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" Hermeneutics of desire: ontologies of gender and desire in early Hanafī law "
Saadia Yacoob
Moosa, Ebrahim; Prasad, Leela
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Latin Dissertation
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| Language of Document
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English
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| Record Number
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804354
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| Doc. No
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TL49183
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| Call number
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1864643289; 10239855
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| Main Entry
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Xia, Yakang
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| Title & Author
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Hermeneutics of desire: ontologies of gender and desire in early Hanafī law\ Saadia YacoobMoosa, Ebrahim; Prasad, Leela
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| College
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Duke University
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| Date
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2016
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| Degree
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Ph.D.
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| field of study
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Religion
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| student score
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2016
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| Page No
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258
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| Note
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Committee members: Ali, Kecia; Hammer, Juliane; Morgan, David
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| Note
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Place of publication: United States, Ann Arbor; ISBN=978-1-369-42909-1
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| Abstract
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This dissertation examines the construction of gendered legal subjects in the influential legal works of the eleventh century Hanafi jurist, Muhammad ibn Ahmad al-Sarakhsi (d. 483 A.H./1090 C.E.). In particular, I explore how gendered subjects are imagined in legal matters pertaining to sexual desire. Through a close reading of several legal cases, I argue that gendered subjects in his legal work al-Mabsut are constructed through an ontological framework that conceptualizes men as active and desiring and women as passive and desirable. This binary construal of gendered nature serves as a hermeneutical given in al-Sarakhsi’s legal argumentation and is produced through a phallocentric epistemology. Al-Sarakhsi’s discussions of desire and sexuality are mediated through the experience of the male body. While the dissertation endeavors to show the centrality of the active/passive binary in al-Sarakhsi’s legal reasoning, it also highlights the dissonances and fissures in the text’s construction of gendered subjects of desire. By tracing the intricacies of al-Sarakhsi’s legal reasoning, I note moments in which the text makes contradictory claims about gender and desire, as well as moments in which al-Sarakhsi must contend with realities that seemingly run up against his ontological framework. These moments in the text draw our attention to al-Sarakhsi’s active attempt at maintaining the coherence of the gendered ontology. I thus argue that the gendered ontology in al-Sarakhsi’s text is a legal fiction that both reflects his assumptions about gendered nature but is also constructed to rationalize legal precedence.
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| Subject
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Religion; Law; Islamic Studies
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| Descriptor
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Philosophy, religion and theology;Social sciences;Gender and sexuality;Hanafi law;History of sexuality;Islam and gender;Islamic law
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| Added Entry
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Moosa, Ebrahim; Prasad, Leela
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ReligionDuke University
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