نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
This article aims to examine the issue of gender-based preference in the system of Islamic legislation and laws concerning men and women, with a focus on the verses of legal rulings (Āyāt al-Aḥkām), using a qualitative content analysis method. Considering the differences in rights, duties, and jurisprudential rulings between men and women and the emergence of suspicions of gender discrimination, the verses containing the word “faḍḍala” (preferred) as well as the legal verses related to the individual and social spheres of men and women were studied. In the Qur’an, God Almighty refers to signs of preference in 15 verses. In some verses, the enjoyment of material and spiritual blessings by creatures is presented as a sign of preference; in others, the issuance of legal rulings in favor of men or women is introduced as an indication of preference; and in a third category, preference is regarded as the result of the value-oriented and voluntary actions of human beings. The main focus of this research is on the second category, namely preference arising from legal rulings. The analysis of 27 verses from the Qur’anic legal verses related to worship, marriage, dowry(mahr), alimony(nafaqah), guardianship(qiwāmah), inheritance, testimony, divorce, jihad, blood money(diyah), and other issues shows that preference in these rulings is not exclusively in favor of men; rather, in some cases, the rulings are in favor of women, and in other cases they are accompanied by concessions granted to either of the two genders, or even legislated equally between them. The enactment of these rulings is based on the wise divine system, the ontological (innate) differences between men and women, and real interests. Therefore, preference in legal rulings is not necessarily accompanied by preference in the inherent dignity of human beings and, consequently, does not imply gender discrimination or inherent superiority of individuals.
کلیدواژهها English