JURIDICAL APPROACHES ANALYSIS BASED ON GENDER IN TESTIMONY

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ROSTAMI SOHEILA; ROSTAEI MEHRANGIZ

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2018 | Volume:14 | Issue:50 Page(s): 67-86

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Information Journal Paper

Title

JURIDICAL APPROACHES ANALYSIS BASED ON GENDER IN TESTIMONY

Author(s)

ROSTAMI SOHEILA | ROSTAEI MEHRANGIZ | Issue Writer Certificate

Keywords

TESTIMONYQ2

GENDERQ2

ISLAMIC JURISPRUDENCEQ1

TRADITIONAL APPROACHQ1

HISTORICAL APPROACHQ1

Abstract

The credibility of women’s TESTIMONY in ISLAMIC JURISPRUDENCE has been controversial. Although it is not a new subject and it has been proposed for a long time but this cannot avoid us not to address the new comments on this issue and not to consider different attitudes toward it in order to understand legislator’s opinion better. Two approaches can be proposed in this field. First, GENDER-based approach which treats a woman’s TESTIMONY as half of a man’s based on rational and narrative reasons. On the other hand, the second approach, in the historical context, attempts to adjust the attitudes which can be the cause of misunderstandings, through reinterpretation of situations in TRADITIONAL APPROACH and the analysis of citation reasons and provide the possibility to bypass the TRADITIONAL APPROACH based on time and space requirements and juridical-legal modernity in order to pave the way for a modern approach towards women’s TESTIMONY. The latter approach through accreditation to women’s TESTIMONY, assumes women’s TESTIMONY as a small issue in dynamism of ISLAMIC JURISPRUDENCE, so that it can keep pace with time and space changes.

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APA: Copy

ROSTAMI, SOHEILA, & ROSTAEI, MEHRANGIZ. (2018). JURIDICAL APPROACHES ANALYSIS BASED ON GENDER IN TESTIMONY. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 14(50 ), 67-86. SID. https://sid.ir/paper/134243/en

Vancouver: Copy

ROSTAMI SOHEILA, ROSTAEI MEHRANGIZ. JURIDICAL APPROACHES ANALYSIS BASED ON GENDER IN TESTIMONY. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2018;14(50 ):67-86. Available from: https://sid.ir/paper/134243/en

IEEE: Copy

SOHEILA ROSTAMI, and MEHRANGIZ ROSTAEI, “JURIDICAL APPROACHES ANALYSIS BASED ON GENDER IN TESTIMONY,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 14, no. 50 , pp. 67–86, 2018, [Online]. Available: https://sid.ir/paper/134243/en

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