The Function of the Sunnīs’ Farewell Circumambulation for the Lawfulness of Women from the Shī‘ī Jurisprudence Perspective

Journal Title: فقه و اصول - Year 2015, Vol 47, Issue 100

Abstract

Among the most important differences between the Sunnīs and Shī‘as is the legal obligation of the circumambulation called ṭawāf al-nisā’ in the end of the Ḥajj pilgrimage and the consequences of its non-performance. Contrary to the Shī‘as, the Sunnīs’ jurisprudence the have opined the necessity of another circumambulation called ṭawāf al-widā‘ (farewell circumambulation) by putting aside ṭawāf al-nisā’. The present writing discusses the role of ṭawāf ql-widā‘ in the lawfulness of (intimacy with) women as a substitute to ṭawāf al-nisā’ from the viewpoint of Imāmī jurisprudence. Searching into the legal sources and enumeration of some instances of the sunna and some other legal rules and evidences that are able to prove the sameness of these two circumstances and/or at least the sufficiency of the Sunnīs’ practice has been dealt with mostly in this research. The reliable ḥadīth of Isḥāq b. ‘Ammār, sīra of the religionists, the non- mpressionability of the soundness and the successive order of the effects of ṭawāf al-nisā from its name and title, and the principle of obligation (ilzām) are among the instances the writer has dealt with.

Authors and Affiliations

Mahdi Mehrizi, Sayyid HamedHusayn Hashemi

Keywords

Related Articles

A Critical Review of "An Exploration into the Evidences on Devotionality of Zakāt and Khums

Having regarded as discredited the jurists’ arguments, one of the researchers has disproved the devotionality of zakāt (legal alms) and khums (one fifth levy) so as to thereby remove one of the most critical barriers for...

A Deliberation on the Principle of Al-ta‘zīr fī kull-i ma‘ṣiya (discretionary punishment in all sins)

The relation between crime and sin is of much importance in religion-based criminal law systems. In these systems, sin against Allah have a pivotal role in realizing crimes. In the Imāmī School, the criterion for crimina...

A Research on the Nature, Impacts, and Functions of Mahāyāt from the Viewpoint of Islamic Sects’ Jurisprudence and the Statutory Law

Division of profits from common properties, known in Islamic jurisprudence as mahāyāt, is a suitable solution for preventing the loss resulting from commonage and can allow for the possibility of equitable vindication of...

The Concept, Validity, and Mechanism of Refinement of the Basis of the Ruling

Refinement of the basis of the ruling (tanqīḥ al-manāṭ) is among the important approaches in the process of legal reasoning and inference of legal rulings. By applying this procedure, one can achieve the ruling criterion...

The Approach of Traditions concerning the Cause of Revelation in the Imāmī Jurists’ Inference from Āya 115 of Sūrat al-Baqara

Six causes of revelation have been related concerning āya 115 of Sūrat al-Baqara; i.e. the noble āya, ﴾To Allah belong the east and the west: so whichever way you turn, there is the face of Allah! Allah is indeed all-bou...

Download PDF file
  • EP ID EP190095
  • DOI 10.22067/fiqh.v47i20.24779
  • Views 90
  • Downloads 0

How To Cite

Mahdi Mehrizi, Sayyid HamedHusayn Hashemi (2015). The Function of the Sunnīs’ Farewell Circumambulation for the Lawfulness of Women from the Shī‘ī Jurisprudence Perspective. فقه و اصول, 47(100), 165-184. https://europub.co.uk/articles/-A-190095