Space and Gender in Islamic Law: The Early Discourses

Abstract: This study examines the genesis and progression of some legal norms that prescribed the seclusion of women in early Islamic societies, particularly focusing on how these norms gendered public space and defined the virtuous Muslim woman through her absence from public life. In this context, “gendering public space” refers to two key processes: promoting women’s seclusion within the home through pietistic legal discourse and imposing specific restrictions on them when they appear in public. The analysis elucidates how particular legal norms made women’s visibility and participation in public spaces and community affairs undesirable. It examines the development of these norms within the cultural contexts of eighth and early ninth-century Iraq and Medina, periods during which Islamic law was still fluid and adaptable. Using a comparative approach, the study outlines the differences between the Iraqi Ḥanafī and Medinese Mālikī schools regarding women’s visibility in public spaces and tracks the evolution of early Mālikī positions, which were less restrictive than those of the Ḥanafī school. The research maintains a focused scope by concentrating on prayer spaces, including mosques and outdoor areas for congregational prayers, as well as battlefield contexts. These case studies highlight the complex interplay between Islamic law and broader socio-cultural influences. Additionally, by examining the development of Mālikī positions, the study highlights the opportunities early legal discourses provided for women and reveals alternative legal interpretations that, though available, were not pursued by contemporary jurists.