A Critical Study of Women’s Judgment Prohibition Theory from Jurisprudence Philosophy Perspective

Subject Areas : Private law

Alireza Pouresmaeili ¹ (دانشگاه سبزوار)
Alireza sadeqi ² (دانشگاه سبزوار)

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: woman, reason, judgment, Shiite jurisprudence, Ijtihad,

Abstract :

Women as judges has been one of the most challenging subjects in Shiite Jurisprudence (Fiqh), Law, Qur'anic Sciences, Hadith, and other fields. Some researchers in these fields have studied the women capacity for judgment and have tried to criticize the conventional approach in Shiite Jurisprudence that denies women's capacity to judge. This paper seeks to address the subject from a new perspective, i.e. the philosophy of Fiqh, and highlights the importance of Fiqh philosophy in Shiite jurisprudence, suggesting that this gap is created due to ignoring reasoning in Shiite jurisprudence. Finally, it is concluded that the issuance of such judicial decrees (Fatva) in Shiite Jurisprudence is rooted in the inefficacy of anti-rational Jurisprudence (Ijtihad) which can discredit Sharia as well