A Review of Women´s Rights of Citizenship with Emphasis on Shiite Jurisprudential Teachings

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Vali Allah Safari ¹ , Mohammad Reza Ayati ² , Asghar Arabian ³

1 - Ph.D student of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2 - Ph.D student of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
3 - Professor of Department of Islamic Jurisprudence and Principles of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran. (Supervisor and Corresponding Author

Received: 2021-12-04 Accepted : 2022-01-12 Published : 2021-11-22

Keywords: Women, Islam, Quran, Shiite jurisprudence, rights of citizenship,

Abstract :

AbstractTo include women for citizenship rights is an important matter and it has been a subject of serious discussions in various schools. In the present research, after gathering related and relevant data from jurisprudential texts, Islamic approach to the women´s rights of citizenship were explored and analyzed. The results showed that, in Islam, the women´s rights of citizenship are of three aspects including primary rights, social rights and marital rights. Also, positive discrimination in favor of women is one of the social policymaking methods in Islamic Teachings as a solution for compensation for discriminative behaviors and realization of the women´s rights of citizenship. Ambiguities ascribed to Shiite jurisprudential approach regarding equal rights to women and men results from the fact that many humanistic schools don’t believe in distinctions between the similarities between women´s and men´s rights and the equality of those rights. This point can be analyzed in various issues such as heritage, punishment, testimony, divorce, judgment, and authority. Due to superiority of Islamic approach, in developing the women´s rights of citizenship its teachings can be followed and introduced as a model for legal schools.Keywords: rights of citizenship, women, Islam, Shiite jurisprudence, Quran