Women's Fiqh

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This approach, while fully accepting the famous Fatwas, goes a step further and employs a theological and philosophical effort to rationally justify distinctions and persuade public opinion, considering itself obliged to provide a rational and wisdom-based support for Fiqhi rulings. This approach is crystallized in the works of individuals such as [[Sayyid Muhammad Husayn Tabatabai|Allameh Tabatabai]], [[Morteza Motahhari|Motahhari]], [[Muhammad Taqi Misbah Yazdi|Misbah Yazdi]], and [[Abdullah Javadi Amoli|Javadi Amoli]]. In this approach, jurists, while accepting and adhering to famous Fiqhi rulings, try to explain the wisdom and basis of these legal distinctions using rational and theological foundations and answer the doubts and criticisms raised in the modern world.

For example, Morteza Motahhari, by analyzing [[Men's headship over the family]] (Qawamiyyah) in the ~~Quran (~~[[~~Verse 34 of Surah An-Nisa|Nisa~~: 34]]), does not consider man's guardianship as his absolute superiority, but relates it to the aggregate of the man's relative advantages in the family structure. In his belief, the expression "bima faddala Allahu ba'dahum ala ba'd" (by what Allah has given one over the other) indicates that each man and woman has their own specific advantages and superiority is mutual.<ref>Motahhari, ''Collection of Works'', Vol. 29, p. 447.</ref> Abdullah Javadi Amoli, in justifying [[Equality of blood money for men and women|inequality of blood money]], believes this ruling has no relation to the spiritual, scientific, or practical value of individuals, but rather looks at the economic consequences of murder and the man's economic role in the family, emphasizing that just as the blood money of a scientist and an illiterate person is the same, this matter does not indicate a reduction in the woman's status.<ref>Javadi, ''Woman in the Mirror of Glory and Beauty'', pp. 354-355.</ref> Also, Muhammad Taqi Misbah Yazdi considers the wisdom of the difference in accepting [[Women's testimony in court|women's testimony]] to be related to preserving the rights of individuals. Men, due to difference in creation, are more alert in recording events precisely, and due to less dominance of emotions, are less influenced by feelings in the position of giving testimony. The Lawgiver has accepted the principle of women's testimony but, as a precautionary measure, has considered the testimony of a second woman necessary to complete and confirm the testimony of the first woman.<ref>Misbah Yazdi, ''Questions and Answers'', Vol. 5, pp. 296-298.</ref>

For example, Morteza Motahhari, by analyzing [[Men's headship over the family]] (Qawamiyyah) in the [[Quran 4:34]], does not consider man's guardianship as his absolute superiority, but relates it to the aggregate of the man's relative advantages in the family structure. In his belief, the expression "bima faddala Allahu ba'dahum ala ba'd" (by what Allah has given one over the other) indicates that each man and woman has their own specific advantages and superiority is mutual.<ref>Motahhari, ''Collection of Works'', Vol. 29, p. 447.</ref> Abdullah Javadi Amoli, in justifying [[Equality of blood money for men and women|inequality of blood money]], believes this ruling has no relation to the spiritual, scientific, or practical value of individuals, but rather looks at the economic consequences of murder and the man's economic role in the family, emphasizing that just as the blood money of a scientist and an illiterate person is the same, this matter does not indicate a reduction in the woman's status.<ref>Javadi, ''Woman in the Mirror of Glory and Beauty'', pp. 354-355.</ref> Also, Muhammad Taqi Misbah Yazdi considers the wisdom of the difference in accepting [[Women's testimony in court|women's testimony]] to be related to preserving the rights of individuals. Men, due to difference in creation, are more alert in recording events precisely, and due to less dominance of emotions, are less influenced by feelings in the position of giving testimony. The Lawgiver has accepted the principle of women's testimony but, as a precautionary measure, has considered the testimony of a second woman necessary to complete and confirm the testimony of the first woman.<ref>Misbah Yazdi, ''Questions and Answers'', Vol. 5, pp. 296-298.</ref>

=== Reducing Distinctions in the Execution Stage of Shari'a Rulings ===

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=== Reducing Distinctions by Rethinking Fiqhi Evidence ===

This approach, unlike the three previous approaches, directly intervenes in the Fatwa stage and achieves egalitarian Fatwas by critical re-reading of evidence and disputing the chain of transmission (Sanad) or indication (Dalalah) of narrations. For example, [[~~Muhammad Ibrahim~~ Jannati Shahroudi~~|Muhammad Ibrahim Jannati~~]], in this very line, believes: "Holding the position of judgeship by a woman, provided she possesses the conditions, is not impeded. For women, holding other positions such as social, political, scientific, cultural, artistic, managerial positions, presidencies, etc., provided they have the capability to perform them and maintain Shari'a standards regarding covering and otherwise, is not problematic."<ref>Jannati, Selected Fatwas, contained in the information website of Ayatollah Jannati.</ref> This approach is committed to following the common Usuli method among jurists and believes that even with the same common methods, rethinking the evidence can lead to new opinions.

This approach, unlike the three previous approaches, directly intervenes in the Fatwa stage and achieves egalitarian Fatwas by critical re-reading of evidence and disputing the chain of transmission (Sanad) or indication (Dalalah) of narrations. For example, [[Mohammad-Ebrahim Jannati Shahroudi]], in this very line, believes: "Holding the position of judgeship by a woman, provided she possesses the conditions, is not impeded. For women, holding other positions such as social, political, scientific, cultural, artistic, managerial positions, presidencies, etc., provided they have the capability to perform them and maintain Shari'a standards regarding covering and otherwise, is not problematic."<ref>Jannati, Selected Fatwas, contained in the information website of Ayatollah Jannati.</ref> This approach is committed to following the common Usuli method among jurists and believes that even with the same common methods, rethinking the evidence can lead to new opinions.

[[~~Yusef~~ Saanei]] has also utilized the common Usuli rule of "priority of Quranic texts over narrational texts in the assumption of divergence" in the issue of unequal retaliation (Qisas) for men and women. He cites some Quranic verses and believes that their indication of [[Equality of retaliation for men and women|equality of retaliation for men and women]] is explicit. Consequently, acting upon narrations that look at inequality and make the retaliation of a woman against a man contingent upon paying half the man's blood money to his next of kin is difficult due to explicit opposition to the Quran.<ref>Saanei, ''Equality of Retaliation'', p. 43.</ref> In another example, by detailed examination of three categories of narrations that are the documentation of the famous Fatwa on the inequality of blood money for men and women, he disputes the indication or document of all these narrations and tries to reject the validity of these narrations using the same accepted Fiqhi rules, and finally issues a Fatwa on [[Equality of blood money for men and women|equality of blood money for men and women]] by citing Quranic generalities and absolutes.<ref>Saanei, ''Equality of Blood Money'', pp. 36-59.</ref>

[[Yousef Saanei]] has also utilized the common Usuli rule of "priority of Quranic texts over narrational texts in the assumption of divergence" in the issue of unequal retaliation (Qisas) for men and women. He cites some Quranic verses and believes that their indication of [[Equality of retaliation for men and women|equality of retaliation for men and women]] is explicit. Consequently, acting upon narrations that look at inequality and make the retaliation of a woman against a man contingent upon paying half the man's blood money to his next of kin is difficult due to explicit opposition to the Quran.<ref>Saanei, ''Equality of Retaliation'', p. 43.</ref> In another example, by detailed examination of three categories of narrations that are the documentation of the famous Fatwa on the inequality of blood money for men and women, he disputes the indication or document of all these narrations and tries to reject the validity of these narrations using the same accepted Fiqhi rules, and finally issues a Fatwa on [[Equality of blood money for men and women|equality of blood money for men and women]] by citing Quranic generalities and absolutes.<ref>Saanei, ''Equality of Blood Money'', pp. 36-59.</ref>

=== Reducing Distinctions by Rethinking Usuli Rules ===

This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. This attitude believes that some common principles may not be efficient for answering today's needs. Citing new foundations such as the [[Authority of speculative reason]] (Hujjiyyah of Aql-e Zanni) alongside tradition or revising the authority of the single report (Khabar Wahid) are examples of this approach that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "Authority of Speculative Reason in Fiqhi Inference", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>

[[Muhammad Sadeqi Tehrani]], in this vein, does not consider Tradition (Sunnah) to be even a speculative proof due to problems such as the men of the chain (Rijal), lack of Tawatur (mass transmission), contradiction and conflict, possibility of fabrication, possibility of Taqiyyah (dissimulation), transmission by meaning, and possibility of fragmentation, and believes that the appearances and texts of the Quran, due to being free from all these problems, exist in a much stronger rank and must be the main reference in inferring rulings.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money|issue of blood money]], based on strong opposition to the famous narration of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So whoever has assaulted you, then assault him in the same way that he has assaulted you" ([[Verse 194 of Surah Al-Baqarah|~~Baqarah~~: ~~194~~]]) and "Wounds equal for equal" ([[Verse 45 of Surah Al-Ma'idah|~~Ma'idah~~: 45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned narration and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>

[[Muhammad Sadeqi Tehrani]], in this vein, does not consider Tradition (Sunnah) to be even a speculative proof due to problems such as the men of the chain (Rijal), lack of Tawatur (mass transmission), contradiction and conflict, possibility of fabrication, possibility of Taqiyyah (dissimulation), transmission by meaning, and possibility of fragmentation, and believes that the appearances and texts of the Quran, due to being free from all these problems, exist in a much stronger rank and must be the main reference in inferring rulings.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money|issue of blood money]], based on strong opposition to the famous narration of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So whoever has assaulted you, then assault him in the same way that he has assaulted you" ([[Verse 194 of Surah Al-Baqarah|Quran 2:134]]) and "Wounds equal for equal" ([[Verse 45 of Surah Al-Ma'idah|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned narration and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>

== Footnotes ==

@@ Line 66: / Line 66: @@
 This approach, while fully accepting the famous Fatwas, goes a step further and employs a theological and philosophical effort to rationally justify distinctions and persuade public opinion, considering itself obliged to provide a rational and wisdom-based support for Fiqhi rulings. This approach is crystallized in the works of individuals such as [[Sayyid Muhammad Husayn Tabatabai|Allameh Tabatabai]], [[Morteza Motahhari|Motahhari]], [[Muhammad Taqi Misbah Yazdi|Misbah Yazdi]], and [[Abdullah Javadi Amoli|Javadi Amoli]]. In this approach, jurists, while accepting and adhering to famous Fiqhi rulings, try to explain the wisdom and basis of these legal distinctions using rational and theological foundations and answer the doubts and criticisms raised in the modern world.
-For example, Morteza Motahhari, by analyzing [[Men's headship over the family]] (Qawamiyyah) in the Quran ([[Verse 34 of Surah An-Nisa|Nisa: 34]]), does not consider man's guardianship as his absolute superiority, but relates it to the aggregate of the man's relative advantages in the family structure. In his belief, the expression "bima faddala Allahu ba'dahum ala ba'd" (by what Allah has given one over the other) indicates that each man and woman has their own specific advantages and superiority is mutual.<ref>Motahhari, ''Collection of Works'', Vol. 29, p. 447.</ref> Abdullah Javadi Amoli, in justifying [[Equality of blood money for men and women|inequality of blood money]], believes this ruling has no relation to the spiritual, scientific, or practical value of individuals, but rather looks at the economic consequences of murder and the man's economic role in the family, emphasizing that just as the blood money of a scientist and an illiterate person is the same, this matter does not indicate a reduction in the woman's status.<ref>Javadi, ''Woman in the Mirror of Glory and Beauty'', pp. 354-355.</ref> Also, Muhammad Taqi Misbah Yazdi considers the wisdom of the difference in accepting [[Women's testimony in court|women's testimony]] to be related to preserving the rights of individuals. Men, due to difference in creation, are more alert in recording events precisely, and due to less dominance of emotions, are less influenced by feelings in the position of giving testimony. The Lawgiver has accepted the principle of women's testimony but, as a precautionary measure, has considered the testimony of a second woman necessary to complete and confirm the testimony of the first woman.<ref>Misbah Yazdi, ''Questions and Answers'', Vol. 5, pp. 296-298.</ref>
+For example, Morteza Motahhari, by analyzing [[Men's headship over the family]] (Qawamiyyah) in the [[Quran 4:34]], does not consider man's guardianship as his absolute superiority, but relates it to the aggregate of the man's relative advantages in the family structure. In his belief, the expression "bima faddala Allahu ba'dahum ala ba'd" (by what Allah has given one over the other) indicates that each man and woman has their own specific advantages and superiority is mutual.<ref>Motahhari, ''Collection of Works'', Vol. 29, p. 447.</ref> Abdullah Javadi Amoli, in justifying [[Equality of blood money for men and women|inequality of blood money]], believes this ruling has no relation to the spiritual, scientific, or practical value of individuals, but rather looks at the economic consequences of murder and the man's economic role in the family, emphasizing that just as the blood money of a scientist and an illiterate person is the same, this matter does not indicate a reduction in the woman's status.<ref>Javadi, ''Woman in the Mirror of Glory and Beauty'', pp. 354-355.</ref> Also, Muhammad Taqi Misbah Yazdi considers the wisdom of the difference in accepting [[Women's testimony in court|women's testimony]] to be related to preserving the rights of individuals. Men, due to difference in creation, are more alert in recording events precisely, and due to less dominance of emotions, are less influenced by feelings in the position of giving testimony. The Lawgiver has accepted the principle of women's testimony but, as a precautionary measure, has considered the testimony of a second woman necessary to complete and confirm the testimony of the first woman.<ref>Misbah Yazdi, ''Questions and Answers'', Vol. 5, pp. 296-298.</ref>
 === Reducing Distinctions in the Execution Stage of Shari'a Rulings ===
@@ Line 74: / Line 74: @@
 === Reducing Distinctions by Rethinking Fiqhi Evidence ===
-This approach, unlike the three previous approaches, directly intervenes in the Fatwa stage and achieves egalitarian Fatwas by critical re-reading of evidence and disputing the chain of transmission (Sanad) or indication (Dalalah) of narrations. For example, [[Muhammad Ibrahim Jannati Shahroudi|Muhammad Ibrahim Jannati]], in this very line, believes: "Holding the position of judgeship by a woman, provided she possesses the conditions, is not impeded. For women, holding other positions such as social, political, scientific, cultural, artistic, managerial positions, presidencies, etc., provided they have the capability to perform them and maintain Shari'a standards regarding covering and otherwise, is not problematic."<ref>Jannati, Selected Fatwas, contained in the information website of Ayatollah Jannati.</ref> This approach is committed to following the common Usuli method among jurists and believes that even with the same common methods, rethinking the evidence can lead to new opinions.
+This approach, unlike the three previous approaches, directly intervenes in the Fatwa stage and achieves egalitarian Fatwas by critical re-reading of evidence and disputing the chain of transmission (Sanad) or indication (Dalalah) of narrations. For example, [[Mohammad-Ebrahim Jannati Shahroudi]], in this very line, believes: "Holding the position of judgeship by a woman, provided she possesses the conditions, is not impeded. For women, holding other positions such as social, political, scientific, cultural, artistic, managerial positions, presidencies, etc., provided they have the capability to perform them and maintain Shari'a standards regarding covering and otherwise, is not problematic."<ref>Jannati, Selected Fatwas, contained in the information website of Ayatollah Jannati.</ref> This approach is committed to following the common Usuli method among jurists and believes that even with the same common methods, rethinking the evidence can lead to new opinions.
-[[Yusef Saanei]] has also utilized the common Usuli rule of "priority of Quranic texts over narrational texts in the assumption of divergence" in the issue of unequal retaliation (Qisas) for men and women. He cites some Quranic verses and believes that their indication of [[Equality of retaliation for men and women|equality of retaliation for men and women]] is explicit. Consequently, acting upon narrations that look at inequality and make the retaliation of a woman against a man contingent upon paying half the man's blood money to his next of kin is difficult due to explicit opposition to the Quran.<ref>Saanei, ''Equality of Retaliation'', p. 43.</ref> In another example, by detailed examination of three categories of narrations that are the documentation of the famous Fatwa on the inequality of blood money for men and women, he disputes the indication or document of all these narrations and tries to reject the validity of these narrations using the same accepted Fiqhi rules, and finally issues a Fatwa on [[Equality of blood money for men and women|equality of blood money for men and women]] by citing Quranic generalities and absolutes.<ref>Saanei, ''Equality of Blood Money'', pp. 36-59.</ref>
+[[Yousef Saanei]] has also utilized the common Usuli rule of "priority of Quranic texts over narrational texts in the assumption of divergence" in the issue of unequal retaliation (Qisas) for men and women. He cites some Quranic verses and believes that their indication of [[Equality of retaliation for men and women|equality of retaliation for men and women]] is explicit. Consequently, acting upon narrations that look at inequality and make the retaliation of a woman against a man contingent upon paying half the man's blood money to his next of kin is difficult due to explicit opposition to the Quran.<ref>Saanei, ''Equality of Retaliation'', p. 43.</ref> In another example, by detailed examination of three categories of narrations that are the documentation of the famous Fatwa on the inequality of blood money for men and women, he disputes the indication or document of all these narrations and tries to reject the validity of these narrations using the same accepted Fiqhi rules, and finally issues a Fatwa on [[Equality of blood money for men and women|equality of blood money for men and women]] by citing Quranic generalities and absolutes.<ref>Saanei, ''Equality of Blood Money'', pp. 36-59.</ref>
 === Reducing Distinctions by Rethinking Usuli Rules ===
 This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. This attitude believes that some common principles may not be efficient for answering today's needs. Citing new foundations such as the [[Authority of speculative reason]] (Hujjiyyah of Aql-e Zanni) alongside tradition or revising the authority of the single report (Khabar Wahid) are examples of this approach that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "Authority of Speculative Reason in Fiqhi Inference", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>
-[[Muhammad Sadeqi Tehrani]], in this vein, does not consider Tradition (Sunnah) to be even a speculative proof due to problems such as the men of the chain (Rijal), lack of Tawatur (mass transmission), contradiction and conflict, possibility of fabrication, possibility of Taqiyyah (dissimulation), transmission by meaning, and possibility of fragmentation, and believes that the appearances and texts of the Quran, due to being free from all these problems, exist in a much stronger rank and must be the main reference in inferring rulings.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money|issue of blood money]], based on strong opposition to the famous narration of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So whoever has assaulted you, then assault him in the same way that he has assaulted you" ([[Verse 194 of Surah Al-Baqarah|Baqarah: 194]]) and "Wounds equal for equal" ([[Verse 45 of Surah Al-Ma'idah|Ma'idah: 45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned narration and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>
+[[Muhammad Sadeqi Tehrani]], in this vein, does not consider Tradition (Sunnah) to be even a speculative proof due to problems such as the men of the chain (Rijal), lack of Tawatur (mass transmission), contradiction and conflict, possibility of fabrication, possibility of Taqiyyah (dissimulation), transmission by meaning, and possibility of fragmentation, and believes that the appearances and texts of the Quran, due to being free from all these problems, exist in a much stronger rank and must be the main reference in inferring rulings.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money|issue of blood money]], based on strong opposition to the famous narration of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So whoever has assaulted you, then assault him in the same way that he has assaulted you" ([[Verse 194 of Surah Al-Baqarah|Quran 2:134]]) and "Wounds equal for equal" ([[Verse 45 of Surah Al-Ma'idah|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned narration and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>
 == Footnotes ==
 {{Footnotes}}

Women's Fiqh: Difference between revisions