Islamic Thought and Gender Justice in Pakistan: Reassessing Legal and Ethical Foundations

Abstract

Gender justice remains a central concern in contemporary Muslim societies, particularly where legal systems are influenced by Islamic thought. In Pakistan, despite constitutional guarantees and progressive legal provisions, gender disparities persist in areas such as personal status law, inheritance, and access to justice. This article examines the extent to which Islamic ethical and jurisprudential principles can support a more equitable gender framework in Pakistan. Specifically, it addresses the disconnect between the normative values of Islamic thought—rooted in justice, dignity, and equality—and the patriarchal interpretations often embedded in Pakistan’s legal and socio-cultural practices. The key research question guiding this study is: How can Islamic thought be reinterpreted to promote gender justice within Pakistan’s legal system? The study adopts a qualitative methodology, employing content analysis of primary Islamic legal sources (Qur’an, Sunnah, and classical fiqh), relevant statutes (e.g., Muslim Family Laws Ordinance 1961), and judicial decisions, alongside contemporary gender-focused Islamic scholarship. It also integrates maqāṣid al-sharīʿah and qawāʿid fiqhiyyah as analytical tools to frame a reform-oriented perspective. By offering a critical reassessment of both legal texts and interpretive frameworks, this article contributes to the ongoing discourse on gender equity in Muslim contexts and proposes policy-level and educational reforms rooted in Islamic epistemology and responsive to Pakistan’s socio-legal realities.