Saudi Scholar Finds Ancient Women's Rights
The main schools of sharia were codified in the 9th century AD in territories where a ruling Arab elite mixed with non-Arab and non-Muslim populations in the aftermath of the Arab conquests and the rise of Islam in the 7th century AD.
The main body of the law is derived mainly from oral traditions attributed to the Prophet Mohammad, and viewed by Islamic scholars as divine in origin. Scholars in the West have seen, in effect, a mix of Arabian, Jewish and Roman origins.
"The argument about Greco-Roman law having influenced the sharia rules about women could have some basis if one thinks in terms of Middle Eastern adaptations -- 'provincial versions' -- of Greco-Roman law," said Gerald Hawting, a historian of early Islam at the School of Oriental & African Studies in London.
Fassi, he said, "is not likely to win many friends among the traditional ulama (scholars) by arguing that important elements of the sharia originate from human history and not from God."
Fassi's ideas reflect views often expressed by Arab liberals -- that restrictive traditions in the empires conquered by the Arabs found their way into Islam. Egyptian feminist Nawal al-Saadawi, for one, has often been attacked for saying as much. [thanks A] Saudi Scholar Finds Ancient Women's Rights
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