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A New Exploration into Women's Social Presence (Book)

From Encyclopedia of Contemporary Jurisprudence
Book Information
AuthorSeyyed Mahdi Narimani Zamani
LanguagePersian
Pages292
Publication Information
PublisherAstan Quds Razavi Publishing Foundation
Author: Reza Shams
  • Abstract

A New Inquiry into the Issue of Women's Social Participation (Persian: کاوشی نو در مسئله حضور اجتماعی زنان) is a Persian work by Seyyed Mahdi Narimani Zamani that challenges the traditional view on gender restrictions in holding political positions, such as executive, judicial, and leadership roles. The author argues against the consensus that discourages women's social presence, positing instead that Islam not only permits but potentially endorses women's active participation in society.

Through a critical analysis of opposing arguments and by citing supportive Quranic verses, narrations, and historical precedents—such as the rule of the Queen of Sheba—Narimani asserts that general rulings (ʿumūmāt) on social obligations apply equally to men and women. The book is structured to first clarify key concepts and then systematically refute the arguments of opponents while bolstering the case for women's social and political engagement.

Introduction

Seyyed Mahdi Narimani Zamani's “A New Exploration into Women's Social Presence” is published by Astan Quds Razavi Publishing Foundation. The author believes that religion not only does not oppose women's presence in social and political positions, but also agrees with and even endorses such women. The book is written based on analytical reasoning. The author refutes the opponents’ arguments and employs rational proofs, narrations, and historical precedents to validate women’s assumption of social positions. The book also discusses on women’s involvement in social affairs by relying on numerous commonalities and/ or generalities available on rulings issued in this regard

Structure of the Book

The book is divided into two chapters, each of which contains three sections. At the beginning of the first chapter, the author addresses the concepts needed for the course of the discussion. These include such concepts as Principle (‘‘Aṣl’’), rights, powers, Assuming responsibility for and holding administrative positions, Guardianship (‘‘Wilāyah’’), justice and Religious Obligation (‘‘Taklīf’’). (pp. 21-34) It asserts that holding executive, judicial, and governmental responsibilities is a divine trust—a heavy burden that reason dictates must be entrusted to the most competent individuals.(pp. 34-39). The chapter concludes by acknowledging physical differences between genders while affirming their equal capacity for spiritual perfection. The author eventually discusses on four issues considering the Islamic view of gender: 1. Equality in gender identity which results in equality in perfection; 2. Differences between men and women may lead to a healthy family system; 3. There are provisions in Islam that are gender-based, such as holding the office of a judge by women which is controversial among Muslim jurists; 4. Women enjoy a special and high position in Islam (pp. 21-80).

The second chapter of the book, called “examining the jurisprudential ruling”, deals with arguments provided by supporters and opponents and some points are made about women's presence in society. In the first part, the author provides and reviews the arguments of the opponents, and in the second part he approves the social presence of women by providing the arguments of its supporters. (pp. 81-252) In the third part, given that women may have social participation, the author reminds them of the following tips: 1. Women should avoid mingling with men; 2. Women should seek contributions that are compatible with human dignity and the spirit of femininity; 3. Women are the foundation for home and the family; 4. Men are primarily responsible to work and provide the expenses of the family. (pp. 252-261)

Arguments for Permissibility

The author provides several reasons to prove the permission for women's participation in social and political activities.

Enjoining Good and Forbidding Evil

One of the Islamic obligations is public oversight to improve society. According to the verse “المومنون و المومنات بعضهم اولیاء بعض یامرون بالمعروف و ینهون عن المنکر" , The term “‘‘Awliyā’’” (guardians/friends) implies authority and Guardianship (‘‘Wilāyah’’). Consequently, all Muslim men and women possess the authority to enjoin their religious brethren to perform political good and forbid political evil. Furthermore, the Rational Practice (‘‘Sīrat al-ʿUqalā’’) has always been to entrust affairs to the most competent individuals, regarding gender as irrelevant to professional competence.

The application and generality of Narrational arguments related to the Guardianship of the Jurist (‘‘Wilāyat al-Faqīh’’) and the obligation to stand up for justice

  • The author cites six narrations establishing the necessity of a societal ruler; these texts are absolute (‘‘muṭlaq’’), making no stipulation that the ruler must be male.He also notes that there are hadiths that refer to the obligation to stand up for justice and act in accordance with the revelations, without making any reference to the gender of those who speak the truth and approve the right behavior according to revelation. Citing the prophetic hadith, “Whoever wakes up without concern for the affairs of Muslims is not one of them,” he concludes that this general duty encompasses women’s holding of social and political offices. He continues to list several other reasons as evidence that women are allowed to participate in politics and hold social positions. It is explained that if women learn knowledge but do not act accordingly, then the need to learn knowledge will be meaningless.

Historical quotes from Prophets (pbuh) and the Governance of Imam al-Mahdi (May God hasten his glad advent)

One of the reasons cited by the author is the The Rule of the Queen of Sheba (Bilqīs), a woman whose story is narrated in the Holy Quran, and Allah Almighty did not condemn her, but praised her with silence and was pleased with her Guardianship (‘‘Wilāyah’’). He also reports twenty-seven narratives about women who were guardians, agents or advisors and Prophet Muhammad (s) consulted with them in matters of jihad, economics, knowledge and the fight against oppression, and these narratives show that the Prophet (PBUH) consented to the participation and presence of women. Some narratives on Mahadism also state that 50 of the main companions of Mahdi (May God hasten his glad advent) will be women. Alternatively, during the presence of Mahdi, wisdom will reach such a level that women will judge based on the Book and Sunnah of God.

Rational Arguments for Participation

The author states two logical reasons why women are allowed to hold judicial and administrative positions: 1. Gender does not matter in rational proofs for Wilayat; what matters is only the need to implement the divine decrees and observe the limits set by God in the period of Occultation (‘‘Ghaybah’’). This would require an expert Faqih and it can be fulfilled by both men and women. 2. The Principle (‘‘Aṣl’’) of participation in administrative and social affairs is one of the fundamental principles to establish a state. There must be clear reasons for excluding people from such participation. No such justification exists.

Critique of Opposing Arguments

The author reviews the fatwas of contemporary jurists regarding gender requirements for high offices. While some, like Sayyid Muhammad Sadiq Rohani, restrict all such positions to men, others, such as Sayyid Musa Shubayri Zanjani, limit the restriction primarily to judgeship (qaḍāwat) and religious authority (marjaʿiyyah).

The Verse of Qiwāmah (Guardianship)

The author identifies Qur’an 4:34 (The Verse of Qiwāmah) as the primary scriptural basis for opposition. Opponents argue this verse establishes men’s authority and superiority over women due to their financial support. This verse can be relied on only if it refers to the dominance of men over women in the home and society, not to the obligations of men towards their wives. Using the opinions of the commentators, the author explains that this verse was revealed in relation to marital discord and the payment of maintenance money and considers that the verse expresses the dominance of men over their wives. He believes that even by analogy of priority, it cannot be inferred that men have Guardianship (‘‘Wilāyah’’) over women in society. Even if the verse were generalized to imply male Guardianship (‘‘Wilāyah’’) in society, it would not necessitate prohibition, as ‘‘Qiwāmah’’ implies caretaking rather than absolute domination, and even if it did, it would not prevent women from participating in such matters.

The Verse of Rank (‘‘Darajah’’)

Another verse mentioned in the book is the Qurʾan 2:228, which points to the mutual rights of spouses over each other and the superior degree of the rights of men over their wives. If this verse refers to the Guardianship (‘‘Wilāyah’’) of men over women within the family or outside, there may be a reason to oppose women's participation; However, the author argues that even under this assumption, the word “degree” (‘‘darajah’’) is an indefinite noun in an affirmative context, which does not imply absolute superiority in all aspects. In addition, since the verse is about divorce, possible superiority of men in relation to the right to divorce is reinforced.

The Verse of Ornament (‘‘Ḥilyah’’) and Tabarruj

Another verse that, in the author's opinion, attracted the attention of the opponents is The Verse of Ornament (‘‘Ḥilyah’’) (Qurʾan 43:18) "What! One who is brought up amid ornaments and is inconspicuous in contests (do you take her as the daughter of God)?" Opponents interpret this verse to mean that women are naturally inclined towards adornment and lack the capacity for strong argumentation and reasoning. In The Verse of Display (‘‘Tabarruj’’) (Qurʾan 33:33), women are commanded to stay at home and not to go out in public as they did at the age of ignorance. The social presence of women is contrary to the clear prohibition in the verse and mingling with Non-Maḥrams. He believes that The Verse of Display (‘‘Tabarruj’’) cannot be relied on because of its brevity in identifying the pronouns and the relevant conjunctive nouns used in the verse. Furthermore, in his criticism of The Verse of Display (‘‘Tabarruj’’), he thinks that the verdict is particularly confined to the wives of Prophet Muhammad (s), and because of different readings, it could mean that they should observe dignity and solemnity instead of staying at home. Finally, none of the above verses proves that women should not participate in administrative and Guardianship (‘‘Wilāyah’’) affairs.

Opponents’ Narrational Arguments

Proponents’ arguments in this regard can be found in narratives reported by Shiites and narratives reported by Sunnis. These include opposition to women's participation in good deeds, no permission to judge, prohibition of women going out, prohibition to consult with them, less enjoyment of the blessing of reason, Prophet Muhammad’s hatred of entrusting women with Assuming responsibility for affairs, and that a state ruled by women cannot achieve prosperity. The author dismisses these narrations, noting that some contradict explicit Qur’anic texts, while others are weak in their chain of transmission (‘‘sanad’’), some are confined to the time when they were issued, some are objected by the Companions, and some that provide guidance. Among other reasons is that none of the above verses clearly forbids holding administrative positions by women.

Important Non-textual arguments (‘‘Adillah Lubbiyyah’’) of the opponents of women’s participation, such as The Understanding of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), Consensus (‘‘Ijmāʿ’’) and Rational Practice

Opponents of women’s participation in society have relied on Non-textual arguments (‘‘Adillah Lubbiyyah’’) such as The Understanding of the Devout (‘‘Irtikāz al-Mutasharriʿah’’), consensus, Rational Practice and Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’). “Understanding” (‘‘Irtikāz’’) here refers to the mindset ingrained in devout Muslims, assuming that the Lawgiver prefers women to remain at home and focus on domestic duties. Of course, this the understanding is mentioned in narratives, but The author refutes this by citing historical examples that contradict such an understanding (‘‘Irtikāz’’), most notably the commercial activities of Hazrat Khadijah. Regarding consensus (‘‘ijmāʿ’’), he argues there is no definitive consensus on the condition of Masculinity (‘‘Dhukūrah’’); any existing consensus is likely “document-based” (‘‘madrakī’’) rather than independent proof. Still, Reputation in Narration (‘‘Shuhrah Riwāʾiyyah’’) and Practice (‘‘Shuhrah ʿAmaliyyah’’) are not achieved based on a few weak hadiths. Nor can Reputation in Fatwa (‘‘Shuhrah Fatwāʾiyyah’’) be found because it has not been disputed in the past.

Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) and other reasons

The increasing presence of women, their mingling with Non-Maḥrams and some other moral deviations are also the reasons that the author cites as the beginning of the presence of women in positions of power. Opponents argue that since women’s social presence is a preliminary to prohibited acts, it is also prohibited (based on the rule that “the preliminary of a haram act is haram”). The author rejects this, noting firstly the jurisprudential dispute over whether a preliminary act is inherently forbidden. But he rejects this reasoning and says: First, there is controversy over the view that Prohibited Preliminary (‘‘Muqaddimah al-Ḥarām’’) is haram itself. Second, evil consequences enumerated by opponents are only because of increasing presence of women, even as clients; while no wise man would forbid it. Other arguments provided by the author are based on Reliance on the Certainty (‘‘Qadr al-Mutayaqqan’’) and his reliance on the Principle (‘‘Aṣl’’) that women cannot judge and he believes that Masculinity (‘‘Dhukūrah’’) is neither a certain nor a Principle (‘‘Aṣl’’).