Investigating the rule of masculinity over women from the perspective of biological differences

Subject Areas : International Legal Research

batool doust mohamadi ¹ (PhD Student in Private Law, Faculty of Literature and Humanities, Yazd Branch, Islamic Azad University, Yazd, Iran)
ali rafiee moghadam ² (Assistant Professor of Private Law, Department of Law, Faculty of Literature and Humanities, Bahonar University, Kerman, Iran (Corresponding Author))
mohamad akbari ³ (3- Assistant Professor of Philosophy, Department of Philosophy, Faculty of Literature and Humanities, Bahonar University, Kerman, Iran)

Received: 2021-09-22 Accepted : 2021-10-18 Published : 2021-08-23

Keywords: racism, The dominance of men over women, the fallacy of nature, the superiority of gender,

Abstract :

3 jurisprudential rules The authority of men over women is based on verse 34 of Surah An-Nisa ', which is the source of many rules and regulations in jurisprudence and law, especially in family law and male-female relations. Male domination over women in our system, in cases such as the wife's obedience to her husband; Determining the location; The right of a man to oppose a woman's job; Citizenship; Husband's guardianship has affected children and many other cases. There have been different and sometimes conflicting interpretations of this verse. Some commentators in the interpretation of the verse "By the grace of God, some of them are Ali" some have mentioned more than ten cases in proving the superiority of men over women: Alimony and household expenses, and finally the divine decree. Some believe; The best interpretation of the above verse, according to the context of the verses before and after and even the beginning and the end of the verse, is related to the relations between men and women in the family. Others, by generalizing causes such as rational powers, have extended the ruling of the verse to society and believe in the guardianship of men over women. . However, there is strong scientific evidence that strongly denies the biological difference between men and women in sexual matters; But assuming the acceptance of the theory that in the real world, in the nature of human beings,