Download Title: Abrief Study On the Influene of Pre

The Journal of Women’s Studies and Research in Iran and Muslim Countries.
Vol 1,No 4,Summer and Fall 1994
Title: Abrief Study On the Influene of Pre-Islamic Cultures
on the Contemporary Status of Muslim Women
By: M.Gorji – M.Ebtekar
Summary : This preliminary study aims to focus on the basic underlying
interactions and influences that shaped the Islamic societies' attitudes and
rulings on women in the past and to some extent in contemporary times. In
issues related to women, both authorities and observers agree that a
striking degree of dichotomy has occurred between the Source Book
(Quran) which fonned the terrain of Islamic culture and the ensuing
interpretations and cultural traditions which gradually detennined the status
of the woman in society.
The Quran made a superior approach to the issue of gender, by
dealing with humanity as an integral entity and only specifying women when
addressing their personal and social concerns and specific rights.
The history of religions is a fabric of religious structure interwoven
with diverse cultures and customs which have settled themselves within
societies. While the customs and traditions of existing societies were
usually strongly influenced and transformed by the religion to take a
meaningful weight in line of the religious teachings; the interweaving of
existing culture with religion did undoubtedly also influence the
forthcoming interpretations and concepts of the faith particularly in the
practical and social dimensions.
In effect, interpretations of religions changed to varying extent
throughout different societies and time spans. These changes were both
beneficial and detrimental for the religion. The transformations were at
times so drastic that the major frameworks and principles of the religionwere manipulated
and distorted by the personal fantasies of the writers.
The most evident example of this trend is manifested in the distortion of
the divine books of the world, The Old Testament and the Bible. Religious
authorities of both faiths attest to the fact that during a particular period
after the advent of the religions the Books have been rewritten and
distorted to reflect the views of the dominant sects (Durant, 1944). As a
result there exists today several versions of each Book with major
differences among their texts. Each version is probably tainted by the
socio-economic environment of the times during which they have been
written.
The other major religion of the world, Islam has surprisingly
managed to escape this tragedy, and asserts that only one version of the
Quran exists today as a source of absolute consensus among the various
schools of Islam. This however does not imply that various interpretations
of the Book do not prevail, again influenced by the environment of their
times.
One of the prominent qualities of the Quran is that its laws and
decrees take a generalized form which must be necessarily subjected to
interpretation before they could be implemented. This in effect displays the
considerable degree of flexibility and universality of the Religion. The
Quran therefore becomes a dynamic progenitor moving ahead of time and
society. The interpreter or Jurist must nevertheless be a "trustee of God",
who can maintain the norms of justice and truth while considering the
conditions of time and place in his rulings. In fact, the concept of the
"trustee of God" (which corresponds with the concept of the infallible
Imam) alludes to the fact that a certain level of moral and spiritual
justification and affluence is necessary, to ensure that the interpreter is
not, like others, at the service of his/her egocentric needs and desires but
envisages the world at a more elevated level of contemplation. The Jurist
therefore becomes entrusted with the responsibility of safeguarding the
integrity of the Religion and ensuring its wholesome application in a
manner which would guarantee the advancement and betterment of that
society .
This responsibility becomes particularly demanding when we
Iconsider the endless interaction of customs, tradition and thought with
religion; infiltrating its ranks during centuries of turbulent social and
political developments.
In a conceptual value system, based upon the infallibility of Divine
Revelation and the essential element of Divine guidelines for individual
and social upliftment, it becomes increasingly important for the forbearers
to maintain what is original and authentic, stemming from the initial
source.
Apart from the Quran which is unanimously considered to have
reached our times without distortion, the issue of the Hadith (these are
documented statements and sayings from the Prophet and his
descendants), and the Sunnah (the life and actions of the Prophet and his
descendants), remain controversial particularly in light of the discreet and
traceless nature of such external influences.
Basically, the Hadith and Sunnah are not considered to be
absolute and infallible sources as is the Quran. The Quran, has been set
as the criteria for evaluation of the Hadith. This points to the fact than an
efficient evaluation system comprising of the Book and the "trustee of
God" must undergo a revision and reinterpretation of all Hadith, traditions,
juristic and legal rulings to purge Islam from the misinterpretations, mores,
and egocentric rulings, and deliver what has been revealed to the Prophet
and his teachings in their authentic form.
This preliminary study aims to focus on the basic underlying
interactions and influences that shaped the Islamic societies' attitudes and
rulings on women in the past and to some extent in contemporary times.
In issues related to women, both authorities and observers agree that a
striking degree of dichotomy has occurred between the Source Book
(Quran) which formed the terrain of Islamic culture and the ensuing
interpretations and culture traditions which gradually determined the
status of the woman in society.
The Quran made a superior approach to the issue of gender, by
dealing with humanity as an integral entity and only specifying women
when addressing their personal and social concerns specific rights. The
Prophet's attitude towards women and the biographies of women living at
his time, as well as the teachings of his descendants all indicate that
women were considered in the context of indispensable human rights, as
humans with identical spiritual and moral identity and broad individual as
well as social obligations, alongside men in all arenas of life. Historical
documents on early years of the establishment of Islam indicate that
women flourished in the social sphere in a vast spectra ranging from
educational and economic activities to effective presence in battlefront
and wars.
The status of the woman however, in connection with general
attitudes and rulings on their rights, was severely degraded during the
subsequent periods after the advent of Islam.
Beginning during the Ommayid and Abassid periods this trend
continued from dynasty to dynasty in Islamic nations. The origin of this
decadent trend coincides with the deviation of Islamic societies from the
methodology and system which the Prophet had established. The
absence of the "trustees of God" from the centers of decision-making and
politics meant that Islamic societies were ruled by despotic Caliphs who
interpreted the Religion according to their narrow-minded and egocentric
preferences. In those dark ages, the plight of women could not be
conceived to be better than that of slaves, even though exceptions may
have existed.
In an attempt to analyze the major routes or forms in which
Islamic thought and social practice was influenced we may initially
propose certain routes which when generalized can account for the major
influences)slam received throughout the ages:
1- The basic cultural framework upon which Islam originated or
spread, i.e. the Jahilia culture in the Arabian Peninsula or the Byzantine
cultures of the Mediterranean or the Zoroastrian and Sassanid cultures of
Iran, were undoubtedly instrumental in influencing and shaping the later
social mores.
2- The affiliation that the Quran made with the preceding divine
religions namely Judaism and Christianity was misinterpreted to indicate
Islam's overall approval and acceptance of these faiths and traditions in
the distorted form that they were represented in those days. The Quran
asserts that Islam is a religion in the line of Judao-Christian religions (Sura
Saff, Verse 6 ).
6. And when Jesus son of Mary said:
0 Children of Israel Lo ! I am the messenger of Allah
unto you, confirming that which was (revealed) before
me in the Torah, and bringing good tidings of a
messenger who cometh after me, whose name is the
Praised One. Yet when he hath come unto them with
clear proofs, they say: This is mere magic.
This was mistaken to indicate Islam's alignment with the prevailing
concepts of those faiths, while the Quran also asserts that the Tourat and
the Bible have been distorted by human interferences. (Sura Bagharah,
verse 79).
3- Certain planned actions were taken from the advent of Islam to
infiltrate Islamic viewpoints, or to choose those of its verdicts that served
their interests and to reject others which they found endangering to their
ambitions. (Sura Bagharah, verse 76 and Sura Nissa, verse 150).
76. And when they fall in with those who believe,
they say: We believe. But when they go apart one with
another they say: Prate ye to them of that which Allah
hath disclosed to you that they may contend with you
before your Lord concerning it? Have ye then no sense?
These preplanned ploys were probably also drawn up in later
stages as well.
4- Philosophers and theoreticians who formed the infrastructure of
disciplines like logic and philosophy before Islam, had a considerable
influence on the development of Islamic sciences. Aristotle was among
those considered as an undisputable authority among Islamic scholars
Given the fact there are obvious discrepancies between the
Quran and past and contemporary practices in the Muslim world, and
because the Quran presents an advantageous position regarding thedoctrines and mores of
pre-Islamic eras, we have envisaged a
comparative analysis of these main sources, (The Quran, pre-Islamic
doctrines and contemporary Muslim world practices and attitudes) in line
of facilitating a joint evaluation of these attitudes on some selected issues
of interest.
Twelve citations of social mores or cultural values each
comprising a reference to a historical case related to the pre-Islamic era
are mentioned. Cases have been selected on the basis of their similarities
and parallels are drawn with contemporary customs and attitudes in the
Muslim world. In each stance the explicit position of the Quran is
mentioned as an unquestionable contributor to human civilization and
culture and as a source of consensus among Muslims.
1) Account of Creation
A) The account of Creation serves as a framework for the
conceptualization of religious views on basic issues such as the essence
of life, human values and gender issues.
According to the Judao-Christian version, Eve was created from
Adams rib, to serve as his helpmate, Eve was originally deceived by
Satan and committed the sin and finally Eve was eternally cursed upon.(1)
Conceptually this account lays the major burden of humanity's
moral degradation on the delicate shoulders of the woman and acquits the
other (male) party of any prosecution. This basic idea has explicit
implications for ensuing ideological as well as social frameworks.
B) Islamic literature includes references and allusions to the
Judaic version of the account (2,3), without any mention or clear reference
to The Old Testament. Allameh Muhammad Husein Tabatabaie makes
this point in his interpretation of the Quran, "AI-Mizan". (4) Knowingly or
unknowingly such ideas have infiltrated the ranks of Islamic knowledge
without acknowledgment of their Israelite sources.
C ) The Quran makes no specific mention of gender during the
early stages of creation. Adam is even considered as a symbol of
humanity as a whole, and not as a figure of masculinity but as a human
being transcending all divisions of sex and race.
In all references of the Quran to the account of creation, in later
stages the plural (tathnieh) form of verbs have been used. This clearly
implies that both Adam and Eve were involved in all of the stages of the
event and no indication is given that Eve was initially deceived by Satan.
Both repent together and pray to God, their repentance is accepted. (Sura
Taha verses, 117-123, Sura Baghara verses 35-38). This implies no
sexist or gender-biased attitude for the account of creation which actually
sets the conceptual framework for human contemplation.
35. We said" 0 Adam I dwell thou and thy wife in
the Garden, And eat of the bountiful things therein, As yewill but do not approach this
tree or ye run into harm and
transgression.
36. Then did satan make them slip from the garden
and get them out of the state of felicity in which they had
been. We said "Get ye down all with enmity between
yourselves". On earth will be your dwelling place, And
your means of livelihood for a time.
37. Then learnt Adam from his Lord Words of
Inspiration and His Lord turned towards him for He is
Oft-Returning, Most Merciful.
2) Human Rights
A) In the Hammurabi code (1752 B.C.) the man's rights over his
wife, children and slaves were absolute. The husband could sell his wife
or children to repay a debt. (5)
B) The concept of absolute authority of the man and his
domination over all spheres of the woman's life influenced both scholars
and societies. The legal systems are also influenced so that entering
marriage curtails even her basic human rights. While the civil codes of
many Muslim countries like Egypt (16) and Iran have given due legal
considerations, others have not clarified the limits and conditions for such
religious rulings. The roots of such legislature might be found in the
reflections of scholars such as Ghazzali, who maintains that women
should be "the slaves of men and det~ined in the hands of men". (17)
C ) Islam is based upon submission to God alone. Human beings
are asked not to submit to any power other than the Absolute power.
(Sura Allmran verse 64).
64. Say: 0 people of the Scripture! Come to an
agreement between us and you: that we shall worship
none but Allah and that we shall ascribe no partner unto
Him, and that none of us shall take others for Lords
besides Allah. And if they turn away, then say: Bear
witness that we are they who have surrendered (unto
Him).
The Quran has made several references to women who disobey
their husbands, whether out of faith, such as Asieh the wife of Pharaoh,
proposed as a model for believing women, who defied her husband by
believing in the Prophet Moses; or out of disbelief such as the wives of
Noah and Lot.
The Quran also states the rights of believer women who have
chosen faith in defiance to their family and tribe, thus demonstrating their
rights to make independent decisions for themselves.
(Sura Mumtahanna, verse 1O, and Allmran 193)
10. 0 ye who believe! When believing women come
unto you as fugitives, examine them. Allah is best awareof their faith. Then, if ye know
them for true believers,
send them not back unto the disbelievers. They are not
lawful for the disbelievers, nor are the disbelievers lawful
for them. And give the disbelievers that which they have
spent (upon them). And it is no sin for you to marry such
women when ye have given them their dues. And hold
not to the ties of disbelieving women; and ask for (the
return of) that which ye have spent; and let the
disbelievers ask for that which they have spent. That is
the judgement of Allah. He judgeth between you. Allah is
Knower, Wise.
3) Sexual Slavery
A) The Hammurabi Code does not recognize any sexual rights for
the lowest social class, the slaves. (5)
B) Slavery is now a long abolished issue, but social classifications
in certain societies create similar socio-economic conditions where a
certain strata of women are deprived of their most basic personal rights.
These degratory attitudes are some times mistakenly attributed to
religious rulings. The condition of young girls given or actually sold in
marriage without their consent is, in several aspects similar to the
condition of slaves. Despite legal restrictions and govern;-nent endeavors
due to lack of education, poverty conventional traditions and customs, this
trend presists in countries such as Pakistan, Bangladesh (11) and to a
lesser extent Egypt. (16)
C) For every form of relationship between the sexes, the Quran
has set a code of standards and rights which must be observed and a
particular emphasis is usually given to the woman's legal and economic
rights. Even in the case of "muta'h" or temporary marriage, which is an
opportunity for a man and woman to benefit from each other without
necessarily accepting the heavy burdens of marriage, the Quran states
terms and conditions, whereby the economic and personal rights of the
woman are conserved. (Sura Nissa verse 24).
4) Social status
A) In Assyrian Law (1200 B.C.) women are classified on the basis
of their relationship with men in the patriarchal society, not as men on the
basis of their social role and occupation. (6)
B) Social mores and certain prevailing attitudes evaluate women
on the basis of the men with whom they are associated. Even women
politicians who have recently achieved senior political authorities in Asian
countries such as Pakistan and Bangladesh are considered to have done
so through the influence or prestige of their male family members.
C) Throughout the Quran, human beings, irregardless of sex, are
evaluated on the basis of their spiritual merits, ethical qualities and the
achievements they have made during their life. (Sura Ahzab, verse 35,
Sura Nissa, verse 24, Sura Asra, verses 13-15). 35. Lo! men who surrender unto Allah,
and women
who surrender, and men who believe and women who
believe and men who obey and women who obey and
men who speak the truth and women who speak the
truth and men who persevere (in righteousness) and
women. who presevere, and men who are humble and
women who are humble and men who give alms and
women who give alms, and men who fast and women
who fast, and men who guard their modesty and women
who guard (their modesty), and men who remember
Allah much and women who remember - Allah hath
prepared for them forgiveness and a vast reward.
5) Obeyance and social obligations
A) Zorastrian law and custom dating as far back as the first
millennium B.C. require that the wife totally obeys her husband. She was
required to say: " I will never cease all my life to obey my husband". (7)
B) Total obeyance to the husband, leaving no independent
personality for the woman has become the tradition and religious doctrine
in some societies. Women have restrictions on social activities and travel
in the civil code of many Muslim countries such as Iran and Egypt (16).
Such mores denote that women cannot accept social obligations and
responsibilities.
C) Human beings are each personally responsible for their actions
and no one person can accept the burden of another's actions. This
concept of the Quran which is in clear contradiction of any form of
absolute obeyance to another person, has been repeatedly mentioned in
several instances. (Sura Asra verses 13- 15).
13. And every one's augury have We fastened to
his own neck, and We shall bring forth for him on the
Day of Resurrection a book which he will find wide open.
14. (And it will be said unto him); Read thy book.
Thy soul sufficeth as reckoner against thee this day.
15. Whosoever goeth right, it is only for (the good
of) his own soul that he goeth right and whosoever
erreth,erreth only to his hurt. No laden soul can bear
another's load. We never punish u~til We have sent a
messenger.
While disobedience to the husband is defined in Figh as "when
the woman refrains (without basis) from delivering herself to her husband",
termed "Tamkin" and leaving his house without permission, which is
actually non-abiding in cases of obligations; however some common
interpretations tend to extend the limits of obeyance to infer absolute
compliance.
(The issue of obtaining permission from the husband for leaving the house
is stated as a Juristic ruling, certain limitations have also been set for this
verdict, giving an open hand to the woman to decide independently incases of obligations
that she has in face of God and her society and
compulsory deeds.) (8)
6} Preference of boys over girls
A) Producing a male heir was religiously enjoined in Zoroastrian
societies (9) and in Byzantine society, about five centuries after
Christianity emerged, boys were always preferred to girls. (10)
B) According to international statistics the female population has
fallen in comparison to that of males. Girl foeticide and infanticide and
negligence of the girl-child have been identified as the major causes. (11)
The reason for this is several-fold. Severe poverty, deteriorating socio-
economic conditions are the basic grounds for this gender discrimination
while social mores are also involved.
C) The preference of boys is explicitly mentioned and condoned
as a ritual of the Jahilia society in Sura Nahl, verses 57-59.
57. And they assign daughters For God! Glory be
to Him! And for themselves (Sons the issue) they desire!
58. When news is brought to one of them of (the
birth of) a female (child), his face darkens and he is filled
with inward grief!
59. With shame does he hide himself from his
people because of the bad news he has! Shall he retain it
on sufferance and contempt and or bury it in the dust,
Ah what an evil choice they decide.
It seems that due to a particular innate conception, civilizations of
the past have considered the Angels and even their Gods to be female,
this does indicate a degree of esteem in those societies associated with
the female sex. However, the Quran, in Sura Nahl, points out a very
delicate dichotomy between the beliefs of these people and their actual
social behaviours. These people who consider Angels to be female, roar
with anger when a daughter is born in their homes. This is a clear
contradiction; a source of gender-based discrimination.
7} Occupations
A) In Byzantine society occupations regarded proper for women
were those that could be undertaken at home like sewing, and weaving or
jobs which were inevitably necessary like midwifery. (2)
B) Women in many contemporary societies do not have equal
opportunity and access to education and occupations. Certain baseless
statements are attributed to the Hadith, ruling that women should be
taught spinning and weaving. It should be noted that many positions put
forth by the Hadith are actually relevant only in a particular context of time
and place and cannot be taken as absolute decrees. C) No restrictions are set for women
in domains of education and
work according to the Quran and Jurist rulings. The economic and social
rights of the woman have been explicitly stated. She owns her property
and whatever she earns independently. (Sura Nissa, verse32, Sura AIImran verse 195, Sura Ghafer verse 40, Sura Nahl verse 97, Sura Fater
verse 16).
32. And covet not the thing in which Allah hath
made some of you excel others. Unto men a fortune from
that which they have earned. and unto women a fortune
from that which they have earned. (Envy not one
another) but ask Allah of His bounty. Lo I Allah is ever
Knower of all things.
8) Seclusion
A) Free women in Athens were secluded from all social spheres,
so they could not be seen by men who were not close relatives. (13)
B) In some cultural traditions existing today it is preferred that
women stay in their particular social spheres without entering the domains
of the men. Seclusion is observed at varying degrees in societies, the
home takes the form of a prison for her. A certain scholar on ethics
asserts that "looking at women will cause moral degradation", for this
reason he proposed that women should be completely secluded away
from the eyes of men. (18)
C) All historians agree that at the advent of Islam men and
women attended social affairs and ceremonies together and
communicated with each other, while observing ethical codes. The issue
of Islamic covering or dress is in fact a negation of the idea of seclusion.
Women and men are in.vited to abide to chastity in codes of conduct and
dress, since this would enable them to engage in ethically "clean"
interactions at the level of their social and occupational necessities.
Nevertheless being with men does not necessarily cultivate the identity of
women. (Sura Nur, verses 30-31).
30. Tell the believing men to lower their gaze and
be modest. That is purer for them. Lo I Allah is Aware of
what they do.
31. And tell the believing women to lower their
gaze and be modest and to display their adornment only
that which is apparent, and to draw their veils over their
bosoms, and not reveal their adornment save to their
own husbands.
Another noteworthy statement of the Quran in this subject is the
"Mubahala verse" which is in essence the manifestation of a basic
ideologic and philosophic debate concerning the Prophethood of Jesus
and the distortions which beset the Faith after him. To prove their honestyand
determination in face of those who have lied and distorted the
message of Jesus Christ, the Quran asks the Prophet to gather with the
Falsifiers in a debate and prayer session including the women of both
sides specifically. (Sura AI-lmran, verse 61).
61. And whoso dispute with thee concerning him,
after the knowledge which hath come unto thee, say
(unto him): Come! We will summon our sons and your
sons, and our women and your women, and ourselves
and yourselves, then we will pray humbly (to our Lord)
and (solemnly) invoke the curse of Allah upon those who
lie!
9) Marriage
A) Aristotle asserts that the purpose of marriage and function of
women was only to provide heirs. (14) Will Durant states in his "Story of
Civilization", (15) that marriage was considered only as a means of sexual
satisfaction, and reproduction during the early years of Christianity.
B) The attitude exists today that marriage is strengthened only by
children, and it is common for the men to sever ties of marriage when they
understand their spouse is sterile. The footprints of Aristotle's ideas in this
regard are also expressed in some texts. In the civil code of certain
Islamic countries, the right to have children qualifies or encourages a man
to divorce a woman on grounds of sterility.
C) The Quran considers the purpose of marriage to be the
attainment of peace and comfort. The man and woman find each other in
a oneness and solidarity that leads to the moral and spiritual development
of both. (Sura Rum, verse 21).
21. And of His signs is this: He created for you
from yourselves that ye might find rest in them, and He
ordained between you love and mercy. Lo, herein indeed
are signs for folk who reflect.
10) Subordination
A) Aristotle believes that women are subordinate by social
necessity and also are biologically inferior in both mental and physical
capacities. (14)
B) In certain religious passages women are considered to be
biologically and mentally subordinate. Mullah Hadi a prominent
philosopher of the eighteenth century, among others has proposed a
similar viewpoint in his treatise. (16)
C) Throughout the Quran, human beings are classified only the
basis of spiritual and moral qualifications and not on the basis of gender or
race. Women have equitative (not identical) obligations and
responsibilities pointing to their equitative potentials and capabilities. (Sura
Nur, verse 26, Sura Hojarat, verse 13 ) 26. Vile woman are for vile men, and vile men for
vile woman. Good women are for good men and good
men are for good women; such are innocent of that
which people say: for them is pardon and a bountiful
provision.
13. 0 mankind! Lo! we have created you male and
female, and have made you nations and tribes that ye
may know one another. Lo! the noblest of you, in the
sight of Allah, is the best in conduct. Lo! Allah is
Knower, Aware.
11) Remarriage
A) The idea of remarriage for widowed or divorced women is
rejected in the cultural mores of Zoroastrian, Sassanid, and Christian
(fourth and fifth decades) societies. (7,15)
B) In some societies, the negative cultural attitudes still exist
concerning the remarriage of women, although negative views have been
rarely reflected in texts. The attitudes are such that widowed women
become reluctant to remarry, despite the obvious advantages they
foresee.
C) The marriage introduced by the Prophet was, in fact, flexible to
a great degree, neither age nor previous marriage banned women from
marrying with prestigious matches. The Quran makes mention of the
necessity of remarriage in various instances and in each case only moral
standards are mentioned. (Sura Nur, verse 26) The establishment of
social justice has also been stated as a reason for remarriage.
12) Temporary marriage
A) The custom of taking hundreds of concubines as harems
secluded by royalty was practiced during the Sassanid periods before
Islam.(17)
B) The issue of temporary marriages is yet considered to be one
of the unlimited realms of sexual relationships, although the matter of
Harems which continued for some time during ensuing monarchical
systems is now practically abandoned.
C) The verse which interpreters believe is referring to the matter
of temporary marriage is in Sura Nissa, verse 24. As mentioned previously
even that particular form of marriage has its regulations and limits,
maintaining the explicit rights of both sides involved, during and after
marriage, according to Islam. (Sura Nissa, verse 24 ).
24. And all married women (are forbidden unto you
save those (captives) whom your right hands possess. It
is a decree of Allah for you. Lawful unto you are all
beyond those mentioned, so that ye seek them with your
wealth in honest wedlock, not debauchery. And those of
whom ye seek content (by marrying them), give unto
them their portions as a duty, And there is in what ye do by mutual agreement after the
duty (hath
been done). Lo I Allah is ever Knower, Wise.
These historical analogies pinpoint to the roots of certain gender
biased socia! and religious misinterpretations prevailing today. The fact
that these views were conserved over a considerable time span and
managed to resist Islamic Jurisprudence and even to emerge at times as
dominant cultural traditions deserves attention. What is even more
noteworthy is the fact that the infiltration of these untoward attitudes on
women was so discreet, gradual and multidimensional that few questioned
their legitimacy in light of Quranic viewpoints.
There are however certain technical factors of the discipline of
Jurisprudence, (Ijtehad which literally means attempting and endeavoring
(to find the Truth and the Just) that made certain issues, like those related
to women less dynamic. For example in the discipline of Figh or Islamic
Jurisprudence the principle of "Ghole Mashour" stipulates that in any
particular ruling or interpretation, the Jurist may rely on the views of a
group of preceding Jurists, without personally indulging in research of
judgement concerning the ruling. Therefore, a particular attitude may be
conveyed, throughout a lengthy period of time, without any modification.
Not withstanding its merits on attaining unified views, this principle, in
effect decreases the dynamism of the discipline.
In general however, the Jurist is obliged to question and challenge
any ruling on the basis of the Quran and Intellect, taking into consideration
the stage of social development at that time. This gives the upper hand to
the Jurist who can revolutionize the field as some contemporary figures,
even at the senior level have. (8)
In matters related to traditional culture, since the backbone of the
Islamic societies are deeply religious and since Islam is strongly
interconnected with logic, reason and concepts of social justice, it is
evident that the existing misinterpretations and misconceptions will be
revised and eventually the society will be purged. The challenges of
modernist and post-modernist thought as conflicting ideologies have been
motivating factors for debate and contention.
The increasing establishments of women's schools of theology
enables women to find access to the resources necessary for reviewing
and revision of the discipline on the basis of equalitarian gender attitudes.
The emergence of senior woman theologians and jurists as well as scores
of young specialists in this field will inevitably add to the impetus.no sin for
youAcknowledgements:
The Authors would like to thank Hojj. Dr.Ahmadi and Dr. Mariam Vafaie
for their authoritative critic and helpful suggestions.
All Quranic translations used in this paper are from the translations of
Abdullah Yusuf Ali, or Marmaduke Pickthall.
References:
(1) Old Testament, 1956, New York. Also see, "A Comparison Between the Old
Testament, The Bible, The Quran and Science", Maurice Bucaille, Paris, 1964.
(2) The translation of the Meanings of Sahih al Bukhari, Trans, M.M.Khan, Oar
AI Fikr, Medina, 1981.
(3) Majlesi, M. The Bihar AI- Anwar, Oar al Ghalam, Ghom, 1968.
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(11) ESCAP Document, E/ESCAP/RUD/SOCWD/2, Regional Priority Issues and
Proposals for Action, Women in Social Development, 1994.
(12) Pomeroy S.B., Women in Classical Antiquity, New York, Schocken, 1975.
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(14) Durant, Will, Story of Civilization, Part III, Caesar and Christ, Simon
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(15) Sabzevari, Mulla Hadi, Sharhe Asfar, Ghom, 1958.
(16) Zulficar, Mona, The Egyptian Woman in a Changing World, in The New
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*Monir Gorgi, Center for Women's Studies and Research
Massoumeh Ebtekar, Tarbiat Modaress University