Saadia Yacoob’s excellent new book, Beyond the Binary: Gender and Legal Personhood in Islamic Law (U of California Press 2024), makes a compelling argument about gender and Islamic law that has been shockingly overlooked: Legal personhood in Islamic law is intersectional and relational, and gender is not a binary. While Muslims commonly treat gender as a fixed, stand-alone category in Islam that fundamentally shapes an individual’s legal status, Yacoob shows that that legal status in Islamic law was not determined by fixed categories of male or female but by a complex web of social hierarchies, including class, age, freedom, enslavement, social status, and lineage. She challenges the conventional binary understanding of gender by drawing on a rich array of historical, early Hanafi texts from the ninth to twelfth centuries. With insightful coverage of topics such as marriage, slavery, and sexual ethics, Yacoob finds that the categories of man and woman are unstable and conditional in Islamic law. In fact, she shows, the person’s legal and social status determined their role in society and not just their role but also how they were punished and treated in the law. Further, she argues that the category gender “did not exist as a group that had shared interests or a shared social position that led to a shared legal personhood as men or women” (p. 92).
In our interview today, Yacoob describes the origins of the book and its main arguments and findings and explains what she means by “beyond the binary” and “legal personhood” in the title of the book. We also discuss the specific chapters and some of the major themes that show up in each chapter, such as illicit sex and its consequences depending on one’s legal personhood, how a “child” was understood in her sources, what the terms “emphasized femininity” and “hegemonic masculinity” mean. Yacoob also explains what scholars miss by using only “gender” as an analytical category for studying power relations in Islamic law. We end with some of the practical implications of the arguments and findings of this book for both academics and lay Muslims, such as how we can use Islamic law itself to build our critiques of where we are today.
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