pre-modern sources, I argue that, if taken as a reference framework, intersectionality allows us to think with different axes in mind, and that this increase the chances of obtaining an interpretation that is more accurate and adherent to the historical reality. Following Marion Katz, who demonstrated how, especially in early Islamic law, the category ‘woman’ always intersected with other factors like age and enslavement (Katz 2014), I will reflect on how intersectionality can help us to better conceptualize the understanding of gender in Islamic law, in particular in relation to slavery.

Item Type:

Conference or Workshop Item (Paper)

Division/Institute:

06 Faculty of Humanities > Department of Art and Cultural Studies > Institut für Studien zum Nahen Osten und zu muslimischen Gesellschaften

UniBE Contributor:

Tolino, Serena

Subjects:

200 Religion > 290 Other religions
300 Social sciences, sociology & anthropology > 340 Law
900 History > 950 History of Asia
900 History > 960 History of Africa

Funders:

[42] Schweizerischer Nationalfonds

Projects:

Projects 100011 not found.

Language:

English

Submitter:

Serena Tolino

Date Deposited:

01 May 2023 07:37

Last Modified:

01 May 2023 07:37

Uncontrolled Keywords:

slavery, islamic law, Islamic studies, legal practices, intersectionality

URI:

https://boris.unibe.ch/id/eprint/182107

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