Andalusian Women's Rights between Islamic Legislation and Practice during the 4th-6th AH / 10th-12th CE Centuries

Abstract

This study examines the reality of women's rights in Andalusian society. It focuses on the position women held within the family and social order. It also considers their presence as legal actors whose rights were guaranteed by Islamic legal rulings and shaped by prevailing social practice. The analysis shows that women possessed several social rights throughout the stages of family life. These rights appeared when the marital bond was formed, through the rules of guardianship, dower, shawar, and siyaqa. They also appeared when that bond ended, through issues such as withdrawal from marriage, the different forms of divorce, khul', waiting periods, proof of lineage, and custody. These fields reveal a careful system that aimed to preserve family balance and regulate relations among its members. The study also shows that women enjoyed financial rights that gave them a degree of economic independence. This was most evident in their right to maintenance, which was assessed in light of economic and social conditions. It was also clear in their right to inheritance, which was treated as a legal entitlement governed by precise rules. The findings confirm that Andalusian society had an advanced legal and social framework. This framework strengthened women's position within the family and recognized rights that reflected the level of social and economic organization reached in Islamic al-Andalus.