Abstract
The pioneering vision of the Qur’ān was grafted on a seventh-century cultural system that was shaped by a powerful triad of patriarchy, booty, and slavery, which impeded the proper understanding and application of the egalitarian principles of Islam. Early scholars projected their aspirations, conception of social order, and deep-rooted prejudices in the elaboration of an Islamic jurisprudence (Fiqh) that was rather removed from the Qur’ānic ideals, and reflected the normative values of the era. Understandably, men legislate in reference to a given social framework. The problem we face today lies in the inability and unwillingness of contemporary scholars to reflect their environments by taking into account the social changes witnessed over the last few centuries, thereby maintaining laws that have by force become obsolete.
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