The Paradox of Equality and the Politics of Difference: Gender Equality, Islamic Law, and the Modern Muslim State

Abstract

This paper approaches the issue of gender equality in Islamic law by reference to the paradox of equality. The paradox of equality accounts for the fact that, at times, justice requires a legal differentiation between two people, such that to treat them equally would be unjust. This begs a question about how to determine which factual differences are relevant for legal differentiation, as opposed to those factual differences where legal differentiation is tantamount to discrimination. As this paper suggests, to view gender equality through the lens of the paradox of equality offers a robust perspective on the strategies necessary to push forward a gender reform agenda in the Muslim world.