A sample of Question
about
The position of Woman in the Islamic Political regime
Chapter five from a book titled
" Novel Inquiries "
According to legal convictions of
Ayyatullah
Shaykh Mohammad Ishaaq Al – Fayyadh
( May Good prolong his life )
Abbreviations Used text
Swt : Subuhanahu Wa Taala ( to whom be ascribed all perfection and majesty ) .
Pbuh : Peace be Upon Him .
Pbut : Peace be Upon Them .
A sample of some Questions about The Position of Woman in the Islamic Regime .
" Preface "
Your Eminence , Ayyatullah Shaykh Mohammad Ishaaq Al – Fayyadh , peace be youn you : I'd set a number of questions between your generous hands discussing the position of Islamic woman in Islamic political regime , as a part of my doctorate thesis , and this is the first time this topic will be discussed in accordance with Islamic ideologies and Political regime in a hope that this thesis will enrich Islamic intellectual domain through the attention given to Islamic facts which include authentic , regenerated , and fixed factors all together .
The First Question :
The responsibility of the government in the Islamic state is " an excusive one " for divine constitution , as the Islamic state is based on the principle of : " ruling for God alone without a partner " . thus , ruling is not assigned for any person , or a group or an authority . God is the only authorizer , so nobody has the right to authorize or change what God legitimate for man kinds . Ruling , that is , practised by the nation in a society is considered a caliphate or a successor of God , the origin of authorities .
In the light of what is mentioned , woman is considered part of the nation that does not possess any authority or ruling or competence for legitimization , because legitimization is only for God . On executive level , woman is , like man , a caliph who should protect the divine deposit in fulfilling God's rule in accordance with the limits assigned by the Legislator , the Great and Almighty , all at once and in details .
In details :
Does the woman have the right to take over the following ranks in the Islamic state :
1. Supreme presidency of the state ?
2. Prime ministry ?
3. Ministries : the excutive , the delegative and the consultative ?
4. Commandment of sufficiency ?
5. Commandment of occupation ?
6. Leadership of armies in all its types ?
7. Commandment of jihad against polytheists ?
8. Leading the well – being wars like : fighting the oppressive among Muslims and dissenters , fighters and highway robbers ?
9. Commandment of police force ?
10 . Intelligence leadership ?
Answer :
Muslim woman ought to shield her body and dress completely from foreigners , protect her dignity , honor , and virginity from pollution of any profance . if the Muslim woman is as such , she will be allowed to confront every work that could infringe her duties in Islam , whether that work is social such as the presidency of the state , or any other individual job such as driving a car or a plane ……. Etc .
It is evident that woman's confrontation to the jobs mentioned above does not require her to be unsheltered , not to save her dignity as Muslim woman . On the contrary , woman's protection of her dignity , when she hold high ranks in the state will magnify her social status , position , importance , worthiness and the firmness of her creed .
Conclusion : if Muslim woman has a strong will , solid belief in Good , preserving her honor and dignity , she will have to take over all the ranks mentioned in Question One . In this case , there is no difference between man and woman . All this can be seen in the illegal governments whether they are in Islamic land or somewhere else .
But , if government is legal , established on the basis of religious ruling , it will differ from the illegal one . The ruling authority of legal government is either assigned by Good only without any partner , or by textual name and person as in the attendance epoch , or by characters as in the disappearance epoch , while the ruling authority of the illegal government is assigned either by the public free elections or by power and oppression . Hence , the ruling authority of the legal government possesses a vast authority to apply the divine constitution on all levels : economical , political , juristic and social , cultural and security justice .
The difference mentioned above between these two governments , legal and illegal , is based upon the ideology of Shiism on the grounds that the governorship is for no one but Allah , Since the nomination of Prophet Mohammad ( God's blessing and peace be upon him ) and his household ( pbut ) is from God ( swt ) , so is the nomination of the legist in the non – attendance period .
Briefly , the guardianship and the caliphate , whether it is during the attendance or non – attendance period , must be assigned by God ( swt ) in accordance with the ideology of Shiism . what is related to it's confirmation unanimously and the opinions of people could not be . Unanimity is unnecessary , as well .
According to the doctrine of the Sunnites , what is fixed in their ideology is only the Prophet Mohammad's ( God's blessing and pace be upon him ) mission . the caliphate of all the other successors is unanimously fixed by the opinions of people and not by a text from God ( swt ) . Accordingly , the ruler will be the Muslims guardian depending on the selection of his people . Thus , his governorship will be legal , and this is the difference between Shiism and Sunnites . This is on one hand .
On the other hand :
Can Muslim woman establish herself , in non – attendance period , the ruling authority in the existing state depending on the religious principle from God ( swt ) when all the conditional factors are existing : the comprehension , the a acquaintance , the straightness and the executive power of the divine constitution ?
Answer :
Most of the great legists do not admit the certainty of woman's holding the ruling authority even though she interests the qualities mentioned above .
11. Parts of judgment : general judgment , injustice judgment , defection judgment , probate custody , juvenile delinquent judgment and women judgment ?
Answer :
Judgment , as an Islamic concept , is the process of cutting off the controversies among the litigants , and putting an end to these legal proceeding according to rules designed by Sharia . The legal judge , nominated by God ( swt ) , is the one who has the legal validity to exercise the legitimate laws , carrying out punishment , establishing reinforcements , cutting off controversies and procedures among Muslims , taking the rights of the oppressed from the tyrant in a legal way to maintaine the great Muslims' benefits , such as social justice and stability making .
What is stable to Prophet Mohammad ( God's blessing and peace be upon him ) and Imam ( pbuh ) in Islam is stable to a legist as well , including the application of Islamic laws on condition that the legist should govern all the conditions mentioned above , and the religious leadership ought to become as eternal as Sharia itself . Leadership is presented by the message during Prophet Mohammad's ( God's blessing and pbuh ) period , by imamate during the infallible Imams ( pbut ) , by the doctrine of more learned legists during the non – attendance period .
Is the religious leadership the specialty of Muslim man rather than of Muslim woman when they both interest the same conditions and qualities mentioned ?
Answer :
Most of legists admit specialization not generalization there is no difference between man and woman in the habitual judgment among people when it is not established on the certainty of guardianship and religious leadership of the judge .
12. Leadership of judgment ?
Answer :
The answer is explicit from the previous discussion whether the judgment is legitimate or habitual .
13. Nomination to parliament and the house of representative ?
Answer :
Woman can put herself up and join the parliament and all other houses of representatives , on condition that she can maintain her Islamic entity and her honor as a Muslim woman .
14. Elections of parliament and the house of representatives ?
Answer :
Yes , there is no objection .
15. Being an ambassador representing the state ?
Answer :
Yes , there is no objection .
16. Being a police woman ?
Answer :
Yes , there is no objection .
17. Being a secret agent ?
Answer :
Yes , there is no objection .
Second Question :
Are the positions mentioned above : the nomination and election to Parliament , being an ambassador , a policewoman , and a secret agent , regarded as general guardianship ?
Answer :
These ranks can not be referred to as general guardianship because the latter is fixed to prophet Mohammad and all the infallible Imams ( pbut ) , and to legists in the non – attendance period as well . As shown previously , all the governments in all Islamic states are illegitimate because the legitimate ones should be based on the prin ciple : governorship is for Allah ( swt ) , and the ruling authority is assigned by God ( swt ) , as mentioned before .
Third Question :
Some one's holding the public guardianship require the following conditions :
· Having Knowledge in Sharia .
· Justice .
· Having efficiency and specific experience in relation to guardianships quality .
These conditions could be existent in man and woman as well . If Muslim woman interests these requirements , will she be able to take hold the fifteen positions mentioned in the first question or some of them ? Is it necessary to add another condition , that is , the condition of manhood ? and why ? can you support your answer through evidences ?
Answer :
Most of legists of Shiism , the early and the late , do not admit the general guardianship for a legist interests all conditions including acquaintance , those who admit the general guardianship for a legist are few , saying that a legist should have interested such qualities as : acquaintance , justice and efficiency . And according to the confirmation of general guardianship for Muslim woman it is discussed earlier .
Fourth Question :
(( Those who , if we give them power in the land , establish worship and pay the poor due and enjoin kindness and forbid in iquty )) Al – hajj 41
This verse expresses the social function to enjoin the good ( amr bi'l … ma'ruf ) and to forbid the evil ( nahi , ani al – munkar ) I , e , the excutive power . The description of the believers who manage the power is a description for the machinery of government and the excutive authority .
A function like this requires power and authority : gathering charity and financial sources , equal division of money among Muslim . These subjects are included in the economical organization on the general level of the society .
A – Is enjoining the good and forbidding evil a specialty for man only ? Is the woman also intended by this through the Quranic verse and the prophetic tradition ? And what evidences are available ?
Answer :
The obligation of enjoining the good and forbidding the evil is a divine percept for man and woman as well . Like man , woman is also intended by this Quranic verse and the prophetic tradition . The speciality of religious obligations is conditional to it's fulfillment in one group not in the other . for example , rules like those of menstruation and confinement are intended for women depending on their fulfillment only in women's group . However , other divine percepts are intended to all men and women a like . The obligation of enjoining the good and forbidding the evil is equal to the obligation of fasting , hajj , prayer and so on . There is no speciality even if they are intended for man only on the surface level .
First : Because the legal rules designed in divine Sharia can not involve the speciality for one group without another on the basis of sharing commandment for people belong to one Sharia .
Second : The Quranic message , on the basis of quality , are dispatched for mankind's or man . These message involve man and woman a like . This is on one level .
One the other level , enjoining the good and forbidding the evil has degrees , some of them occur through the tongue . It is not conditional for an absolute master to have an executive power It is an obligation for any one able to apply this duty on the family level , at least .
If woman is intended by this duty :
B – Is she able to take the commandment of the fifteen positions mentioned in the first question , or some of them only ? Do you have any evidences about this matter ?
Answer :
The answer is stated well and you can review it .
The Fifth Question :
A principle from political Islamic ideology :
" the mastery is for the nation in the Islamic reign "
I say : this command is established upon mixing and not distinction between the existing state which is based upon the religious government's principle , and the state which dose not follow this principle . The government with the first state is elected and nominated by God ( swt ) , but with the second state the government is either elected by people or based on compulsion and ascendancy .
From this principle , more question can be added :
A – The responsibility of society in forming the state and electing the ruler ?
Answer :
The formation of a state based on religious governorship's grounds in non – attendance period has been organized by the authority of the legal governor on the country state in different directions : political , economical , military , security , social and cultural . If the governor dose not have enough authority , he will be unable to form the state on the ground of the governorship of religion . Thus , the state formation will depend on people's elections and their opinions , yet , the governor has his function and responsibility towards God ( swt ) , in this case , his duty is to invite people and all the responsible to form a state in which Sharia can govern , even if , under the wing of a ruler elected by the public , and forbidding a secularism state formation based on non religion . This is on one direction .
On another direction , the scholars in different categories should have responsibility to popularize the Islamic perceptions among people , confront every intellectual foreign invasion by all available means and provide them with Islamic conceptions , religious values and humanistic culture , because the religious functions representing the fulfillment of legitimate duties and the avoidance of the divine prohibited do not only mean carrying out the responsibilities towards God ( swt ) but they also supply people with good morals , remaining faculty , providing them with religious instinct and powerful faith , this is a sensible and emotional matter , the experience is the right proof . As a result , the Islamic religion will influence its social through its ideas , morals , traditions and enrich it with religion instinct , if the society maintain Islamic religion , the society will be secure and balanced , each person will live without being freighted or worrying a bout himself , his honor or his money , Thus , the Islamic religion is the educator for human beings because Islamic religion create a complete man , as solid as mountain .
B – Enable the governor and the machinery of government to carry out the divine Sharia ?
Answer :
It is mentioned that , the formation of Islamic state on grounds of governorship of religion is related to the legitimate ruler's authority in carrying out the divine Sharia , otherwise , the state will be not Islamic .
C – Establishment of the civil society providing with all services and dimensions .
Answer :
It is all right , whether it . is in the valid Islamic state or not , on condition that it should follow Islam in all its dimensions , directions and services .
D – Giving recommendation and practical scientific experience through :
- Efficient individuals in the state .
- State council and its different staff .
Answer :
It is a necessary matter in all systems of state , whether the state is Islamic or not , This will be discussed later on .
According to this principle we have the following questions.
1) (( And there may spring from you a nation who invite to goodness and enjoin right conduct and forbid in decency , such are they who are successful )) Al- Imran ( the Imranites ) :104
This Quranic verse expresses the social function to enjoin good and forbid the evil this social function should be carried out by Islamic nation which is usually the source of mastery in Islamic government .
How can you define the nation ?
Will the nation's confrontation the social function to enjoin the good and forbid the evil , the collective duty , eliminate all the feminine individuals from the group that confronting , even if these women can have specialist knowledge and efficiency required ?
Answer :
The mastery of nation , according to imamate ideology , if fulfilled when a state based on grounds of governorship is for Allah ( swt ) alone , and not through recommendation or opinions of the public , as such , the nomination of ruling authority is established from God ( swt ) either by textual name and person as in the attendance period , or by distinguished characteristics as in non – attendance period . However , the mastery of the nation is achieved through recommendation and opinions of the public and not through a text , in all other Islamic ideologies , they have an exception to prophet Mohammad mission since they have it fixed through the divine text . this on one hand .
On the other hand , the recommendation among efficient individuals of the nation and the machinery of government , and the formation of state council are state duties because exchanging ideas practical and scientific experiences and recommendation in social , political , economical , educational , cultural and security issues are very important matters in each state , legitimate or not , regardless of whether the efficient individuals are men or women , because holding a public position should be due to efficiency and capability whether this individual is man or woman , Accordingly , a woman is allowed to nominate herself to the membership of parliament if she has efficiency , capability and experience , whether in Islamic or not Islamic state .
If she is allowed to be a member in parliament , Is it permissible for woman to hold the presidency of parliament committee ?
Answer :
Yes , it is permissible for woman to hold the presidency of parliament committee and the presidency of parliament , as well .
The Sixth Question :
Depending on what all legists refer to : the Islamic state always paid a great attention to human rights , ensuring them all responsible liberties : personal liberty , freedom of opinion , and political liberty which means that the individual , if wants , can occupy administrative functions and share in political issues such as recommendation , criticism , advice and freedom of speech in accordance with legal rules .
The general principle in Islamic is equality among individuals including the equality between male and female . Has woman been excluded her equality with man in exercising right and political liberties , as a whole or some of them only ? and can you prove this through explicit and convincing textual evidences ?
Answer :
The woman should not be excluded from her equality with man in social , in dividable and intellectual rights , and freedom of speech , freedom of opinion , joining financial investments and activities in markets and universal bourses , holding natural wealth , and recreating uncultivated lands . All these should occur according to Islamic Sharia .
It is not permissible to exercise prohibitted economical activities which form obstacles for moral and religious values such as : usury , commerce of wine , carrion , swine flesh , and drugs , monopoly and deception …… etc . On the other hand , the valid Islamic state assumes achieving all rights for Muslim , giving him lawful and limited freedom in all dimensions and activities , liberty that will not lead to waste individuals , right or block religious and moral values , yet there is no difference between man and woman in this matter .
The Seventh Question :
Dose woman's right in holding political ranks mentioned in the first question differ if the state is not Islamic as in European states , for example , or it is Islamic but it does not apply Quranic rules as in most of Islamic states nowadays ?
Answer :
The position of woman in a state based on the religion governorship to the ruling authority is a source of complexity to legists on the level of judgeship and management the office of mufti only , without confronting any other ranks .
However , the woman can hold all ranks without exception if the state is not Islamic .
The Eighth Question :
One fact in Islamic doctrine is the rule : " man has control over his money " . If people have enough control over their money , in a sense that no one else can deal conclusively with his money without taking his permission . In short , people in Islam have their own authority upon themselves and no one else can deal with their affairs and abilities freely without their acceptance . From this point and because woman is one of those people , she must have her control and management over her money and herself . Accordingly , the government that managed woman's affairs should interest her acceptance and agreement starting from state presidency up to legislative power in electing its members .
Relying on what has been mentioned , Is woman's sharing in elections permitted in Islamic : presidency elections , members of government , legislators elections and parliaments ?
Answer :
The woman can share and join all these elections .
The Ninth Question :
If it is permissible for woman to be a members in the parliament , will her share certificate in social , economical , political , and cultural issues be equal to this of man ? Is there any difference between them in this aspect . In other words , does woman's voting political issues represent a vote or a half vote ?
Answer :
Woman's share certificate in all political , social , economical , and cultural issues is equal to that of man . There is no difference between the two , her vote is as equal as man's .
Only in special cases in Sharia , woman's vote a half that of man .
The Tenth Question :
It is clear that the distribution of Islamic roles within the family is based on manhood and womanhood qualities . Therefore , Islam obliges husband to give expenses for his wife and children . In other words , Islam has given man the title of guardianship over his family . Thus , can we apply this measurement of distributing roles to public life with respect to manhood and womanhood basis ? or can not we do this because family and general life are two different fields and the measurement applied in one field is undoubtedly different from that applied in the other field ?
Answer :
The system of family applied in Islam is constructed upon one reality , that is , the burden of life with all its roles and factors is the responsibility of man not of woman , in order to maintain woman's identity and honor , so she can carry on her educational roles . However , Islam does not prevent woman from achieving any other roles on condition that these roles should not violate her Islamic identity and honor . And , in general life there is no difference between man and woman in all dimensions of life .
The Eleventh Question :
(( And they ( woman ) have rights similar to those ( of man ) over them in kindness , and men are a degree above them )) Al-Baqarah ( the cow ) 228
What is this degree that men have over women ? what does it mean ? Is it restricted to family life it includes life in general , as well ?
Answer :
The degree mentioned in verse means that the man inside the family is the caretaker of woman , he has the woman's affair between his hands . Thus , whenever he wants to enjoy her , she can not refuse . In addition to that man has power to release her through divorce , that would only occur inside the family . Beside this fixed position for man inside the family , woman has also rights man should pay , such as , the expense that should fit her honor , dignity and manner including good clothes , food , drinks , residence and living in peace with him …. Etc .
Yet , there is no difference between man and woman outside the family and in all fields of life : political , economical educational , …. Etc .
The Twelfth Question :
(( Men are in charge of women )) Al-Nisa ( women) 34
Is man's guardianship exclusive to woman in family life ? or dose it also include his guardianship to woman in practical life as well ?
Answer :
Mans guardianship to woman is exclusive inside the family . It could not be applicable outside , since in practical life there is no difference between them .
The Thirteenth Question :
Are the prophetic traditions of prophet Mohammad ( Gods blessing and pbuh ) being told true and valid in describing woman as a deficient individual whose brain and religion are imperfect . Do these traditions have any validity ? what does this imperfection mean , on assumption that , these traditions could have any relationship to those of prophet Mohammad ( Gods blessing and pbuh ) . How does a woman lack a brain though she has an acceptable witness and financial capacity ? Why is not she then prohibitted from dealing freely with her special financial issues , or at least , prevented her right to manage her affairs without taking permission from her husband or any one in charge of her ? Would this imperfection lead to deprive her rights and her political in general life ?
Answer :
This traditions is invalid . It could not be attributed to prophet Mohammad ( Gods blessing and pbuh ) . Beside its invalidity , it is completely different from what is seen and recognized outside because what is seen and recognized is that woman's mind could not be less than that of man in all scientific fields where woman has proved her identity and her being . In addition , all Quranic verses and prophetic traditions have mentioned that man and woman are alike in this matter . perhaps the speech conveyed looks at woman's nature in a way that woman has feelings of love and tender heartedness , she is some what sensitive and has a tendency towards beauty and making up more than man has . So that these emotions and feelings might control her mind and her recognition in practical life . Not all woman look like this because there are some women who may have hardness and power more than men may have . So , some call such women as an iron woman .
The fourteenth Question :
A speech attributed to prophet Mohammad ( Gods blessing and pbuh ) : " people whose guardian is a woman will not succeed " .
1) Is this speech valid and true ?
Answer :
This speech in invalid because is means that since woman is a woman , she can not manage the affairs of country or even her own affairs because her guardianship will absolutely lead the country to falling in all its essential directions as long as she has a lack in her brain and intellectual mined .
Consequently , this speech in untrue . However , woman has proved her capacity in all scientific institutions and social fields .
2) If this speech can be attributed to prophet Mohammad ( Gods blessing and pbuh ) under what title can it be categorized ? Can it be classified as a successive or a common speech ?
Answer :
The answer is explicit from the previous discussion .
3) On assumption that , this speech is really attributed to prophet Mohammad ( God's blessing and pbuh ) , Does he say it to tell about failure of people who make woman their guardian , referring to the failure of people of kesra when they made Kesra's daughter their guardian after her father's death , or does he say it to prohibit any woman from taking over a rank in Supreme presidency of the state , depending on Sharia ?
Answer :
It is explicit that beside , the invalidity of this speech , it is uncertain .
4) Does prophet Mohammad ( Gods blessing and pbuh ) say it , from his position as a leader , for the benefit of people's conditions during his ruling period , or as a messenger who should establish a law in which woman can not hold the great public guardianship in any where any time .
Answer :
The answer is mentioned before .
5) Will woman be prevented , in accordance with this speech , all the political positions mentioned in the first question or some of them because they are titled under the head of general guardianship ?
Answer :
This is mentioned in the previous discussion .
6) Is it true to deal with the understanding of this speech according to the rule : " the lesson is due to generality of the expression , and not due to the specialty of reason " . it means that if a general expression is stated on a special reason , it will not limit the reason but generalize it .
Answer :
This is explicit from the previous discussion .
The fifteenth Question :
A - Is it true to take the speech of individuals for granted , even though it has a hypothetical and not a dogmatic meaning ?
Answer :
Yes , on condition that the succession of its source attributed to Imam ( peace be upon him ) comes completely from the trusty .
B – Can the speech of individuals and all hypothetical ones be taken for granted , specially with issues related to Islamic system and legal rules ?
Answer :
Yes , if the succession of its source attributed to Imam ( pbuh ) comes from the trusty , on one hand , and its content should not be in disagreement with Quran and Sunna .
C – Does the common speech active in constitutional issues ?
Answer :
Yes , when it has an advantage for certainty and reliability .
The Sixteenth Question :
The resistant legists , who do not admit woman's political rights , make " unanimity " their evidence .
How can this unanimity be valid ?
Answer :
Most of legists ( may God be pleased with them ) assume unanimity to prevent woman from taking over only the leadership of judicial authorities , office of mufti , and general guardianship which are on governorship of religion , and concerning woman's confrontation to other ranks such as political , economical , social , and legal ones , it is not prohibitted , yet , there is not unanimity to show , and concerning the evidence of consensus , it depends on discovering its validity during the infallible's period ( pbuh ) and its arrival to us hand by hand , otherwise , it is invalid whether this consensus is oral or silent , and concerning the biography of legislators , it will be a reliable evidence if it is attributed to the period of the in fallible ( pbuh ) depending on the validity given by them . However , it will be invalid if it is attributed to the late period from that of the in fallible ( pbuh ) . Consequently , the consensus and biography evidences give us fixed Sharia , that is to say , the one that does not change regardless of changing in place or time . Sharia is as fixed as Quran and Sunna .
In the divine Sharia , the legal rules do not have the speciality of time , they are not restricted to limited period or limited time . On the contrary , they are eternal for all human beings without any distinction between men and woman , the black and the white , one continent and another , they are fixed to one from , unchanging with changing in life and its developments day after day . The prayer in stone Age is as the same as the prayer in Alan and space controlling things by power of hand and cultivating his farm with a plow , as it is also a duty on the one controlling things by power of electricity . The two prayers are alike , there is no difference between the prayer during the ruling period of prophet Mohammad ( God's blessing and pbuh ) and the prayer during this age , atom and space age , because it can not be developed with the development of natural general life , so as all other legal duties : fasting , hajj and soon . The prohibitted are unchangeable , as well : lying is prohibitted in the holy Sharia and it does not develop with the development of life or change with changing in place and in time , as well as backbiting , robbery and so on . In fact , the relationship between man and worship is spiritual and moral , it is not influenced by general life and its development , age after age , century after century , where as the relationship between man and nature is a material one , that is , it is influenced by conditions of life and its development , time after time . Therefore , the general life in this age is more complex than that was in the previous ages .
Hence , worship in Islam has spiritual and educational roles : it reinforces man's relation with the Creator ( swt ) through believing in Him alone without a partner, and establishes this relation in man's soul through curing the negative part of his problem because it rejectes all from of loss , disbelief , and non – belonging making man responsible towards God ( swt ) in all his desires and movements which should be identical to please Him . Therefore , the role of worship is the connection with God ( swt ) , reinforcing this relation , and cultivating man to be virtuous rejecting the problem of loss and un belonging , Polytheism and paganism , on the other hand . Polytheism usually raises what he is worshipping from a limited idol to a god like status , though it has no power , no nobility and no feeling , and is made by people's hand , all theses problems are caused by ignorance , delusion , vanities and lossing the right way on one hand , and need for blonging to a good like power , on the hand Because of these two sides , he changes illusion to a complete reality through his wrong ideas which make him blind in his devotion . Thus , the solution for these two problems should be based on believing in God ( Swt ) alone without a partner . In fact , our Sharia has given us this solution which is a double – edged sword , to root out atheism with one edge , and polytheism with the other edge . man's belief in God ( swt ) has given him responsibilities towards Allah ( swt ) in his movements of different social , individual , religious , domestic and educational directions . this belief in God ( swt ) , whose sources are Quran and Sunna , aims at . refining man's behavior towards virtue and separate him from manners which tries to hinder religious and moral values . Consequently , the role of believing in God ( swt ) represents the role of relation between man and God ( swt ) , a role of spiritual stability and tranquility , a role of guidance and not loss , and a role of the believor's reliance on God ( swt ) in each stage of his hard journey because He is the absolute Powerful .
However , in non Islamic states which are not based on religion principle , whether these states in Islamic homeland or not , woman can confront all public positions without exception including state presidency .
B – If we say that this consensus is restricted to the biography of legislators belonging to the period of the infallible ( pbut ) , does it refer to a fixed legislation unchangeable with changing in time and place ? or is it valid in special place and period of time and invalid in another period ?
C – Is the silent consensus valid ?
Answer :
The answer of these two question are quite explicit from the previous discussion .
The Seven teeth Question :
1) Is it possible to consider analogy as on evidence in deducting Sharia's rule ?
Answer :
In fact , it is unreliable in Sharia because Sharia can not apply a law of a special Islamic case on another one just because there is similarity between them regardless of whether deductive factors of the first case are as the same as the factors of the second . Thus , analogy is invalid in Islamic laws . Hence , there is denouncement in working by analogy and this is fixed in Islamic sources .
A quotation of Imam ( pbuh ) :
" religion is to eradicate , whenever Sunna embraces analogy "
2) When analogy is as such , what are the limits of its function ?
Answer :
Its explicit that its employment in Sharia is absolutly forbidden .
The Eighteenth Question :
Do you consider woman's political rights and duties depending on the frame work of political Islamic regime as a whole has given her a position different from that in doctrine where she is already considered apart of it ?
Answer :
It is mentioned that there is no difference between man and woman in the universal Islamic system in all its categories : the ideological , practical , economical , legal …. Etc , in exception to the three positions mentioned above depend on the opinions of many legists .
The Nineteenth Question :
The proofs and events that happened during the early period of prophet Mohammad's mission expresses the distinguished roles woman has achieved in political Islamic regime .
A – After this period , what happened that makes Muslim loss such roles ?
Answer :
This is due to the differences of conditions and surroundings because , according to Sharia , there is no difference between woman's duties in the early period of the prophets mission and those in the late period . There is one reality : Islamic rules have eternal existence , un change with changing in life because the relation between man and his God ( swt ) is spiritual and moral . that's why it does not affected by the development of life . The prayer , for example , is the same prayer from the period of mission till now , it does not change with time : one controlling things by hand is praying the same prayer of the one controlling things by atom .
As mentioned before , the relation between man and his God is spiritual , where as the relation between man and nature in a material one , there fore , woman's duties during the early period of Islamic authority are the same as those in this time .
B – Can this lossing be attributed to environmental political and social reasons ?
C – is it the misunderstanding of Quranic verses and adaptations taken from Islamic traditions concerning woman's role ?
D – Or , is it the Islamic realism that does not admit woman's political duties and rights ?
Answer :
It is explicit from the previous discussion that there is no difference between man and woman , and there is no theme that could be added , then .
The Twentieth Question :
To what extent does the political and social circumstances has influenced legist's understanding to Quranic texts and adaptations concerning these subjects ?
Answer :
The legists understanding to Quranic texts and adaptations is not influenced by changing in political and social conditions .
The theme is that legist's performance to conclude Islamic laws is based on applying general regular basics on their special factors .
This application is not related with political circumstances and social cultural conditions . yes , a legist might theoretically make an error in forming general basics of regularities , and he might also make a mistake in applying them on their special factors in doctrine . The source of those errors might occur in one of the following points :
The First : the intellectual and subjective faculty , the variety of legists in this faculty is of a great role in forming general basics and theories and making them more accurate and strict , then applying them on their special factors .
The Second : the variety of legists in scientific faculty in advance . This variety is of essential role in forming basics more restricted and limited , and in applying these basics , as well .
The Third : Some times , the legists in advertence in studying these theoretical basics might cause errors .
The fourth : The variety in legist's living and circumstances might be a source of an error , but it is rare .
The conclusion is that : the political conditions of country and general social positions do not influence his inference of legal rules from regular basics .
The Twenty – First Question :
Is it permissible for woman to hold the office of mufti and have the authority of Mujtahid Al – Taqlid ( the legist who is followed by Muslims ) ?
Answer :
Most of legists do not admit woman's possibility to hold such positions .
The Twenty – Second Question :
(( And when ge ask of them ( the wives of the prophet ) any thing , ask it of them from behind a curtain )) Al Ahzab ( the parties ) : 53 (( And stay in your houses )) Al Ahzab ( the parties ) 33 .
Are these verses specialized to address women of prophet Mohammad , are they the only meant by verses ? Are Muslim women also meant by verses ?
Answer :
The Quranic verses are delivered to woman of prophet Mohammad ( God's blessing and pbuh ) in particular .
The Twenty – Third Question :
When the obligatory duties on married Muslim woman like sexual intercourse and not going out of home without her husband's permission are in disagreement with political and social right of country , Should the marriage duties be at the head of those of the country and Islamic land ?
Answer :
The right of husband on his wife is to enjoy her to a socially familiar extent whenever and wherever he wants , wife must not deny him his right or go out of home without his permission , this fixed and definite right of husband upon his wife , is not in disagreement with her performing job out of home for six or eight hours considering that a husband is usually out for same period of time , but if he claims his wife as a kind of stubbornness so as to prevent her doing , Is she obliged to obey him ? there are two points to be discussed : a wife is not to obey her husband when he asks her his enjoyment all day because there are no legal evidences to support this obligation , yes , the husband must not prevent the wife her job when she is obliged by the head to carry out a job for the public welfare . However , the wife ought to give him his right , if her job is in disagreement with the duty towards the husband . In other words , the job should not compete with marriage duties , that is , rights of husband upon his wife .
In a situation like this : a woman has a job in the state , working as a teacher or holding a certain position , then , a man comes proposing marriage though she is employed , the woman accepts his proposal in a condition that she must keep her employment after marriage , and this condition is included in the contraction of marriage in this situation , he could not derive his wife the employment . This is also so applicable in another situation where a woman imposes a condition in the contraction of marriage that she should have a job after marriage .
If the man accepts this condition mentioned in the contraction , then , he can not deny it after marriage . Concerning the sexual intercourse , it . is the right of wife upon husband , not the reversal .
The Twenty – Fourth Question :
Does woman have the right to impose conditions in the contraction of marriage concerning her marriage duties : sexual intercourse and going out of home with her husband's agreement ?
Answer :
Woman has already this right when the conditions required are included in the contraction of marriage and the husband agrees them , he should be restricted to them , then .
The Twenty – Fifth Question :
Can the ruler have authority to do what caliph Omer – bin – Al – Khattab did in :
- His trial to limit dowers .
- His limitation of time a husband can . be absent from his wife .
- The giving for only the infants whose mother weaned them and not before that . Then , his turning a way to include each infant by this giving .
Answer :
Since Sharia does not limit dowers , the ruler can define them if he fined general benefits in this definition , In addition , he can define the specific period of time a husband could be a way from his wife .
Whatever position he may have , the rule , however , se not have the authority of changing Sharia's rule , even prophet Mohammad ( God's blessing and pbuh ) dose not have the authority of changing divine rule :
(( Nor doth he speak of ( his own ) desire * It is noughts ve an inspiration that is inspired )) Al-Najim ( the Stan ) : 3,4 .
Conclusion :
In view of the above , Muslim woman ought to protect her honor , chastity , purity , and keep her veil as a faithful woman , as much as she can , in all cases and direction including social , individual , family , political , individual , family , political , economical , educational , ….. etc .
Like woman , Muslim man ought to keep his honor , dignity , and his religion in all cases including political ones and the like and there is no difference between man and woman in this aspect , In addition , all those individuals have public status in the state , whether Islamic or not , should work hard for the benefit of Islam , Muslims and the country in all its dimentions in order to get security , stability , and social , justice . their purposes are not to achieve personal benefits at the expense of social qualified welfare . Yet , there is no difference between man and woman in this aspect .
End