Legacies of Legal Reform: Muftis, the State, and Gendered Law in the Arab Lands in the Late Ottoman Empire
We are accustomed to thinking about Ottoman reform of the laws governing personal status as a project undertaken under the liberal banner: such reform was progress, an attempt to lift oppression in the interests of justice and the modernization of the society. Insofar as we can speak of a dominant historical narrative in a field that has received very little scholarly attention, it is this image of liberal efforts to alleviate the oppression that women suffered as a result of the strict application of traditional Hanafi law in the Ottoman Empire that shapes our view of the reform project. Most of the established Western scholars of Islamic legal reform have concurred that society awoke to the injustice of this oppression in the course of the nineteenth century and undertook reform as part of an effort to improve the position of women. Responding to the “needs of society”, the reformers undertook to remedy some of the worst abuses. Their task was to introduce legal moralism into a system that had become hopelessly ossified and formalistic, and hence unresponsive to social imperative.