A CRITICAL STUDY OF WOMEN’S JUDGMENT PROHIBITION THEORY FROM JURISPRUDENCE PHILOSOPHY PERSPECTIVE

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POURESMAEILI ALIREZA; SADEGHI ALI REZA

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Journal: JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES Year:2014 | Volume:10 | Issue:36 Page(s): 51-72

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Title

A CRITICAL STUDY OF WOMEN’S JUDGMENT PROHIBITION THEORY FROM JURISPRUDENCE PHILOSOPHY PERSPECTIVE

Author(s)

POURESMAEILI ALIREZA | SADEGHI ALI REZA | Issue Writer Certificate

Keywords

JUDGMENTQ2

WOMANQ2

SHIITE JURISPRUDENCEQ1

IJTIHADQ2

REASONQ2

Abstract

Women as judges has been one of the most challenging subjects in SHIITE JURISPRUDENCE (Fiqh), Law, Qur'anic Sciences, Hadith, and other fields. Some researchers in these fields have studied the women capacity for JUDGMENT and have tried to criticize the conventional approach in SHIITE JURISPRUDENCE that denies women's capacity to judge. This paper seeks to address the subject from a new perspective, i.e. the philosophy of Fiqh, and highlights the importance of Fiqh philosophy in SHIITE JURISPRUDENCE, suggesting that this gap is created due to ignoring REASONing in SHIITE JURISPRUDENCE. Finally, it is concluded that the issuance of such judicial decrees (Fatva) in SHIITE JURISPRUDENCE is rooted in the inefficacy of anti-rational Jurisprudence (Ijtihad) which can discredit Sharia as well

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APA: Copy

POURESMAEILI, ALIREZA, & SADEGHI, ALI REZA. (2014). A CRITICAL STUDY OF WOMEN’S JUDGMENT PROHIBITION THEORY FROM JURISPRUDENCE PHILOSOPHY PERSPECTIVE. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, 10(36), 51-72. SID. https://sid.ir/paper/134280/en

Vancouver: Copy

POURESMAEILI ALIREZA, SADEGHI ALI REZA. A CRITICAL STUDY OF WOMEN’S JUDGMENT PROHIBITION THEORY FROM JURISPRUDENCE PHILOSOPHY PERSPECTIVE. JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES[Internet]. 2014;10(36):51-72. Available from: https://sid.ir/paper/134280/en

IEEE: Copy

ALIREZA POURESMAEILI, and ALI REZA SADEGHI, “A CRITICAL STUDY OF WOMEN’S JUDGMENT PROHIBITION THEORY FROM JURISPRUDENCE PHILOSOPHY PERSPECTIVE,” JOURNAL OF ISLAMIC LAW AND JURISPRUDENCE RESEARCHES, vol. 10, no. 36, pp. 51–72, 2014, [Online]. Available: https://sid.ir/paper/134280/en

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