Al-Istinbath
Jurnal Hukum Islam

Vol. 10. No. 2, 2025, 732-760
P-ISSN: 2548-3374 (p), 25483382 (e)
http://journal.iaincurup.ac.id/index.php/alistinbath

A Rhetorical-Legal Hermeneutic: Representations of Women
in the Qur'an through Balaghah and Their Implications for
Islamic Law
Renti Yasmar1, Mia Nurmala2, Yayan Nurbayan3, Erlina4, Tiara Atikah5
Universitas Islam Negeri Maulana Malik Ibrahim, Malang, Indonesia 1,4
Universitas Pendidikan Indonesia, Indonesia2,3,5
Corresponding Author : rentiyasmar@iaincurup.ac.id
DOI: 10.29240/jhi.v10i2.11132
Received: 21/08/2024
Revised: 4/02/2025
Cite this article:

Accepted: 15/06/2025

Renti Yasmar, Mia Nurmala, Yayan Nurbayan, Erlina, Tiara Atikah (2025)
A Rhetorical-Legal Hermeneutic: Representations of Women in the
Qur'an through Balaghah and Their Implications for Islamic Law,
Approach. Al-Istinbath : Jurnal Hukum Islam, 10 (2), 2025, 732-760
Doi : 10.29240/jhi.v10i2.11132

Abstract
This study addresses contested interpretations of women's status in
Islamic law by innovatively applying Balaghah (Quranic rhetoric) to
analyze gender representations in the Quran. Using rhetorical analysis
of kalam khabari (declaratives), kalam insha'i (directives), and kinayah
(metaphors), we systematically examine verses concerning
inheritance, testimony, and women's rights. Our findings reveal that
the Quran's linguistic structures consistently affirm gender equality,
contradicting patriarchal readings - particularly through its deliberate
use of rhetorical devices in key verses (e.g., Q 4:7, Q 2:282). The
study's novelty lies in developing a Balaghah-based framework for
Islamic feminist jurisprudence, demonstrating how Quranic rhetoric
inherently safeguards women's dignity. This provides: (1) a new
methodology for gender-sensitive Quranic exegesis, and (2) textual
evidence for reforming patriarchal legal interpretations. These
findings are significant for contemporary Muslim societies, offering
a Quran-grounded approach to aligning Islamic law with gender
justice principles.
Keywords: Representation of women, Islamic law, the verses of the
Quran, Balaghah science.

Copyright © 2025 Renti Yasmar, et.all
This work is licensed under a Creative Commons Attribution-Non Commercial-ShareAlike 4.0
International License

Hendi Sugianto : Islamic Law And Gendered Inheritance ….| 733

Introduction
As half of the world's population, women have always been an exciting and
complex topic of discussion. Various issues surrounding women, both Gender
and sex, continue to colour social and cultural dynamics in different parts of the
world.1 Women's issues cover everything from gender equality, sexual
discrimination, and violence against women to reproductive rights.2 In various
parts of the world, women still face various forms of oppression and injustice
caused by factors such as patriarchal social and cultural constructions, as well as
the lack of women's access to education, health, and economic opportunities.
Despite Islam’s foundational principles of gender equality (e.g., Qs. AnNisa: 32; Al-Hujurat: 13), Empirical studies continue to show that women in many
Muslim-majority societies face systemic challenges such as economic
marginalization, restricted political participation, and gender-based violence that
is sometimes culturally or religiously justified.3 These contradictions stem not
from the Quran itself but from interpretative biases rooted in patriarchal
traditions4 and literalist readings of texts divorced from their socio-historical
context.5 This misunderstanding about the representation of women is rooted in
various factors, such as misinterpretation of texts and rigid and literal textual
interpretation of verses of the Quran relating to women, without consideration
of the social and cultural context at the time the verses were sent down.6
Patriarchal cultural influences: The influence of patriarchal cultures that dominate
various aspects of life, including religious interpretations, trigger biased and unfair
interpretations of women. Political and social interests: Misinterpretations of the

1 Sukanya Paradkar et al., “‘Mostly Women’s Issues’–Gender Differences in Community
Responses to a Large-Scale NGO Programme to Prevent Violence against Women in Urban
India,” in Women’s Studies International Forum, vol. 107 (Elsevier, 2024), 102997.
2 Irma Durrotun Niswah, “Women Empowerment and the Islamic Perspective: A
Review,” Journal of Islamic Econonomic Literatures, 2022.
3
Norani Othman, “Muslim Women and the Challenge of Islamic
Fundamentalism/Extremism: An Overview of Southeast Asian Muslim Women’s Struggle for
Human Rights and Gender Equality,” in Women’s Studies International Forum, vol. 29 (Elsevier,
2006), 339–53; Berfin Çakın, Saskia Glas, and Niels Spierings, “Polarization, Religiosity, and
Support for Gender Equality: A Comparative Study across Four Muslim-Majority Countries,” in
Women’s Studies International Forum, vol. 103 (Elsevier, 2024), 102880; Iim Halimatusa’diyah and
Windy Triana, “Sexism and Women’s Access to Justice: Feminist Judging in Indonesian Islamic
Judiciary,” in Women’s Studies International Forum, vol. 103 (Elsevier, 2024), 102883.
4 Lulu Mubarokah, “Wanita Dalam Islam,” Journal of Islamic Studies and Humanities 6, no.
1 (2021): 23–31, https://doi.org/10.21580/jish.v6i1.7378.
5 Sarifa Suhra, “Kesetaraan Gender Dalam Perspektif Al-Qur’an Dan Implikasinya
Terhadap Hukum Islam,” Jurnal Al-Ulum 13, no. 2 (2013): 373–94.
6 S.M. El-Awa, Textual Relations in the Qur’an: Relevance, Coherence and Structure, 1st ed.
(Routledge, 2005), https://doi.org/https://doi.org/10.4324/9780203014486.

734 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

representation of women in Islam are often used for specific political and social
purposes, strengthening corrupt power structures and marginalizing women.7
As a result of this misunderstanding, women in various parts of the world
suffer from restricted access to education and employment, physical, sexual, and
emotional violence, early and forced marriages, injustice in the legal system and
marriage, and inequality in political participation and leadership. According to the
UN Women report entitled "The World's 50 Worst Places to be a Woman 2022"8,
fwomen in various countries still face various forms of discrimination and
injustice, such as inequality in pay and employment opportunities, domestic
violence, women's marginality in religious interpretation, and low representation
of women in politics.9 This misunderstanding about the representation of women
in Islam is not only detrimental to women but also impedes the progress and
development of society as a whole. Women's potential and extraordinary talent
are inhibited, and society loses their valuable contribution.10
The role and representation of women in Islamic law, as regulated in the
Quran, has been a subject of significant and complex discussion throughout
history. As the primary source of law and morality in Islam, the Quran provides
comprehensive guidance on women's rights and responsibilities in various aspects
of life. From economic rights to status in the family and society, the Quran
recognizes and respects the position of women as individuals with equal value and
dignity to men.11The verses of the Quran referring to women often affirm the
principles of equality, justice, and protection of women's rights.12 For example,
women were given the right to own and manage property, inheritance, and
participation in social and political life.13 In addition, the Quran regulates the
rights and obligations in marriage and the mechanisms of protection from
injustice and oppression.14

7 Abdulai Abukari, “Education of Women in Islam: A Critical Islamic Interpretation of

the
Quran,”
Religious
Education
109,
no.
1
(2014):
4–23,
https://doi.org/10.1080/00344087.2014.868203.
8 “The World’s 50 Worst Places to Be a Woman 2022,” UN Women, 2022.
9 “‘Content Analysis.’ Mailman School of Public Health,” Columbia University, n.d.
10 Çakın, Glas, and Spierings, “Polarization, Religiosity, and Support for Gender
Equality: A Comparative Study across Four Muslim-Majority Countries.”
11 Rina Suryani, Perempuan Dalam Islam: Studi Ayat-Ayat Al-Qur’an (Yogyakarta: Penerbit
Universitas, 2021).
12 Mia Nurmala, Umi Sumbulah, and Yayan Nurbayan, “Ideal-Normative and SocioHistorical Approaches to Gender Equality Verses: A Study of Riffat Hassan’s Thought,” Millah:
Journal
of
Religious
Studies
22,
no.
1
(2023):
235–58,
https://doi.org/10.20885/millah.vol22.iss1.art9. Millah: Journal of Relegios Studies 22, no. 1 (2023):
235–258, https://doi.org/10.37010/lit.v5i2.1475..
13 Lilis Asmawati, Kesetaraan Gender Dalam Perspektif Al-Quran (Bandung: Mizan, 2021).
14 Siti Nurhayati, Hak-Hak Perempuan Dalam Islam (Jakarta: Pustaka Islam, 2021).

Hendi Sugianto : Islamic Law And Gendered Inheritance ….| 735

According to Islam, all Muslims, both men and women, are born pure.
Apart from that, God dedicates women to a whole letter in the Quran.15 Women
have a high position in Islam, and gender compatibility is present in the words of
God, Qs. An-Nisa: 32. According to Kadivar in Haneef et al.1617 Islam becomes a
women-centred reform and can use the egalitarian principles in the Quran with
which all misogynistic views can be reconstructed and overthrown.18 They are the
equality of mankind in creation and fear (Qs. Al-Hujurat: 13), the equal reward
and punishment in the Hereafter (Qs. (An-Nisa: 1), equal rights of husband and
wife (Qs. Ar-Rum: 21), equality in the sight of God (Qs. An-Nahl 97), and so
forth. Moreover, what matters most to him is that justice is good and injustice is
wrong.
While scholars like Hoppen & Vanz19 and Daharis20 have convincingly
demonstrated how socio-economic changes empower Muslim women’s public
roles, their frameworks remain incomplete. These studies predominantly attribute
gender disparities to external factors: cultural norms, economic systems, or
political structures while overlooking the Quran’s internal linguistic architecture.
For instance, when analyzing contested verses (e.g., Qs. An-Nisa: 34 on marital
dynamics), existing research rarely engages with how balaghah particularly devices
like majaz (metaphor) or kinayah (allusion) could subvert patriarchal readings by
revealing context-dependent meanings. This omission is striking because classical
tafsir (exegesis) including the works of Al-Zamakhshari in al-Kashshāf and AlRāghib in al-Mufradāt relies extensively on balāghah as an interpretive framework.
In contrast, contemporary gender-focused tafsir, as seen in the works of Riffat
Hassan and Amina Wadud, tends to prioritize ethical or socio-historical
approaches while seldom incorporating systematic rhetorical-linguistic analysis.21

15 Sartaj Ahmad Bhat, “Status and Rights of Women in Islam,” International Journal of
Multidisciplinary Educational Research 12, no. June (2023): 5 (4), https://doi.org/10.2023/ijmer.
16 Said Sikandar Shah Haneef, Saidatolakma Bt Mohd Yunus, and Mohammed Farid Ali
Al-Fijawi, "Muslim Feminists` Reading of the Quran: A Juristic Analysis on Family Law Issues,"
Mazahib 17, no. 1 (2018): 1–22, https://doi.org/10.21093/mj.v17i1.1056.
17
18 Othman, “Muslim Women and the Challenge of Islamic Fundamentalism/Extremism:
An Overview of Southeast Asian Muslim Women’s Struggle for Human Rights and Gender
Equality.”
19 Natascha Helena Franz Hoppen and Samile Andréa de Souza Vanz, The Development of
Brazilian Women’s and Gender Studies: A Bibliometric Diagnosis, Scientometrics, vol. 128 (Springer
International Publishing, 2023), https://doi.org/10.1007/s11192-022-04545-w.
20 Ade Daharis, “The Role and Position of Women in the Family According to Islamic
Law: A Critical Study of Contemporary Practices,” Literatus 5, no. 2 (2023): 382–87,
https://doi.org/10.37010/lit.v5i2.1475.
21 Sayed Sikandar Shah Haneef and Mohammed Farid Ali Al-Fijawi, “Muslim
FeministsReading of the Quran: A Juristic Analysis on Family Law Issues,” Mazahib, 2018, 1–22;
Nurmala, Sumbulah, and Nurbayan, “Ideal-Normative and Socio-Historical Approaches to
Gender Equality Verses: A Study of Riffat Hassan’s Thought.”

736 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

The disconnect grows wider when examining cross-cultural studies. Works
like Sangidu rightly note how "religion and culture interact" to subordinate
women, but they treat textual analysis and social practice as separate domains. 22
In doing so, they miss a critical opportunity: to show how Quranic rhetoric, if
rigorously excavated through balaghah, could disrupt the very cultural paradigms
that justify inequality Consequently, they miss the critical opportunity to
demonstrate how Quranic rhetoric, when rigorously analyzed through balāghah
especially by applying the theory of nazm (textual coherence and rhetorical order)
as developed by Abd al-Qāhir al-Jurjānī, alongside devices such as kināyah
(allusion) and tashbīh (analogy) could disrupt the cultural paradigms that sustain
inequality. Without this crucial linguistic lens, academic discourse remains trapped
between theological idealism ("Islam is egalitarian") and sociological realism ("but
patriarchy persists"), with no methodological bridge to reconcile these
perspectives.23
The science of balaghah, with its three core components - 'ilm al-ma'ani
(semantics), 'ilm al-bayan (rhetorical devices including tasybih, majaz, and
kinayah), and 'ilm al-badi' (stylistics) - offers a powerful framework for uncovering
the Quran's layered meanings.24 When applied to key verses like Al-Ahzab: 35
(affirming spiritual equality) or An-Nisa: 7 (on inheritance rights), balaghah
reveals how patriarchal interpretations often flatten the text's nuanced rhetoric.
For instance, a balaghah-informed reading of qiwamah in An-Nisa: 34 could
reinterpret it as contextual responsibility rather than absolute male authority.25
Other verses that particularly benefit from this approach include An-Nisa: 19,
An-Naml: 23, and An-Nisa: 25, where linguistic analysis can recover egalitarian
dimensions obscured by literalist readings.
While balaghah has long been central to classical Quranic exegesis, its
potential as a tool for gender-sensitive reinterpretation remains startlingly
underutilized. This raises three critical questions: First, how might the systematic
application of balaghah's rhetorical devices [particularly majaz (metaphor),
kinayah (allusion), and tasybih (analogy)] uncover egalitarian meanings in verses
traditionally read as patriarchal, such as An-Nisa: 34? Second, what sociohistorical factors have enabled patriarchal interpretations to dominate despite the
Quran's linguistic complexity? Finally, can a balaghah-informed methodology
reconcile the apparent tension between Islam's theological equality and its
22 Sangidu et al., “Islam and the Tradition of Gender: Exploring the Intersection of
Religion and Culture in Indonesia,” International Journal of Religion 5, no. 2 (2024): 47–56,
https://doi.org/10.61707/mekpfr87.
23 Andrew. Rippin, The Qur’an and Its Interpretative Tradition (Taylor & Francis, 2022).
24 Rizki Abdurahman et al., “The Urgency of Integrating Character Education Values in
Balaghah Learning/‫أهمية دمج قيم تعليم الشخصية في تعلم البالغة‬,” Alsuniyat: Jurnal Penelitian Bahasa, Sastra,
Dan Budaya Arab 7, no. 1 (n.d.): 188–206.
25 Yayan Nurbayan, “Metaphors in the Quran and Its Translation Accuracy in
Indonesian,” Indonesian Journal of Applied Linguistics 8, no. 3 (2019): 710–15.

Hendi Sugianto : Islamic Law And Gendered Inheritance ….| 737

patriarchal implementations in Muslim societies We hypothesize that patriarchal
interpretations of Quranic verses about women particularly those used to justify
gender discrimination (e.g., An-Nisa: 34) result from literalist misreadings that ignore
Balaghah’s nuanced rhetorical devices.26 By systematically analyzing kalam
khabari (declarative statements), kalam insha’i (imperative/interrogative modes),
and kinayah (metaphors) in key verses (e.g., Al-Ahzab: 35, An-Nisa: 7, 19).
This research uses a qualitative rhetorical analysis method, which is
focuses on how messages are delivered, and with what (intended or actual) effects
of verses in the Quran about woman.27 The method combined with Blaghah
textual analysis (m=Ma’ani, Bayan, and Badi’). It also focuses on the analysis,
understanding, and synthesis of existing literature in a particular field of
knowledge or topic.28 With Balaghah, the research uses thematic (maudhu’i) and
linguistic to isolate gender-related verses and decode their rhetorical devices. The
data collection technique used is documentation, namely by reviewing various
sources such as books, journals, existing research and other literature that is
relevant to this research. The verses selected based on thematic approach and
explicit mentions of the words. The data analysis technique used is content
analysis, which determines the presence of certain words, themes or concepts in
Balaghah as an analytical framework.29

26 For example, the verse An-Nisa: 34 (“ar-rijālu qawwāmūna ‘ala an-nisā”) is often

interpreted as a divine endorsement of male authority. Classical interpretations such as those by
Ibn Kathir and al-Qurtubi take “qawwāmūn” to mean male superiority or leadership over women.
However, these readings often disregard the rhetorical function of kināyah and contextual
indicators in the verse. Contemporary scholars like Amina Wadud and Nasr Abu Zayd have
challenged these readings by emphasizing the verse’s social context and rhetorical ambiguity,
arguing that qiwāmah is more accurately understood as context-bound responsibility rather than
unconditional male dominance.
27 Klaus Krippendorff, Content Analysis An Introduction to Its Methodology, ed. Margaret H
Seawell, 2nd ed. (London: Sage Publication, 2004).
28 Shalshabilla Putri, Eka Wahyu Hestya Budianto, and Nindi Dwi Tetria Dewi, “Bank
Bukopin Syariah Dan Konvensional: Studi Pustaka (Library Research) Dan Bibliometrik
VOSviewer,” Research Gate, 2023, 1–30.
29 Columbia University, “Content Analysis,” Mailman School of Public Health, accessed July
3, 2024, https://www.publichealth.columbia.edu/research/population-health-methods/contentanalysis.

738 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

Rhetorical Analysis
Balaghah Framework

Thematic Verses

Selected Verses Qs. An-Nisā' [4]: 34
Qs. An-Nisā' [4]: 19 Qs. An-Naml [27]: 23 Qs. An-Nisā' [4]: 25

Ma'ani, Bayan, Badi'

Verses of Women

Representation women in Islam
This chart presents a structured approach to reevaluating key Quranic
verses about women by employing the science of Balaghah Arabic rhetoric. At its
core, this framework seeks to uncover the nuanced, often overlooked egalitarian
dimensions of the Quran by examining its linguistic and rhetorical devices. The
selected verses: An-Nisā’ (4:34), An-Nisā’ (4:19), An-Naml (27:23), and An-Nisā’
(4:25) serve as critical examples where traditional patriarchal interpretations have
dominated, despite the Quran’s inherent call for justice and equality. Central to
this analysis are the three pillars of Balaghah: ‘Ilm al-Ma‘ānī (semantics), which
deciphers the contextual meaning of sentences; ‘Ilm al-Bayān (rhetorical devices),
which explores metaphors (majaz), allusions (kinayah), and analogies (tashbīh);
and ‘Ilm al-Badī‘ (stylistics), which highlights the Quran’s aesthetic and persuasive
power. Together, these tools allow for a more dynamic engagement with the text,
moving beyond rigid, literalist readings that have historically justified gender
disparities.
For instance, An-Nisā’ 4:34 can be reinterpreted through balāghah to
reveal qiwāmah not as an absolute privilege, but as a contextual responsibility
shaped by the socio-economic realities of 7th-century Arabia. Similarly, An-Naml
27:23, which narrates the story of Queen Bilqis, underscores Islam’s recognition
of female leadership when viewed through its rhetorical emphasis on wisdom and
diplomacy. Applying this framework, the chart outlines not only a methodological
path for gender-inclusive exegesis but also highlights how classical rhetoric can
reframe interpretive paradigms. Ultimately, this visual and analytical tool
reinforces the study’s central claim: that socio-historically shaped interpretations
may obscure aspects of the Qur’an’s egalitarian message. A rhetorical reanalysis
grounded in balāghah thus offers a methodological bridge to reconcile textual
ideals with lived realities, and to reclaim Islam’s ethical and inclusive spirit.
The steps include (1) choosing the type and the theoretical context of the
data, (2) explaining the purpose, (3) deciding how to analyze the information, (4)

Hendi Sugianto : Islamic Law And Gendered Inheritance ….| 739

deciding on how to interpret the data, and (5) applying the results of the
interpretation.30
Discussion
After conducting research from various primary and secondary sources, the
researcher obtained the representation of women in Islamic law, especially in the
verses of the Quran through the science of balaghah, namely kalam khabar, kalam
insya' and kinayah. Below are several verses that will be discussed regarding kalam
khabar, kalam insya', and kinayah relating to the representation of women in Islamic
law.
Perspective of the Balaghah Science in the Verses of the Quran on the
Representation of Women in Islamic Law
The Quran is a book in which instructions and guidance from the word of
Allah brought by the Prophet are included. This book uses Arabic, which is
recognized as having a high level of balaghah and sensitivity in its hermeneutics,
as well as a very rich variety of language and vocabulary.31 Balaghah science
consists of three scientific studies, including Ma'ani science, bayan science, and
badi science. In this research, the focus of the study of balaghah science used is
kalam khabar and kalam insya' (study of ma'ani science) and kinayah (study of bayan
science). Because the three uslub balaghah are contained in the verses of the Quran
regarding the representation of women in Islamic law. The following is an
explanation and example of kalam khabari, kalam insya' and kinayah in the verses
of the Quran.
According to Al-Hasyimi Kalam khabar is an expression that contains truth
or lies, judging from the expression itself. One example in the kalam khabar ibtidai
is found in Qs. Al-Qariah: 5 (‫)وت َ ُك ْو ُن ْال ِجبَا ُل ك َْال ِع ْه ِن ْال َم ْنفُ ْو ِش‬
َ in this verse contains kalam
khabar ibtidai because of the absence of taukid and its purpose as Faidhatul Khabar
(news) to people who don't know, that on the Day of Resurrection the mountains
will fly like cotton because the day is so terrible Doomsday can separate those
that join and then scatter when flying in the air.32

30 Ailin Sheydayi and Hashem Dadashpoor, “Conducting Qualitative Content Analysis
in Urban Planning Research and Urban Studies,” Habitat International 139 (2023): 102878.
31 Mamat Zaenuddin and Yayan Nurbayan, Pengantar Ilmu Balaghah, ed. M. R. Arken, 1st
ed. (Bandung: PT. Refika Aditama, 2007).
32 Randy Safii, Sriwayhuningsih R. Shaleh, and Chaterina Puteri Doni, “Uslub Kalam
Khabar Dan Insya’ Dalam Dialog Kisah Nabi Zakariyah Dalam Al-Qur’an,” `A Jamiy : Jurnal
Bahasa Dan Sastra Arab 11, no. 2 (2022): 395, https://doi.org/https://10.31314/ajamiy.11.2.395406.2022.

740 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

Furthermore, kalam insya' is an expression that cannot be judged as true or
false, because kalam insya' is divided into two: 1) kalam insya' thalabi which is an
expression that contains a demand when the expression is uttered, and; 2) kalam
insya' ghair thalabi, which is an expression that does not contain requests or
demands.34 One example of the kalam insya' is contained in Qs. Maryam: 6 ( ‫ي َِّرثُنِ ْي‬
ُ ‫)ويَ ِر‬
‫ضيًّا‬
ِ ‫ب َوا ْجعَ ْلهُ َر‬
ِ ‫ب َر‬
َ ‫ث مِ ْن ٰا ِل يَ ْعقُ ْو‬
َ in this verse contains kalam insya' thalabi by using
shigat amr (command) in the word (ُ‫)اجْ َع ْله‬, but the meaning is not a command,
because it comes from the lower (human) whom It is addressed to a higher being
(God) so that its meaning becomes a prayer request.35
33

Kinayah is an expression related to the shift in meaning from denotative
(hakiki) to connotative (majazi) meaning, but the meaning can be taken from the
denotative meaning.3637 Furthermore, one example in kinayah is found in Qs.
ْ ‫ب اِنِ ْي َوهَنَ ْال َع‬
ْ ‫)وهَنَ ْال َع‬
Maryam: 4 (‫ظ ُم‬
ِ ‫)ر‬
َ in that verse the word (‫ظ ُم‬
َ which means my
bones have become weak have kinayah. The kinayah meaning of this word is
(‫ )ذهاب القوة‬loss of strength because bones are interpreted as a source or support
for humans to be able to form ideally.38
The various concepts in balagah above will be used as a basis for analysis
in interpreting the Quran, in this case, Islamic law related to women.39 Then,
below is a balaghah science of several Quran verses regarding the representation
of women in Islamic law, which will reveal the meaning of the Quran verses with
the theme of women and Gender.
Table 1: Verses from the Quran regarding the Representation of Women
in Islamic Law: Balaghah Science Perspective
No

Verse

Sentence

1

Qs. AlAhzab
[33]: 35

ُ‫م‬
‫ِا َّن اْل مس ِل ِم مي َن‬
ُ‫م‬
..‫َواْل مس ِل ٰم ِت‬
‫اليخ‬

Theme
Equality in
worship

Uslub
Balaghah
Kalam
Khabar
Thalabi

Pattern/
Kiasan
Taukid
ّ
)‫(ان‬

Objective
Tahrikul
Himah/
Provide
stimulus

33 Ahmad Al-Hasyimi, Jawahirul Balaghah Fil Ma’ani Wal Bayan Wal Badi’, ed. Yusuf AsSamali (Kairo, Egypt: Maktabah al-Mishriyah, 1999).
34 Al-Hasyimi.
35 Safii, Shaleh, and Doni, “Uslub Kalam Khabar Dan Insya’ Dalam Dialog Kisah Nabi
Zakariyah Dalam Al-Qur’an.”
36 Abdul Aziz Al Harbiy, Al-Balaghah Al-Muyassarah (Libanon: Dar Ibnu Hazm Beirut,
2011).
37 Zaenuddin and Nurbayan, Pengantar Ilmu Balaghah.
38 Opi Salamah and Ahmad Akbar, “Analisis Kinayah Dalam Surah Maryam Ayat 4, 20
Dan 50 (Studi Analisis Balaghah)” 8, no. 6 (2024): 393–96.
39 Nurjannah, Nur Fadhila, and Agussalim Beddu Malia, “Istifham in Surah Al-A’raf
(Dirasatun Tahliliyyatun Balaghiyyatun),” Informatika Dan Sains 14, no. 01 (2024): 630–42,
https://doi.org/10.54209/infosains.v14i01.

Hendi Sugianto : Islamic Law And Gendered Inheritance ….| 741

2

Qs. AnNisā' [4]
:7

3

Qs. AnNisā' [4]:
34

4

Qs. AnNisā' [4]:
19
Qs. AnNaml
[27]: 23

5

6

Qs. AnNisā' [4]:
25

‫ِل ّ ِلر َج ِال‬
َ
‫اليخ‬...‫ن ِص مي ٌب‬
+
َۤ ّ َ
‫و ِل ِلنسا ِء‬
َ
‫اليخ‬...‫ن ِص مي ٌب‬
َ
‫ق َّو ُام مو َن‬

Equality of
economic and
property
rights

Kalam
Khabar
Ibtidai

-

Faidhatul
Khabar/
Newly
discovered
news

Women in
the family

Kinayah

‫الشخص‬
‫اْلسؤول‬

ُ ‫َو َعاش ُر‬
‫وه َّن‬
ِ

Protection
from injustice

Kalam
Insya’
Thalabi
Kalam
Khabar
Thalabi

Fiil Amr

Tahsinul
ma’na wa
tajmiilihi/
Beautify the
meaning
Give orders

Kalam
Insya’
Thalabi

Fiil Amr

ّ
‫ِإ ِني َو َجدت‬

ُ ‫وء ُات‬
َ
‫وه َّن‬

Women in
public life

Wedding

Taukid
ّ
)‫(ان‬

Faidhatul
Khabar/
Newly
discovered
news
Give orders

QS Al-Ahzab [33]:35 presents a clear example of Qur’anic egalitarianism
through its structured repetition of both male and female forms across a range of
spiritual virtues submission, faith, obedience, truthfulness, patience, humility,
charity, fasting, chastity, and remembrance of God. Linguistically, the verse is
constructed in the form of khabar ṭalabī (declarative information with intended
impact) and is reinforced through uslūb al-taʾkīd with the presence of the emphatic
particle inna (‫ ) ِإ َّن‬at the beginning of the verse. According to the science of maʿānī,
such emphasis is used when the addressee (al-mukhāṭab) is assumed to be in a
state of cognitive hesitation (mutaraddid al-dhihn), necessitating reinforcement to
affirm a truth. This device, along with the rhythmic parallel structure of the verse,
functions as taḥrīk al-himmah a rhetorical stimulus to energize moral commitment
culminating in the promised reward: “for them Allah has prepared forgiveness
and a great reward” (‫عظِ يم‬
َ ‫)لَ ُهم َّم ْغف َِرة َوأَجْ ر‬. Classical exegetes such as al-Zamakhsharī
(in al-Kashshāf) affirm that this kind of enumeration is purposeful, reinforcing
theological equality and rejecting the notion of male spiritual superiority. Thus,
when analyzed through balāghah, this verse strongly contests patriarchal
interpretations by positioning men and women as equal moral agents before God.

742 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

This verse (QS. An-Nisā’ [4]:7) contains a declarative (khabar) sentence that
conveys new information to the audience (khabar ibtidā’ī), as it contradicts preIslamic tribal customs that denied women inheritance rights. In balāghah, this
makes the speech functionally informative (fa’īdah al-khabar) a rhetorical strategy
aimed at rectifying unjust societal norms.
The verse uses repetition of the phrase:
"‫َصيب‬
assert equivalency (mutasāwiyān fī alِ ‫ِلر َجا ِل ن‬
ِ ‫ساءِ ن‬
َ ِ‫"ولِلن‬to
ِ ‫ "ل‬and "‫َصيب‬
َ
ta‘bīr). In the framework of ‘ilm al-ma‘ānī, this repetition is not redundant, but
strategic: it serves as tawkīd ma‘nawī (emphatic reinforcement through meaning).
The male and female are mentioned independently with their respective shares,
dismantling male-centralized inheritance logic. The disjunctive style wa (‫)و‬
َ instead
of conjunctive ma‘a (‫ )مع‬reinforces this distinct yet equal status.
The kalām is structured in a straightforward khabar ibtidā’ī mode, because
the audience in 7th-century Arabia would not have expected such a statement.
Hence, its purpose is not merely informative but transformative what alZamakhsharī in al-Kashshāf would call “iḥdāth al-ta‘ajjub” (creating surprise or
shock) to awaken the recipient’s awareness of a major paradigm shift.Further, the
phrase "‫َصيبًا َّم ْف ُروضًا‬
ِ ‫ "ن‬at the end affirms the inheritance as a divinely mandated
portion (mafrūḍ) a technical term with legal connotation. From a stylistic (badī‘)
perspective, this adds both legal gravity and rhetorical finality to the verse.
Tafsīr al-Rāghib (in al-Mufradāt) underscores that “nashīb” (share) denotes
not only a portion but one with moral legitimacy, while Tafsīr al-Kashshāf
emphasizes that the structure li al-rijāl ... wa li al-nisā’ removes any doubt that
women’s right is derivative or optional. Thus, this verse exemplifies how Quranic
rhetoric, via uslūb khabar ibtidā’ī and semantic reinforcement, radically introduces
women as rightful heirs in a socio-economic framework that previously excluded
them. The use of balāghah here demonstrates how rhetorical reform precedes and
enables legal reform.
The phrase “ar-rijālu qawwāmūna ‘ala an-nisā’” ( ِ‫ساء‬
َ َ‫الر َجا ُل قَ َّوا ُمون‬
َ ِ‫علَى الن‬
ِ ) in
Surah An-Nisā’ [4]:34 is often interpreted as endorsing male authority over
women. However, when examined through the lens of balāghah, particularly the
science of kināyah, the term qawwāmūn derived from the root q-w-m (to uphold or
maintain) functions not as an assertion of intrinsic superiority but as an allusion
(kināyah ‘an al-shakhṣ al-mas’ūl) to a responsible caretaker. This kināyah beautifies
the statement (taḥsīn al-ma‘nā wa tazyīnuh) by presenting male responsibility within
the family not as domination, but as a duty grounded in financial and moral
accountability. The rhetorical device avoids blunt hierarchical terminology and
instead offers a relational dynamic based on provision and protection.
As noted by al-Zamakhsharī in al-Kashshāf, this verse is not a declaration of
essential superiority (tafḍīl dhātī) but a functional arrangement (niẓām al-maṣlaḥah)

Hendi Sugianto : Islamic Law And Gendered Inheritance ….| 743

shaped by 7th-century socio-economic norms. The verse, therefore, should be
read as khabar yurādu bihi al-inshā’ (a declarative form with instructive intent), a
common feature in ‘Ilm al-Ma‘ānī, which reflects the Qur’an’s pedagogical style.40
Ultimately, through the application of balāghah, this verse underscores shared
moral responsibility rather than fixed gender hierarchy. It invites reinterpretation
aligned with maqāṣid al-sharī‘ah, particularly the principles of justice (ʿadl),
cooperation (taʿāwun), and the preservation of dignity (ḥifẓ al-karāmah).
In Surah An-Nisā’ [4]:19, the command “wa ‘āshirūhunna bil-ma‘rūf”
( ِ‫عاش ُِروه َُّن بِ ْال َم ْع ُر ْوف‬
َ ‫“ ) َو‬live with them honorably” adopts the rhetorical structure of
kalam inshāʾ ṭalabī and employs a fiʿl amr (imperative verb) derived from the root
(‫ معاشرة‬- ‫ يعاشر‬- ‫)عاشر‬, which connotes intimate social companionship. This
imperative form signifies not just a legal obligation but a moral imperative
addressed to husbands to uphold respectful and kind relations with their wives.
From the perspective of ‘Ilm al-Ma‘ānī, the imperative here is not a mere
grammatical structure, but a ṭalab iltizāmī a directive that requires committed
execution. The term ma‘rūf (well-recognized kindness), according to al-Rāghib alAṣfahānī, encompasses all forms of behavior that align with both reason and
revelation, implying that the husband’s treatment must be shaped by ethical and
socially acceptable norms. Classical exegete Abū Ja‘far al-Ṭabarī elaborates that
ma‘rūf in this context means fulfilling the wife’s rights as mandated by God’s
teachings, including justice, protection, and kindness.41
From a balāghah perspective, this fiʿl amr reinforces both urgency and
ethical elevation. As emphasized by al-Zamakhsharī in al-Kashshāf, the Qur’an’s
command here is not merely legalistic but pedagogical (ta’dībī), shifting the
perception of women from objects of inheritance as was common in pre-Islamic
Arab culture to subjects of moral engagement and dignity. The verse opens with
a legal interdiction against inheriting women forcibly, and transitions into this
moral directive, combining ḥukm (law) with akhlāq (ethics).42
Therefore, through the use of kalam inshāʾ ṭalabī and the rhetorical force of
fiʿl amr, the verse exemplifies how Qur’anic discourse blends legal instruction with
rhetorical grace to establish a family ethic rooted in mutual respect, dignity, and
the higher objectives of Islamic law (maqāṣid al-sharī‘ah), especially ‘adl (justice) and
ḥifẓ al-‘ird (protection of honor). The verse in Surah An-Naml [27]:23, particularly
in the phrase “Innī Wajadtu imra’atan tamliku-hum” (‫) ِإنِي َو َجدت ٱ ْم َرأَة ً ت َْم ِل ُك ُه ْم‬, presents
40 M al Zamakhsharī, “Al-Kashshāf ‘an Ḥaqā’Iq Ghawāmiḍ Al-Tanzīl,” Beirut, Dār Al-

Kitāb Al-‘Arabī, 1986.
41 M al Zamakhsharī, “Al-Kashshāf ‘an Ḥaqā’Iq Ghawāmiḍ Al-Tanzīl,” Beirut, Dār AlKitāb Al-‘Arabī, 1986.
42 Al-Ṭabarī, Abū Jaʿfar. Jāmiʿ al-Bayān fī Taʾwīl Āy al-Qurʾān, Muʾassasat al-Risālah, vol.
8, p. 136–137.

744 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

a case of kalam khabar ṭalabī marked by the particle inna (‫ )إِ َّن‬which functions as
ta’kīd (emphasis). This is part of the hoopoe bird’s report to Prophet Sulaymān
regarding the existence of a woman sovereign leading the people of Saba’. The
use of inna here is not incidental; it performs a rhetorical function of faidah alkhabar providing new and surprising information and tahqīq al-khabar affirming its
truthfulness. 43
From the perspective of ‘Ilm al-Ma‘ānī, the insertion of inna signals the
hoopoe's intent to underscore the reliability and urgency of the message. By using
this emphatic declarative structure, the verse awakens the attention of the listener
and provokes contemplation, especially since the idea of a female ruler would
have been unexpected in a patriarchal society. Classical commentator alZamakhsharī notes in al-Kashshāf that the Qur’an employs this device to amplify
rhetorical force and highlight speaker credibility.
Balāghah-wise, the verse does more than narrate an event; it subtly contests
societal assumptions about gender and authority. The choice of the feminine
noun imra’ah in conjunction with the verb tamliku-hum (she rules them) illustrates
a recognition of legitimate female leadership within a divine narrative. This
rhetorical structure thus serves to shift perceptions, embedding within the verse
a moral and social message: that political authority can justly be exercised by
women, provided they are qualified and just.
Therefore, the uslūb in this verse not only conveys information but also
initiates social reflection, using emphasis and stylistic nuance to elevate Queen
Balqis’s leadership as morally and politically valid thereby challenging any rigid
gender essentialism within Islamic discourse. The verse in Surah An-Nisā’ [4]:25
contains the phrase “Wa ankiḥū al-ayāmā minkum” (‫)وأ َ ْن ِك ُحوا‬
َ in its extended legal
context, in which Allah commands believers to marry off those among them who
are single. The word wa ankiḥū is a fiʿl amr (imperative verb), forming a kalam
inshā’ ṭalabī structure (requestive speech act), signaling a binding legal and ethical
instruction. From a balāghah perspective, the imperative is not arbitrary; it carries
the weight of ṭalab ilzāmī a demand that presupposes both divine authority and
social responsibility.
Derived from the root n-k-ḥa (‫)نَ َك َح‬, the verb ankiḥū is constructed in the
causative form (af‘ilū), denoting the action of facilitating or enabling marriage
rather than merely commanding marriage for oneself. This highlights the
communal and moral obligation placed upon male guardians or society at large to
uphold the dignity of women, especially those who are unmarried or previously
enslaved. In ‘Ilm al-Ma‘ānī, this command structure is interpreted not only as legal

43 Halimatusa’diyah and Triana, “Sexism and Women’s Access to Justice: Feminist
Judging in Indonesian Islamic Judiciary.”

Hendi Sugianto : Islamic Law And Gendered Inheritance ….| 745

authorization but as a promotion of social virtue advocating the integration of
women into marital life to secure social protection and moral stability.
According to classical exegesis, such as that of al-Ṭabarī and al-Qurṭubī, the
command ankiḥū in this verse addresses male guardians (awliyā’) and aims to
eliminate social stigma attached to marrying previously enslaved or lower-class
women. It is both a legislative and rhetorical move: legislative in its legal
implication, and rhetorical in its moral reformation of the audience’s attitudes. As
al-Zamakhsharī notes in al-Kashshāf, the Qur’an’s use of imperative verbs in
contexts of social justice elevates their rhetorical significance, framing them as
ta’dīb (moral instruction) rather than mere administrative regulation.
Balāghah-wise, the imperative fiʿl amr ankiḥū serves to empower the
marginalized (specifically female ex-slaves) by shifting the burden of action to
those in power free men or guardians. It is a strategic rhetorical device that
promotes marriage as an ethical framework, not just a social contract, thereby
embedding the values of dignity, responsibility, and care into Qur’anic legal
discourse. The command in this verse thus underscores the Qur’an’s aim to
elevate women’s social status and affirms their full participation in the legal and
moral order.
Representation of Women in Islamic Law in Quran Verses through
Balaghah Science
Islam makes it extremely clear that women should be positioned relatively
and without discrimination in all spheres of life, including the social, professional,
religious, and reward and punishment systems. Thus, women are portrayed in the
following ways in the passages of the Quran that are a part of Islamic law:
1. Equality between Men and Women in Worship
Allah Subhanahu wa Ta'ala says:

ِ‫الص ِدق‬
ِ ‫الص ِد ٰق‬
ِ ‫ٰت والْ ٰقنِتِْي والْ ٰقنِت‬
ِ ‫ت والْم ْؤِمنِْي والْم ْؤِمن‬
ِ ‫اِ َّن الْمسلِ ِمْي والْمسلِ ٰم‬
ٰ ‫ت َو‬
ٰ ‫ْي َو‬
ٰ ‫ٰت َو‬
‫الصِ ِِبيْ َن‬
ْ
ْ
ْ
َ
َ
َ
ْ ُ َ َْ ْ ُ
َ
َ
ُ
َ
ُ
َ
ۤ
ۤ
ِِ
ِِ
ِ ٰ ‫و‬
ِ ‫الصىٕ ِِ ٰم‬
ِ ‫ت والْمتَص ِدقِْي والْمتَص ِد ٰق‬
ِ ِ
ٰ ‫ْي َو‬
‫ت‬
َّ ‫ت َو‬
َ ْ ‫الصاىِٕم‬
َ ْ ‫الصِ ِٰبت َوا ْْلٰشع‬
َ ُ َ َ ْ َ ُ َ ‫ْي َوا ْْلٰش ٰع‬
َ
ٰ ‫الذكِ ِرين ٰالل َكثِْيا َّو‬
ٰ ِِٰ
ِ ‫الذكِ ٰر‬
ِِ
‫ت اَ َع َّد ٰاللُ ََلُْم َّمغْ ِفَرةً َّواَ ْجًرا َع ِظْي ًما‬
َ ْ ‫َوا ْْلٰفظ‬
ً ْ َ َ ْ ‫ْي فُ ُرْو َج ُه ْم َوا ْْلٰفظت َو‬
Indeed, the Muslim men and Muslim women, the believing men and
believing women, the obedient men and obedient women, the truthful men and
truthful women, the patient men and patient women, the humble men and
humble women, the charitable men and charitable women, the fasting men and
fasting women, the men who guard their private parts and the women who do so,

746 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

and the men who remember Allāh often and the women who do so - for them
Allāh has prepared forgiveness and a great reward. (Al-Aḥzāb [33]:35)44
The representation of women in this verse (QS al-Ahzab [33]:35) contains
uslūb kalām khabar ṭalabī with ta’kīd (‫)إِ َّن‬, as well as targhīb limāh (persuasive
incentive) in the sentence "li-yaghfira lahum wa ajran ‘aẓīman" ( ‫جْرا‬
ً َ ‫ِليَ ْغف َِر لَ ُه ْم َوأ‬
‫عظِ ي ًما‬
َ ), which promises Allah’s forgiveness and great rewards. This verse lists male
and female believers side by side in their spiritual and ethical virtues al-muslimīn
wa al-muslimāt, al-mu’minīn wa al-mu’mināt, etc. The use of symmetrical pairs in
the verse signifies rhetorical balance and intentional equality.45
This literary symmetry serves to refute traditional exegeses that have
marginalized women's spiritual agency. Some early interpreters, such as al-Ṭabarī
and al-Qurṭubī, reported narrations (athar) that the verse was revealed because
women complained about their absence in earlier Qur’anic verses related to
reward. While these interpretations acknowledged female spiritual inclusion, they
often failed to highlight that the structure of the verse itself is a correction to
male-dominant assumptions in both theology and law.46
Using the principles of balāghah, especially ta’kīd and muqābalah (contrastive
parallelism), this verse linguistically dismantles any hierarchy between genders in
matters of piety and divine reward. As ‘Ilm al-Bayān affirms, the presence of inna
at the beginning strengthens the epistemic weight of the statement. Thus, the
verse is not merely informative (khabar ḥaqīqī), but strategically instructional
khabar yurādu bihi al-inshā’, shaping ethical imagination and legal equality.47
From the perspective of Islamic law (fiqh), this verse lays down a theological
foundation for the equal legal capacity (ahliyyah) of women in acts of worship
(ibādah), reward (thawāb), and moral responsibility (taklīf). Therefore, any legal
formulation that limits women's access to religious or spiritual merit must be
evaluated against this Qur’anic structure. In this regard, the balāghī reading
strengthens the legal position that men and women are equal before divine law,
and challenges patriarchal misreadings.48 This finding directly confronts those
who have used selective or silent readings of verses to exclude women from

44 Kemenag, Al-Qur’an Dan Terjemahan (Jakarta: Lajnah Penstashihan Mushaf Al-Qur’an
Badan Litbang dan Diklat Kementrian Agama RI, 2019).
45 Al-Ṭabarī, *Jāmi‘ al-Bayān fī Ta’wīl Āy al-Qur’ān*, vol. 22 (Cairo: Dār al-Ma‘ārif, 2000),
11–13.
46 Al-Zamakhsharī, *al-Kashshāf ‘an Ḥaqā’iq al-Tanzīl*, ed. ‘Abd al-Razzāq al-Mahdī
(Beirut: Dār al-Kutub al-‘Ilmiyyah, 2009), vol. 3, 512.
47 Dede Al Mustaqim, Dila Wasilah, and Afif Muamar, “Qira’Ah Mubadalah Strategy in
Encouraging Women’s Political Participation in Indonesia” 1, no. 1 (2024): 1–12.
48 Amina Wadud, *Qur’an and Woman: Rereading the Sacred Text from a Woman’s
Perspective* (New York: Oxford University Press, 1999), 35–38.

Hendi Sugianto : Islamic Law And Gendered Inheritance ….| 747

religious reward systems, by demonstrating that the Qur’an affirms full gender
parity in spiritual agency through both form (style) and substance (meaning).
2. Women have Economic and Property rights
Allah Subhanahu wa Ta'ala says:

ِ َ‫صيب ِّمَّا تَرَك الْوالِ ٰد ِن و ْاْلَقْ رب و َنٕ ولِلنِس ۤا ِء ن‬
ِ ِ ِ
‫ب ِّمَّا تَ َرَك الْ َوالِ ٰد ِن َو ْاْلَقْ َربُ ْو َن ِّمَّا قَ َّل‬
‫ي‬
‫ص‬
ٌْ
ٌ ْ َ‫ل ِلر َجال ن‬
َ َ ْ َُ َ َ َ
ِ َ‫ِمْنه اَو َكثُر ٕ ن‬
‫ضا‬
ً ‫صْي بًا َّم ْف ُرْو‬
َ ْ ُ

For men is a share of what the parents and close relatives leave, and for
women is a share of what the parents and close relatives leave, be it little or much
- an obligatory share. (An-Nisā' [4]:7)49

This verse employs uslūb kalām khabar ibtidā’ī with the rhetorical purpose
of faidah al-khabar introducing new legal information that redefines existing
norms. The construction “‫َصيْب‬
ِ ‫س ۤاءِ ن‬
ِ ‫ِلر َجا ِل ن‬
َ ِ‫ َولِلن‬...‫َصيْب‬
ِ ‫ل‬...” (“Men have a share... and
women have a share...”) is a deliberate parallelism (muqābalah) that emphasizes
equality in legal entitlement, reinforced by the declarative structure. According to
‘Ilm al-Ma‘ānī, this is a form of khabar yurādu bihi al-inshā’ a declarative sentence
intended to serve a legislative function, not just narrative. The term naṣīban
mafruḍan (a determined share) signals a binding command, not a symbolic gesture.
Classical and some contemporary commentators have interpreted this
verse within a patriarchal framework, emphasizing the quantitative difference in
inheritance (2:1 ratio) as evidence of female legal inferiority. However, this fails
to account for the maqṣidī and balāghī dimensions of the verse. For instance, Ibn
Kathīr states that the inheritance of women is lesser due to the financial
responsibilities placed upon men.50 However, this view overlooks the
independent economic agency granted to women in Islamic law. Al-Ṭabarī,
quoting al-Shaʿbī, records the asbāb al-nuzūl involving Tsaʿlabah’s wife, whose
complaint over unjust property distribution led to this verse’s revelation—clearly
positioning it as a corrective measure to a systemic injustice, not a codification of
male privilege.51
Furthermore, the assertion that this verse upholds male superiority is
refuted by its balāghī design: the repetition of the word naṣīb (share) and its
association with both al-rijāl and al-nisā’ establishes ontological parity. The
semantic field of naṣīb in Qur'anic usage denotes legal entitlement, not favor or
charity.
49 Kemenag, Al-Qur’an Dan Terjemahan.
50 Ibn Kathīr. (2000). Tafsīr al-Qur’ān al-‘Aẓīm, vol. 2. Riyadh: Dār Ṭayyibah, pp. 230–231
51 Al-Ṭabarī, Muḥammad ibn Jarīr. (2000). Jāmi‘ al-Bayān fī Ta’wīl Āy al-Qur’ān, vol. 8.
Beirut: Dār Ihyā’ al-Turāth al-‘Arabī, pp. 48–49

748 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

In Islamic legal theory (uṣūl al-fiqh), khabar that contains decisive wording
(ṣīghat jazm) and is not contradicted elsewhere functions as a source of ḥukm sharʿī.
The phrase naṣīban mafruḍan fulfills this, thereby establishing an unambiguous
legal mandate. From the perspective of fiqh, this is categorized under ḥaqq mālī
(property right), which cannot be annulled without due process (qaḍā’).52
Moreover, according to qāʿidah fiqhiyyah “al-ḥaqq lā yuṭalu bi-l-jahl” (rights
cannot be nullified due to ignorance) women's inheritance rights are permanent
and protected, regardless of social perception. The verse becomes a legal shield,
rhetorically reinforced through its structure. Contemporary case studies reinforce
this Qur’anic legal philosophy. Hidayati et al. (2022) documented Muslim women
at UIN Salatiga who received and independently managed inheritance. One
woman, for example, used her inheritance to build a boarding house for passive
income, investing in her children’s education. Another inherited gold and
capitalized it into an e-commerce business, retaining full legal and financial
control, while her husband remained responsible for family expenses.53
These examples prove two points: (1) Islamic law recognizes and protects
female economic agency; and (2) the Qur'anic verse is practically implemented as
a means of tamkīn al-mar’ah (female empowerment) without disrupting gender
harmony in domestic roles. Hence, Surah An-Nisā’ [4]:7 does not merely declare
women’s rights symbolically. Through uslūb khabar ibtidā’ī, emphasis via repetition,
and semantic parallelism, the verse challenges androcentric exegesis and provides
a balaghah-based foundation for gender-equitable Islamic jurisprudence. The
Qur’anic rhetorical strategy is not just informative but transformative replacing
cultural bias with divine equity, rooted in ‘adl (justice), ḥifẓ al-māl (preservation of
wealth), and karāmah (dignity).
3. The Role of Women in the Family
Allah Subhanahu wa Ta'ala says:

ِ ‫ال قَ َّوامو َن علَى النِس ۤا ِء‬
ٍ ‫ض ُه ْم َع ٰلى بَ ْع‬
ٕ ‫ض َّوِِبَإ اَنْ َف ُق ْوا ِم ْن اَْم َواَلِِ ْم‬
‫ض‬
‫ف‬
‫ا‬
‫ِب‬
َ
َ
َ ‫َّل ٰاللُ بَ ْع‬
َ ْ ُ ُ ‫اَ ِلر َج‬
َ
َ
ِ
ِ ‫الصلِ ٰح‬
ِ ‫ت لِلْغَْي‬
‫ظ ٰاللُ ٕ َو ٰال ِ ْت ََتَافُ ْو َن نُ ُش ْوَزُه َّن فَعِظُْوُه َّن َو ْاه ُج ُرْوُه َّن ِف‬
َ ‫ب ِِبَا َح ِف‬
ٌ ‫ٰت ٰحف ٰظ‬
ٌ ‫ت ٰقنت‬
ُ ٰ َ‫ف‬
ِ ‫الْمض‬
‫اض ِربُ ْوُه َّن ٕ فَاِ ْن اَطَ ْعنَ ُك ْم فَ َل تَ ْب غُ ْوا َعلَْي ِه َّن َسبِْي ًل ٕاِ َّن ٰاللَ َكا َن َعلِيًّا َكبِ ْ ًْيا‬
ْ ‫اج ِع َو‬
َ َ

52 Al-Zarkashī, Badr al-Dīn. (1994). Al-Burhān fī ‘Ulūm al-Qur’ān, vol. 2. Beirut: Dār al-

Ma‘rifah, p. 311; Al-Ghazālī. (1993). Al-Mustaṣfā min ‘Ilm al-Uṣūl, vol. 1. Beirut: Mu’assasat alRisālah, p. 89.
53 Hidayati, R., Sulistyaningsih, D., & Syamsuri, A. (2022). Women's Inheritance Rights and
Financial Empowerment: A Case Study at UIN Salatiga. Indonesian Journal of Islamic Economics Research,
5(2), 121–138.

Hendi Sugianto : Islamic Law And Gendered Inheritance ….| 749

Men are the protectors and maintainers of women by what Allah has given one
over the other and what they spend from their wealth. So righteous women are
devoutly obedient, guarding in [the husband’s] absence what Allah would have
them guard. But those [wives] from whom you fear arrogance – advise them; then
if they persist, forsake them in bed; and [finally], strike them. But if they obey you
[once more], seek no means against them. Indeed, Allah is ever Exalted and
Grand. (An-Nisā' [4]:34)54
The verse of QS An-Nisāʾ [4]:34 begins with:“Al-rijālu qawwāmūna ‘ala alnisā’...” ( ِ‫ساء‬
َ َ‫ٱلر َجا ُل قَ َّوا ُمون‬
َ ِ‫علَى ٱلن‬
ِ ),which literally translates to: “Men are qawwām
55
over women.” This expression employs the rhetorical figure of kināyah,
particularly kināyah ‘an al-shakhs al-mas’ūl (a figurative allusion to a person who
bears responsibility), referring to the man’s functional role as caretaker, not his
ontological superiority . The word qawwāmūn is derived from the root qāma–
yaqūmu, which means to stand or uphold something. In balāghah, this use of
kināyah serves to beautify meaning (taḥsīn al-maʿnā) and avoid explicit assertions
of hierarchical authority. 56
The function of this verse is declarative (khabar ibtidā’ī), yet it serves a legal
and ethical instruction (khabar yurādu bihi al-inshā’) under ‘Ilm al-Maʿānī,
emphasizing qiwāmah as accountability and care, not domination. In classical tafsīr,
al-Ṭabarī narrates the asbāb al-nuzūl of this verse involving a woman from the
Anṣār who was physically harmed by her husband. The Prophet ‫ ﷺ‬initially
ordered qiṣāṣ (retribution), but the revelation of this verse altered the decision,
shifting the framework from retaliation to structured responsibility.
Feminist exegete Amina Wadud argues that the fadl (preference) mentioned
in the verse is not ontological but functional, based on historical access to
financial and public roles. She interprets qiwāmah as a contextual construct shaped
by societal needs rather than divine essentialism. The verse further states: “bi-mā
faḍḍalallāhu baʿḍahum ‘alā baʿḍ wa bi-mā anfaqū...”This clause explains qiwāmah
as contingent on two factors: (1) contextual differentiation (tafḍīl), and (2)
economic responsibility (nafaqah). This conditional authority undermines
arguments for absolute patriarchy and aligns with maqāṣid al-sharīʿah goals of
justice (‘adl) and preservation of family (ḥifẓ al-nafs).
From a balāghī standpoint, this verse is structured to restrain abusive
interpretations. The progression of instructions (faʿiẓūhunna, wahjurūhunna,
waḍribūhunna) follows a rhetorical strategy of gradual correction (tadarruj), not license
for violence. Al-Zamakhsharī, in al-Kashshāf, explains that each step is a conditional
54 Kemenag, Al-Qur’an Dan Terjemahan.
55 Hamka.

56 Nurmala, Sumbulah, and Nurbayan, “Ideal-Normative and Socio-Historical
Approaches to Gender Equality Verses: A Study of Riffat Hassan’s Thought.”

750 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

escalation only when moral appeal fails, and even ḍarb is interpreted metaphorically
or restricted by the Prophet’s practice of never striking women . 57

This Qur’anic rhetoric is corroborated by contemporary field studies.
Hidayati et al. studied fifteen female civil servants at UIN Salatiga who balanced
their roles as professionals, mothers, and wives. Their domestic arrangements
reflected qiwāmah as mutual responsibility:58
1. Financial Planning: Couples jointly planned household expenditures,
prioritizing family needs.
2. Domestic Reciprocity: Husbands and wives shared chores depending on work
schedules.
3. Economic Agency: Wives administered income from family assets or
businesses independently.
4. Spiritual Partnership: Both spouses supported each other’s piety through
shared prayer and learning.
5. Digital Safeguarding: They cooperated in monitoring children’s media
exposure .
These practices affirm that qiwāmah in practice is neither rigid nor
authoritarian, but ethically charged and dialogical. Rather than reinforcing gender
asymmetry, the verse offers a framework for ethical guardianship rooted in
balance, not dominance.
4. Women have Protection from Injustice
Allah Subhanahu wa Ta'ala says:

ۤ ِ
ِ
ِ
ِ ‫ضلُ ْوُه َّن لِتَ ْذ َهبُ ْوا بِبَ ْع‬
ٕ‫ض َما‬
ُ ‫ٰيٕاَيُّ َها الَّذيْ َن اٰ َمنُ ْوا َْل ََي ُّل لَ ُك ْم اَ ْن تَ ِرثُوا الن َساءَ َك ْرًها ٕ َوَْل تَ ْع‬
ِ
ِ ‫اشروه َّن ِِبلْمعرو‬
ِ
ٍ ٍ ِ ِ ِ‫اٰتَي تُموه َّن اَِّْلٕ اَ ْن ََّّيْت‬
‫سٕى‬
ٰ ‫ف ٕ فَا ْن َك ِرْهتُ ُم ْوُه َّن فَ َع‬
َْ
ُُْ ْ
ْ ُ ْ َ ُ ْ ُ ‫ْي ب َفاح َشة ُّمبَ يِنَة ٕ َو َع‬
‫اَ ْن تَكَْرُه ْوا َشْي ٕ ًِا َّوََْي َع َل ٰاللُ فِْي ِه َخ ْ ًْيا َكثِ ْ ًْيا‬

O you who have believed, it is not lawful for you to inherit women by
compulsion. And do not make difficulties for them in order to take [back] part of
what you gave them unless they commit a clear immorality. And live with them
in kindness. For if you dislike them – perhaps you dislike a thing and Allah makes
therein much good. (An-Nisā' [4]:19).59
57 Tri Wahyu Hidayati, Ulfah Susilawati, and Endang Sriani, “Dynamics of Family Fiqh: The

Multiple Roles of Women in Realizing Family Resilience,”
58 Hidayati, R., Wahid, A., & Nurhayati, I. (2022). “Peran Ganda Perempuan Muslim
Profesional dalam Perspektif Islam.” Jurnal Gender dan Sosial Keagamaan, 18(1), 117–135.
59 Kemenag, Al-Qur’an Dan Terjemahan.

Hendi Sugianto : Islamic Law And Gendered Inheritance ….| 751

Surah An-Nisa verse 19 contains kalam insya, which gives important
instructions regarding how to get along with women in marriage. This verse
commands, "dan bergaullah dengan mereka secara patut." Some scholars interpret it as
an obligation to do good to wives, both those they love and those they don't. 60
Which emphasizes the importance of sound and fair treatment of wives. Because
during the Jahiliyah period, women were treated like merchandise to be bought
and sold in marriage and had no rights. So, Surah an-Nisa verse 19 urges believers
to leave this culture because it is full of injustice. One of the practices is treating
women as inheritance and degrading them.61 This commandment underlines that
the relationship between husband and wife must be based on kindness, respect
and empathy. In this way, Islam elevates women's position in marriage, ensuring
they are treated with dignity and compassion. Therefore, surah an-Nisa verse 19
emphasizes two main things: first, the prohibition on committing detrimental
actions to women, and second, the command to marry and behave well, especially
towards wives. This verse shows that the Quran provides a solution for married
life by fulfilling the meaning of ma'ruf, namely goodness according to applicable
sharia standards, including providing support and love to the wife.
Jasser Auda’s thoughts have had a real impact on the practice of family
law in Indonesia, for instance through the recognition of cerai gugat (womaninitiated divorce). Before legal reforms, only husbands had the formal right to
pronounce ṭalāq; now, Law No. 7/1989 and the Compilation of Islamic Law grant
wives the equal opportunity to file for divorce in religious courts. This reflects the
principle of wa ‘āshirūhunna bil-ma‘rūf (live with them in kindness) as stated in Surah
An-Nisāʾ [4]:19 not only by prohibiting harmful treatment but also by allowing
women legal space to act when a marriage becomes unjust. Thus, the reform of
Islamic family law not only abolishes the patriarchal treatment of women found
in pre-Islamic practices but also strengthens women’s rights to seek justice
emotionally, financially, and morally within the family in accordance with the
maqāṣid al-sharī‘ah that promote gender equality in a holistic manner. 62
Surah An-Nisāʾ [4]:19 contains uslūb kalām inshā’ ṭalabī through the
expression "wa ‘āshirūhunna bil-ma‘rūf" ( ِ‫عاش ُِروه َُّن بِ ْال َم ْع ُر ْوف‬
َ ‫) َو‬, a command form (fiʿl
amr) derived from the trilateral root ‘-sh-r (‫ معاشرة‬- ‫ يعاشر‬- ‫)عاشر‬, meaning to
associate or live together intimately. According to scholars of ‘Ilm al-Ma‘ānī, this
is not a neutral command, but a ṭalab ilzāmī a binding moral obligation, reinforced
rhetorically by the imperative structure that functions to emphasize ethical
60 Samsudin, Lilik Andaryuni, and Muhammad Idris, “Reinterpretasi Makna Kekerasan

Terhadap Perempuan:(Studi Kajian Tematik Tentang Terminologi Kekerasan Dalam Al-Qur’an),”
MAQASID 13, no. 1 (2024): 72–85.
61 Abdullah Qomaruddin, “Tafsir Ayat Ahkam QS Annisa Ayat 19-20,” n.d.
62 Royan Utsany and Afrizal TW, “Women’s Rights and Gender Equality: An Analysis
of Jasser Auda’s Thoughts and His Contribution to Renewal of Islamic Family Law in Indonesia,”
Journal of Islamic Law 3 (2022): 54.

752 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

behavior in marital life, beyond the mere legal minimum.63 The imperative verb
‘āshirū serves a transformative rhetorical purpose. It acts as a discursive correction
of the pre-Islamic custom that allowed men to inherit and mistreat women. This
shift is strengthened by the inclusion of the term bil-ma‘rūf, which, according to
al-Rāghib al-Aṣfahānī, encompasses acts of kindness, justice, and proper behavior
sanctioned by both reason and divine law.64
Thus, the verse is not only legalistic but ethically instructive (ta’dībī),
urging men to internalize compassion and justice within the marital relationship.
Moreover, the use of fiʿl amr in this verse is stylistically powerful, as noted by alZamakhsharī in al-Kashshāf, where he explains that imperative forms often carry
rhetorical force that surpasses legal prescription, embedding moral pedagogy into
divine instruction.65 The juxtaposition between the prohibition "lā yaḥillu lakum
an tarithū al-nisā’ karhan" and the command to treat women bil-ma‘rūf intensifies
this rhetorical effect, transforming marriage from a transactional arrangement into
a spiritually dignified bond.66
In the contemporary context, this rhetorical directive has found tangible
reflection in Islamic legal reforms. For example, Indonesia's recognition of cerai
gugat (female-initiated divorce) through Law No. 7/1989 and the Compilation of
Islamic Law represents the legislative actualization of wa ‘āshirūhunna bil-ma‘rūf
providing women with a legitimate means to seek justice when marriage becomes
harmful. Jasser Auda argues that such reforms embody the maqāṣid al-sharī‘ah
(higher objectives of Islamic law), particularly the principle of ḥifẓ al-‘ird
(preservation of dignity), reinforcing that ma‘rūf is not static but contextual and
evolving. Hence, the verse merges rhetoric and law: the balāghah of the imperative
is not merely decorative it becomes the vehicle through which the Qur’an restores
women’s dignity and agency within marriage. The syntactic force of fiʿl amr, the
semantic scope of ma‘rūf, and the context of prohibition create a multilayered
command that upholds justice, kindness, and protection from systemic gender
injustice.
5. Women's Participation in Public Life
Allah Subhanahu wa Ta'ala says:

63 Ibn ʿĀshūr, Muḥammad al-Ṭāhir. Al-Taḥrīr wa al-Tanwīr. Tunis: Dār Sahnūn, 1997, jil.
4, hlm. 244.
64 Al-Rāghib al-Aṣfahānī. Al-Mufradāt fī Gharīb al-Qur’ān. Beirut: Dār al-Qalam, 2006,
hlm. 513
65 Al-Zamakhsharī. Al-Kashshāf ʿan Ḥaqā’iq Ghawāmiḍ al-Tanzīl. Kairo: Dār al-Fikr, 1998,
jil. 1, hlm. 525.
66 Auda, Jasser. Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach. London:
IIIT, 2008, hlm. 123–125.

Hendi Sugianto : Islamic Law And Gendered Inheritance ….| 753

ٍ
ِ ‫ت امراَةً َتَْلِ ُكهم واُوتِي‬
ِِ
‫ش َع ِظْي ٌم‬
ْ َ ْ َ ُْ
ٌ ‫ت م ْن ُك ِل َش ْيء َّوََلَا َع ْر‬
َ ْ ُّ ‫ّن َو َج ْد‬
ْ‫ا‬

Indeed, I found [there] a woman ruling them, and she has been given of all
things, and she has a great throne. (An-Naml [27]:23).67

This verse contains uslūb kalām khabar ṭalabī, a declarative structure
introduced by the emphatic particle inna (‫)إِنِي‬, which in balāghah serves to assert
the truth of a statement and invoke listener attention (faidah al-khabar). Here, the
hoopoe (hud-hud) informs Solomon of an unusual discovery: a woman, Queen
Balqis, ruling over a nation. The rhetorical strategy is significant: it highlights the
legitimacy and exceptional status of female leadership, particularly in a patriarchal
context where such roles were unexpected.
The phrase tamlikuhum (‫)تملكهم‬, indicating rulership, is presented without
condemnation, sarcasm, or disapproval. As al-Rāghib al-Aṣfahānī points out, the
positive lexical framing used to describe Balqis being granted all resources and
possessing a grand throne implies affirmation, not critique. This indicates that her
political authority is acknowledged, even admired, within the Qur'anic narrative.68
From an Islamic legal perspective, this verse provides a normative framework
indicating that women can hold positions of public leadership, provided they meet
the standards of justice (‘adālah), competence (kifāyah), and public benefit
(maṣlaḥah). As Jasser Auda asserts, Islamic law should be interpreted holistically
through a maqāṣid-oriented and system-based lens, emphasizing justice and the
empowerment of marginalized voices. Classical commentators like al-Qurṭubī
and al-Zamakhsharī do not dispute Balqis’ authority; instead, they analyze her
governance in relation to Solomon's prophetic mission. Notably, al-Zamakhsharī
observes that the verse's structure carries no rebuke, and the depiction of her
throne and comprehensive control is linguistically celebratory rather than critical.
This Qur’anic image is echoed in modern empirical contexts. A study by
Rambe, Dompak, and Salsabila (2023) reported a 37% nomination rate of female
candidates in Indonesia's 2024 parliamentary elections (DPR RI), though only
21.9% secured seats.69 These figures highlight both women’s increasing ambition
in public leadership and the persistent structural barriers to full representation.
Nonetheless, this mirrors the message of Queen Balqis: leadership is not genderexclusive but capacity-dependent.

67 Kemenag, Al-Qur’an Dan Terjemahan.
68 Abdurrohman Al Asy’ari and Robingun Suyud El Syam, “Kepemimpinan Wanita
Menurut Al-Qur’an (Kajian Komparasi Tafsir As-Sya’rawi Dan Shafwatut At-Tafasir Surat AnNaml Ayat 29-33,” Jurnal Pendidikan, Sains Sosial, Dan Agama 8, no. 1 (2022): 241–52.
69 Dompak Rambe dan Humaira Salsabila, Keterwakilan Perempuan dalam Politik (Studi
Kasus: Caleg Perempuan DPR RI Tahun 2024–2029), Jurnal Pemerintahan dan Politik 10, no. 1
(Februari 2025): 22, https://ejournal.uigm.ac.id/index.php/PDP/article/view/5192.

754 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

Thus, the verse serves as both a rhetorical and legislative declaration. It
challenges androcentric assumptions by employing affirmative declarative
structures (khabar ṭalabī), ta’kīd, and semantic dignity. It lays the foundation for
gender-equitable participation in governance as a manifestation of Islamic values,
rooted in ‘adl (justice), shūrā (consultation), and maṣlaḥah (public interest).
6. Wedding
Allah Subhanahu wa Ta'ala says:

ِ ‫ٰت الْم ْؤِمن‬
ِ ‫ومن ََّّل يستَ ِطع ِمْن ُكم طَوًْل اَ ْن يَّْنكِح الْمح‬
‫ت اَْْيَانُ ُك ْم ِم ْن فَتَ ٰيتِ ُك ُم‬
ْ ‫ٰت فَ ِم ْن َّما َملَ َك‬
َ ُْ َ
ْ ْ ْ ْ َ ْ ْ ََ
ُ ‫صن‬
ِ
ِ
ِ
ِ
ِ ‫الْم ْؤِمن‬
ِ
ٍ ‫ض ُك ْم م ْنٕ بَ ْع‬
‫ضٕ فَانْك ُح ْوُه َّن ِِبِ ْذن اَ ْهل ِه َّن َواٰتُ ْوُه َّن‬
ُ ‫ٰتٕ َو ٰاللُ اَ ْعلَ ُم ِِبِْْيَان ُك ْم ٕ بَ ْع‬
ُ
ِ ‫اُجوره َّن ِِبلْمعرو‬
ٍ‫اح َشة‬
ِ ‫ص َّن فَاِ ْن اَتَْي بَِف‬
ِ ‫َّخ ٰذ‬
ِ ‫ت َّوَْل مت‬
ِ ‫ت اَخ َد ٍان ٕ فَاِذَآ اُح‬
ٍ ‫ٰت َغْي م ٰس ِف ٰح‬
ٍ ‫ف ُُْمصن‬
ْ
َْ
ْ
َ
ُ
ُ َْ
ُْْ َ ُ َ ْ ُ
ِ
ِ
ِ
ِ
ِ
ِ
ِ
ِ ‫صنٰت من الْ َع َذ‬
‫صِِبُْوا‬
َ ‫ابٕ ٰذل‬
ُ ‫ص‬
ْ َ‫ت مْن ُك ْم ٕ َواَ ْن ت‬
َ َ‫ك ل َم ْن َخش َي الْ َعن‬
ْ ‫فَ َعلَْي ِه َّن ن‬
َ ‫ف َما َعلَى الْ ُم ْح‬
َ
ٕ ‫َخ ْْيٌ لَّ ُك ْم ٕ َو ٰاللُ َغ ُف ْوٌر َّرِحْي ٌم‬
And whoever among you cannot [find] the means to marry free, believing
women, then [he may marry] from those whom your right hands possess of
believing slave girls. And Allah is most knowing about your faith. You [believers]
are of one another. So marry them with the permission of their people and give
them their due compensation according to what is acceptable. [They should be]
chaste, neither [of] those who commit unlawful intercourse randomly nor those
who take them as mistresses. But once they are sheltered in marriage, if they
should commit adultery, then for them is half the punishment of free [unmarried]
women. This [allowance] is for him among you who fears sin, but to be patient is
better for you. And Allah is Forgiving and Merciful. (An-Nisā' [4]:25)70
This verse conveys a powerful command using uslūb inshā’ ṭalabī, especially
in the phrase “wa ātūhunna ujurahunna bi al-maʿrūf” (and give them their dowry in a
fair manner). From a balāghah standpoint, the use of the imperative verb (fiʿl
amr) here indicates not merely a social recommendation but a binding obligation.
According to ‘Ilm al-Ma‘ānī, such verbal construction constitutes a ṭalab ilzāmīa
demand that carries legal and moral weight. This form of khitāb shows that mahr
is a right that women are entitled to receive unconditionally, not as a favor or as
a result of their social position. The expression bi al-maʿrūf further reinforces the
requirement for fairness, appropriateness, and respect, aligning with the broader
ethical principles of Islamic law. From a semantic perspective, the term ujūr
(plural of mahr) functions as a synecdoche for women’s broader marital rights,
including autonomy, dignity, and respect.
70 Kemenag, Al-Qur’an Dan Terjemahan.

Hendi Sugianto : Islamic Law And Gendered Inheritance ….| 755

Classical exegetes such as al-Ṭabarī (d. 310 H) explain the verse as a
corrective measure against the misuse of enslaved women during the pre-Islamic
era. He cites traditions that this verse was revealed to elevate the marital rights of
even those considered socially inferior, thus emphasizing Islam’s commitment to
equity and human dignity in marriage (al-Ṭabarī, Jāmiʿ al-Bayān, vol. 8, p.
163).Furthermore, in uṣūl al-fiqh, the imperative form (amr) that comes without
an accompanying condition (qarīnah) and is related to transactional relationships
(muʿāmalāt) is interpreted as conveying obligation (wujūb). Thus, this verse lays
a definitive legal foundation affirming women’s financial rights in marriage and
promoting justice and economic security from the outset of the marital contract.
This perspective is strongly reinforced by contemporary scholarship. For
instance, Beddu, Mas’ari, and Yanti argue that mahr in Islamic law is not merely
symbolic but serves as a juridical instrument for preserving women’s rights and
dignity. 71 Their study confirms that mahr: 1) Establishes the woman’s
independent economic identity. 2) Acts as financial protection during and after
marriage. 3) Symbolizes the husband's willingness to uphold her rights and
honor.From the perspective of maqāṣid al-sharīʿah, mahr aligns with: ḥifẓ al-‘irḍ
(protection of dignity),ḥifẓ al-māl (protection of wealth), and al-‘adālah (justice),
positioning women as rightful and dignified participants in the institution of
marriage.
This Qur’anic verse, therefore, provides both a legal mandate and a
rhetorical device to transform the institution of marriage from a power-based
transaction to a partnership built on mutual respect and equitable rights. It serves
as a theological and legal foundation for tamkīn al-mar’ah (women’s
empowerment) and confirms that in Islam, marriage is a covenant of honor—not
a hierarchy of domination.
Conclusion
This study offers an original contribution to the discourse on gender justice
in Islam by employing the science of Balāghah as a hermeneutical framework to
analyze key Qur’anic verses related to women. Through systematic analysis of
khabar ibtidā’ī, khabar yurādu bihi al-inshā’, uslūb inshā’ ṭalabī, and kināyah, we find
that the Qur’anic language consistently affirms the dignity, agency, and equality
of women in legal, economic, social, and moral spheres.Rather than interpreting
legal texts through a patriarchal lens, the Balāghah-based approach exposes how
rhetorical precision serves to protect and empower women, as seen in verses on
71 Muhammad Juni Beddu, Ahmad Mas’ari, dan Novi Yanti, “Mahar sebagai Instrumen
Perlindungan Hak-hak Perempuan dalam Pernikahan: Perspektif Hukum Islam,” Al-Mutharahah: Jurnal
Penelitian dan Kajian Sosial Keagamaan 21, no. 1 (2024): 474–485.

756 | Al-Istinbath: Jurnal Hukum Islam, Vol. 10, No. 2, 2025

inheritance (Qur’an 4:7), marital ethics (Qur’an 4:19), economic agency (Qur’an
4:25), and political leadership (Qur’an 27:23). These findings challenge longstanding exegetical assumptions that have marginalized women’s roles in Islamic
jurisprudence.
The implications of this study are both theoretical and practical. At the
theoretical level, it invites scholars to integrate rhetorical analysis into mainstream
uṣūl al-fiqh and tafsīr. At the practical level, this method may serve as a normative
foundation for gender-equitable legal reforms, particularly in contexts such as
marriage contracts, guardianship, and judicial fatwas. Future research should
explore the application of Balāghah in reinterpreting other contested areas of
Islamic family law, such as ṭalāq, wilāyah, and qiwāmah.
Thus, the Qur’anic rhetoric, when properly understood, does not merely
tolerate women’s rightsit enshrines them. The use of Balāghah is not an academic
ornament but a critical key to unlock Qur’anic intent in its most just and
comprehensive form. A paradigm shift is therefore necessary one that grounds
Islamic legal interpretation not in inherited norms, but in the eloquence, justice,
and ethical universality of the divine Word itself.
Acknowledgments
The authors would like to express their deepest gratitude to PMU-BIB
The Ministry of Religious Affairs (KEMENAG) and the Indonesia Endowment
Fund for Education Agency (LPDP) for sponsoring the doctoral study and
supporting this article’s publication. Funding of this work was supported by the
Indonesia Endowment Fund for Education Agency (LPDP).
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