Women 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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 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 ===

Women Fiqh: Difference between revisions