GENDER EQUALITY VS. GENDER JUSTICE: AN ISLAMIC ETHICAL PERSPECTIVE

Abstract

This paper distinguishes gender equality (often framed as sameness of treatment) from gender justice (ʿadl/qisṭ as equity and right placement) and argues that the Islamic moral legal tradition is primarily oriented toward justice rather than strict sameness. While liberal egalitarian approaches typically treat sex based differentiation as presumptively discriminatory, the Qur’an frames men and women as equal in spiritual worth, moral responsibility, and access to divine reward, while allowing limited role differentiation in some family-related duties. The paper highlights Qur’anic passages affirming equal moral agency and recompense for both genders. It examines how Islamic jurisprudence links differentiated rules—especially those concerning family maintenance and household responsibility—to welfare and accountability rather than to superiority. Drawing on Maqasid al Shariʿah (the higher objectives of Islamic law), the paper evaluates contested areas such as qiwamah (family responsibility/maintenance) and inheritance, arguing that justice requires interpreting these rulings within an integrated ethical system grounded in dignity, mercy, and the prevention of harm. The paper also engages feminist critiques by separating revelation from patriarchal cultural practices and by emphasizing interpretive principles that prioritize justice and human well-being. Ultimately, it contends that Islamic gender ethics can support robust protections for women’s dignity and rights without collapsing into a “sameness” model, provided responsibilities are enforced, and harmful applications are rejected.