Appointment of Women as Judges in Shaykh Ṭūsī's Jurisprudence – Tracing the Roots and Analysis
Journal Title: فقه و اصول - Year 2010, Vol 42, Issue 85
Abstract
propounded by Shaykh Ṭūsī in his Al-Khilāf and Al-Mansūṭ, following the Sunnī's example. As one of the dignitary figures in the history of Imāmī jurisprudence, Shaykh Ṭūsī has played a great role in the qualitative and quantitative development of jurisprudence. Adopting a historical methodology, the researcher raises the following questions and deliberates on Shaykh Ṭūsī's arguments: Why did Shaykh Ṭūsī not make reference to "consensus" (ijma‘) in this issue? Why did Shaykh Ṭūsī not make reference to the outer aspect of the noble āya: ﴾Men are managers of the affairs of women﴿? [The Qur’an, 4: 34] To what extent is the historical validity of the ḥadīth referred to by Shaykh Ṭūsī? How analyzable is the principle of "non-fabrication of judgment" for a woman, which forms her most significant reason? Concentration on how to raise the issue, arrangement of the data, presentation of the fundamentals, and the achieved results of this issue, provide a suitable "form" for dealing with the "content" and analysis of the issue according to basic principles by the method of Jawāhirī jurisprudence in other jurisprudential discourses and issues.
Authors and Affiliations
Alī ī Tavallā
Keywords
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- EP ID EP183055
- DOI 10.22067/fiqh.v0i0.7922
- Views 119
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