Why the Highly Gendered Nature of Classical Islamic Law Demands Critical Reassessment Adis Duderija One of the most common claims made in contemporary discussions of Islam and gender is that men and women are "equal but different." According to this view, the distinctions made within classical Islamic law do not reflect male superiority or female inferiority but simply different roles, responsibilities, and social functions. Yet a close examination of the classical legal tradition suggests otherwise. The issue is not merely that men and women are treated differently. Rather, the legal system itself was constructed upon a set of assumptions about masculinity and femininity that consistently privileged men while limiting the autonomy, authority, and agency of women. The highly gendered character of classical Islamic law becomes apparent when one considers the sheer breadth of legal distinctions between men and women. These differences extended far beyond marriage and family ...