In the Context of Islamic Jurispendence (Fıqh) an Cultural Reletions
Journal Title: Dini Araştırmalar -Altı Aylık Bilimsel Dergi- - Year 2016, Vol 19, Issue 49
Abstract
The inclusion of women more into the social life of the Republican era has brought with it criticism and evaluation of previous religious or social understanding and practices. This criticism and evaluations are more focused on the view of the Islam about women and almost all negativity in that point have been attributed to the Islamic religion. From press to the publication of textbooks almost everywhere unfair and unscientific accusations were made about Islam. Some scientists also have published scientific articles and books on the issue with a defensive approach. But it is a fact that historical experience and experienced real life also does not overlap with the ideas written in this works. We believe that this discrepancy is due to a procedural error. The "procedural" issues we mentioned and described as defective are also actually available today in terms of the perception of Islam. Most of the issues related to woman and her rights in Quran and Sunnah, which are the subject of criticsm, lose their problematic character when examined in the historical and cultural conditions. It is not to be forgetten that Mujtahids had given different provisions in different circumstances and they change their decisions/judgments if necessary. Jurisprudential provisions therefore are not the religion itself but its changeable and conditional comments of scholars/faqihs, When we examine the provisions of fıqh regarding women with an overview, we encounter many different provisions from being a judge to a president, being a witness to seeking a divorce, a guardianship (velayet) to tutelage (vesayet), obedience to her husband to family affairs. All these provisions may not be reasonable in today’s world. These should be assessed in terms of the day. Becouse every time the geography, culture, facilities and needs are different. This is one of the main causes af the sectarian differences. In that case some negative provisions relating to women are to be considered in this context and should not be Islam itself. We will try to put forward our thoughts on the subject in that frame.
Authors and Affiliations
Mustafa Yıldırım
Keywords
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- EP ID EP229043
- DOI 10.15745/da.268684
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