The Woman: The Ever-Suffering Victim of History (Volume 4)

The Woman: The Ever-Suffering Victim of History
(Volume 4)
(May her secret be sanctified)

Ayatollah Mohammad Reza Nekounam

Author’s Details:
Nekounam, Mohammad Reza, born 1327 SH

Title & Creator:
The Woman: The Ever-Suffering Victim of History / Mohammad Reza Nekounam

Publication Details:
Islāmshahr: Sobhe Farda Publications, 2nd Edition, 1393 SH (2014 CE)

Physical Description:
4 Volumes

ISBN (Set):
978-600-6435-46-6

ISBN (Volume 4, 2nd Edition):
978-600-6435-51-0

Catalogue Information:
FI-PA

Subject:
Women

Congress Classification:
1393 9 Z 8 N / 1208 HQ

Dewey Decimal Classification:
305 / 4

National Bibliography Number:
2846409

Publisher:
Sobhe Farda Publications

Edition:
2nd Edition, Date of Printing: 1393 SH

Print Run:
3000 Copies, Price for the Set: 258,000 IRR

Publishing Location:
Tehran – Islāmshahr – Nasimshahr – Vejahabad

Street Address:
Javaherzadeh Street, Block 12, No. 36

Postal Code:
3769138575

Distribution Centre Phone:
025-32 90 15 78

Website:
www.nekounam.ir

ISBN for Volume Set:
978-600-6435-46-6

ISBN for Volume 4, 2nd Edition:
978-600-6435-51-0

Copyright:
Reserved for the author.

Chapter Ten: Women in Society

Chapter One: The Victimhood of Women in Society

Islam’s Support for Women

In the grand scheme of creation, although everything has been created in pairs[1] and there is no inherent difference between male and female in the essence of creation, their rights, and other aspects, there are naturally rational grounds for differentiation that cannot be denied. Throughout history, many individuals and groups have unjustly and even cruelly treated others, especially women, driven by personal or group interests, with a lack of responsibility and commitment, exploiting them mercilessly. Many have kept women for their own desires, treating them like slaves, except that while slaves were freed with money, women always remained in captivity.

Women have constantly suffered from various societal imbalances in their father’s home, their husband’s home, and in society at large. Even today, women worldwide—especially in developed countries—are trapped in a different form of entrapment, caught by the claws of seemingly human predators. Just as once women were denied inheritance, lacked familial ties, and were buried alive by their masters, they now face other challenges that in many ways may be as harsh as before. This is so apparent that there is no need to provide examples or elaborate on the vulgar forms of their exploitation.

In the distorted religions before Islam, there was no recognition of women’s dignity. For instance, the Christian clergy openly declared, “Women are human beings, but they are created to serve men.” This sentiment mirrors many other instances in distorted religions and among different nations.

Among various tribes, certain groups like the Jews did not even consider women equal to men. During their menstrual period, they would be treated as unclean, much like lepers, and were sent out of their homes.[2]

Islam is the only ideology that views men and women as equals in all aspects of human rights. However, it differentiates in a reasonable and logical manner—based on the nature of men and women—without extremism. In other words, men and women are equal in rights, but not in every respect. The Holy Qur’an speaks of this:

“O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Wise.” (Qur’an 49:13)

“Indeed, I will not allow the deeds of any worker, male or female, to go to waste.” (Qur’an 3:195)

“Whoever does righteous deeds, whether male or female, while being a believer—those will enter Paradise and will not be wronged.” (Qur’an 4:124)

From these verses, as from many others, it becomes clear that humanity is equal under the title of “people” (nas), and only the nobility and worth of individuals determine their value in the sight of Allah. Allah does not wrong any individual’s deeds, whether male or female, and rewards them generously for their righteous actions.

Islam provides a complete, correct, and comprehensive protection for women, considering their intrinsic nature and characteristics. This protection is free from any kind of demeaning or pity-driven portrayal, bias, or female superiority. It is a rational defense, based on the true nature of women, and it continues today. Women, who are still exploited under beautiful words, titles, and Satanic schemes, are often led astray from their natural path.

Now, let us look at examples of how Islam has defended and protected women, particularly during times and within cultures where women were treated as property, suffering from oppression and lacking any means of defense.

Four Daughters!

One narration goes:

An individual came to the Prophet (PBUH) and informed him that his wife had just given birth to a daughter. Upon hearing this, the man’s face turned pale. The Prophet asked, “What happened?” The man replied, “It is good.” The Prophet insisted, “Say it.” The man explained that he had just left when he learned that his wife had given birth to a daughter. The Prophet said, “The earth accommodates her, the sky shelters her, and Allah provides for her, and she is a sweet-smelling flower to be cherished.”

Then the Prophet addressed his companions and said: “Whoever has one daughter is overwhelmed, but whoever has two should seek refuge in Allah, and whoever has three, his jihad (struggle) and all burdens are lifted from him. And whoever has four daughters, O servants of Allah, support him, lend him money, have mercy on him!”[7]

This hadith illustrates the profound concern people had regarding the birth of a daughter and how the religion supported the protection of daughters. It also reflects the difficult circumstances faced by daughters in that society.

Islam and Its Perspective on Women

After discussing how Islam defends women, we now turn to its overall perspective and approach to women. This perspective should serve as the basis for every Muslim’s actions and interactions. By understanding this perspective, we can assess how much societal attitudes toward women are rooted in Islam, and how much they are influenced by tribal customs, superstitions, misinterpretations of religion, or social aberrations.

“Beautified for people is the love of that which they desire—[women], children…” (Qur’an 3:14)

The attractions of the world, such as women, children, gold, and other desires, are among the natural and divine creations that attract people. These desires are part of the divine plan.

The Wealth and Children as the Ornament of Life in This World

“Wealth and children are the adornment of the life of this world.” (Quran, Surah Al-Kahf, 18:46)

This verse identifies children as the adornment of life in this world, without differentiating between daughters and sons, referring to both in the same manner.

Imam Abu Abdullah (PBUH) said: “There is no pleasure for people in this world or the Hereafter more delightful than the pleasure derived from women, and this is the meaning of the verse of Allah Almighty: ‘Beautified for people is the love of that which they desire – of women, children…’” He continued, “In Paradise, the inhabitants will not find anything more delightful than the union between man and woman, neither food nor drink.” (Al-Kafi)

From this verse and the narration, several key points are evident:

1. Naturalness and Divine Design of Pleasure: The love, desire, beauty, and enjoyment associated with women are not only natural but also part of Allah’s design, manifesting in both this world and the Hereafter. The verb “is beautified” indicates that this attraction is inherent and divinely willed. Therefore, seeking pleasure and enjoyment is not to be condemned or seen as improper.
2. Unique Pleasure of the Union: The Imam also mentions that the pleasure of marriage and sexual union in both this world and the Hereafter surpasses that of food and drink, even if they be as pure as the drink of Paradise or clarified honey. This demonstrates the unique and paramount value of sexual enjoyment.
3. The Role of Women in Fulfillment: These teachings underline the importance of women in all aspects of both this world and the Hereafter, highlighting their indispensable role in the spiritual and material success and well-being of men.

The Legitimacy of Enjoying God’s Blessings

“O you who have believed, do not prohibit the good things which Allah has made lawful to you, and do not transgress. Indeed, Allah does not like transgressors.” (Quran, Surah Al-Ma’idah, 5:87)

In the narration explaining the context of this verse, the Prophet Muhammad (PBUH) describes women as the “good things” (ṭayyibāt), emphasizing the importance of not avoiding lawful pleasures. He said: “Why do some of you prohibit the good things upon yourselves? I sleep at night, have relations with my wives, and break my fast during the day. Whoever turns away from my tradition is not from me.” (Sahih Bukhari)

This verse and its narration highlight several important points:

1. The Encouragement to Enjoy Life’s Blessings: The Prophet urges believers to enjoy what Allah has made lawful and to refrain from prohibiting themselves from these blessings. He emphasizes that denying these pleasures constitutes transgression, which is displeasing to Allah.
2. The Status of Women as Part of Allah’s Blessings: Women are specifically included in the good things (ṭayyibāt) of this world. The Prophet’s clear statement challenges any notion that would demean or overlook the value of women as sources of enjoyment and fulfillment.
3. The Normalcy of Marital Relations: The Prophet affirms that engaging in marital relations, resting at night, and eating during the day are all part of his practice and should be understood as natural, healthy, and lawful aspects of life that should not be forsaken for the sake of extreme asceticism.

The Prayer for Blessing in Both Worlds

“And among them are those who say, ‘Our Lord, give us good in this world and good in the Hereafter, and protect us from the punishment of the Fire.’” (Quran, Surah Al-Baqarah, 2:201)

Numerous narrations indicate that “good” (ḥasanah) in this verse is often interpreted as referring to a righteous and suitable spouse. The infallible Imams (PBUH) described a good wife as a precious gem in this world, elevating her status to that of the houris (the beautiful women of Paradise). In fact, a virtuous woman is said to be of greater value than all the material wealth in the world.

Indeed, what could be more precious than this divine gift—a woman who embodies the essence of love, tenderness, and nurturing, the very foundation of a man’s happiness and success in both this world and the Hereafter?

However, it should be noted that the “good” referred to in this verse is not limited to physical beauty or material wealth; rather, it refers to the qualities of faith, virtue, and righteousness. A woman who possesses these virtues is considered truly adorned, regardless of outward appearances.

The Equality of Men and Women

In response to the common, erroneous perception of the superiority of sons over daughters in some cultures, Islam unequivocally rejects this view. Not only did Islam prohibit the pre-Islamic practice of female infanticide, but it also granted women an esteemed place within society, placing no inherent value difference between male and female offspring.

For instance, in the Quranic narrative, when a righteous couple lost their son, Allah granted them a daughter, and from her descended seventy prophets. This highlights that the value of a daughter, especially one who is virtuous, is equal to, if not greater than, that of a son. Women are thus equally capable of being divine instruments of greatness and blessing.

The Misconception of Male Superiority

In the verse “And the male is not like the female” (Quran, Surah Al-Imran, 3:36), one might assume that this suggests male superiority over females. However, this verse is not a statement of hierarchy. Rather, it reflects the unique role and miraculous nature of women, as seen in the case of Maryam (Mary), who bore Isa (Jesus) without a father. Therefore, the difference between males and females is not about superiority, but rather about the distinct roles that each has in the divine plan.

The Holistic Role of Women in Society and Family

In another narration, Imam Ali ibn Husayn (PBUH) would ask about the health and well-being of a child before inquiring whether the child was male or female. This reflects the emphasis placed on the importance of the child’s overall health and well-being, rather than their gender.

Furthermore, the Prophet Muhammad (PBUH) said: “Daughters are a blessing, and sons are a gift; for the former, reward is given, and for the latter, a test.” This highlights the value of both genders, but also acknowledges the specific responsibilities that come with raising boys.

Another point is that, on the Day of Resurrection, all forms of attachments will be severed — except the attachment of a woman to her husband, which remains part of her unified being. Initially, the attachment to children is cut off — the most intense of all attachments — followed by the attachment to a wife, which is less intense, then to a brother, which is mutual, and finally, the more distant attachments to the tribe and nation, until the entire population of the earth is affected. Indeed, the message of this verse is the complete severance of all attachments on the Day of Judgment, referred to as “the Day of Separation” (Yawm al-Fasl).

From the sacrifice of “all those on the earth” (man fi al-ard jami’an), it can be inferred that humans, having access only to the earth, desire to sacrifice all that is on it for their own salvation. If humans had access to other realms, they would undoubtedly do the same; for on earth, no one escapes their selfishness, and all are prey to it.

Now, after discussing examples of Islam’s positive view towards women, one might question: if Islam supports women, why does it not consider them equal to men in social matters?

In response, it should be said that the objections raised about women in Islam and the Qur’an have suitable answers. Upon examining these, it will be evident that none of them are valid. They stem from misconceptions, incorrect mentalities, and a lack of proper understanding of Islamic rulings.

The misconceptions about women in relation to religion generally fall into two categories:

1. Some issues and rulings are not as they have been perceived.
2. Some are as they have been stated, and should remain as such, but their wisdom or rationale has not been fully clear to everyone.

In these discussions, we must reach a point where, even if the Sharia did not decree these rulings, we would accept them rationally, for from an intellectual standpoint, these rulings must be as they are. Of course, some of the objections raised concerning women are related to societal issues, which can only be resolved by eradicating corruption and social imbalances.

Now, we will briefly address some of the misconceptions that have not yet been discussed in this book — such as the limitations on women’s professions, social activities, ownership, inheritance, and compensation — and provide responses. This will clarify that all religious rulings, particularly those concerning women, are based on rational necessities and that Islam has consistently supported women. To this end, we first highlight several key points:

Differences and Distinctions

Human beings are endowed with consciousness and free will, and the universe is a field for their attainment of perfection, a common direction shared by both men and women. Both men and women eat, sleep, walk, breathe, think, and speak; these are general aspects, and in many of these respects, animals share similarities with humans, since humans are biologically classified as animals and part of the living beings.

While both men and women are complete humans, possessing intellect, consciousness, will, and the ability to make decisions and choices, as well as a range of shared attributes and abilities, each gender has its own unique qualities based on their inherent characteristics, structure, and creation. Some of the advantages of women include stronger emotional sensitivity, greater intensity in affection, the capacity and fervor for child-rearing, beauty, and the ability to arouse male emotional responses. On the other hand, men possess advantages in areas such as rationality, leadership, physical strength, and greater capabilities in social and physically demanding roles.

Overall, there are inherent differences between men and women that make them complementary rather than identical. These differences mean that one cannot function without the other in the development and continuation of human life. Without women, men would lose their value, and vice versa. In short, the absence of one would render the other incomplete, which illustrates the complementary nature of the two. A society or humanity without either men or women could never truly exist or thrive.

Objections to Three Characteristics of Women:

Delicacy, Sensitivity, and Attractiveness

Philosophically and psychologically, women possess three prominent characteristics: delicacy, sensitivity, and attractiveness.

By virtue of her delicate creation and intricate, awe-inspiring structure, a woman possesses desirable qualities that enhance her beauty, perfection, charm, and grace.

Humans, in general, are emotional beings. While men also experience emotion, their hearts are filled with affection, joy, love, as well as anger and hatred, it is women who predominantly excel in this unique and irreplaceable gift. Women are not just emotional but possess boundless feelings. They are emotional beings, and their emotions often overpower their intellect, particularly in moments of crisis. A woman’s behavior, decisions, actions, and responses — whether in approval or disapproval, affection or anger — are largely governed by her emotional state rather than her intellect.

Moreover, another clear and defining feature of women — both spiritually, psychologically, and even physically — is “delicacy.” A woman’s body, soul, heart, and mind are filled with elegance and finesse. The essence of her being, like the beauty of her physical form, is delicate, refined, and exquisite.

Her soft, gentle gaze, her calm and delicate voice, her graceful movements, and her behavior all reflect beauty and elegance. She is a living embodiment of grace and softness, mirroring her Creator’s delicate touch in her form.

The next quality is attractiveness. God, the Most Beautiful, has crafted the structure and appearance of women in such a way that every movement and gesture of a woman is naturally appealing, desirable, and beloved by men. A man, without a woman, finds himself lost on earth, and in the heavens, he cannot find anything that equals her. Indeed, the essence of existence without a woman feels incomplete and lacking.

Women are not just desirable to men, but they are the very embodiment of beauty and affection in creation. A woman is a symbol of beauty and tenderness, and a man’s heart, soul, and desires are naturally drawn to her. A woman knows that she is desired and cherished by men, and with this natural gift, she moves gracefully through life, reveling in her feminine allure.

A Question of Exploitation

Now, one might ask: Are these characteristics the cause of women’s exploitation in various societies by opportunistic individuals and profit-driven groups? Do these attributes not stimulate the male drive for exploitation? After all, where there is a ruling, there must be a cause.

In principle, the characteristics of femininity — such as delicacy and emotional sensitivity — are intrinsic to women. If these traits did not exist, society would not seek them, and men would not desire them. Just like fruits such as pears or apples, whose very essence is to be consumed, a woman’s essential traits — beauty, delicacy, sensitivity — are part of her existence, and exploitation only arises when these attributes are misused or abused.

However, a woman is not merely an object to be consumed. If a woman did not possess beauty, sensitivity, and desirability, would she attract any attention? Would she be considered valuable if she lacked these qualities? Would she have been created only to be consumed or used?

Thus, it is clear that the very traits that make women desirable are not the cause of their exploitation. Exploitation arises not from the inherent qualities of women but from the incorrect treatment of them. Misuse of a woman’s characteristics by men or society results in harm, not the inherent traits of the woman herself.

Conclusion: The Need for Law, Conscience, and Faith

While the actions of many individuals in various societies may seem to indicate that women are created solely for the benefit of men, and that their exploitation stems from their beauty and emotional qualities, such views are outdated and incorrect. Only Islam offers a clear and just stance against such notions and provides an ideal framework for the protection and respect of women.

To prevent exploitation and ensure the proper treatment of women, three essential elements must be present: Law, which governs society; Conscience, which governs the individual; and Faith, which must be present both in the individual and the collective.

In society, the law should be just and universal. In the individual, conscience should guide moral behavior, and faith should inspire righteous action. Together, these three elements provide a complete system for protecting the dignity of women and ensuring their proper treatment in society.

The Position of Women and Men in the Home and Society in Islamic Thought

To answer the fundamental question and address the macro issues within any society—particularly an Islamic society—it is essential to clarify the roles and positions of both women and men within the family and the wider community. This will allow us to explore the Islamic perspective on these matters.

Social Classes

Human society, in general, can be divided into six categories:

1. Children, young individuals, and the elderly;
2. Farmers and workers;
3. Governors, leaders, defenders of the society, and protectors of the borders;
4. Artisans, traders, and those involved in the supply and demand sectors;
5. Scholars, scientists, and intellectuals;
6. Women.

It is important to note that these categories should be understood in a broad sense, not as exhaustive classifications. For example, while women must play an essential role in their specific social domains, they are also capable of active participation in all levels of society. However, due to their intrinsic qualities of tenderness, sensitivity, beauty, and vulnerability, women are less suited for the arduous and physically demanding activities that many societal roles require. Therefore, their social involvement should be balanced with their primary role in managing domestic affairs, preserving their beauty, and safeguarding their health. Women, while integrally involved in all societal classes, do not need to follow the exact same path as all other categories. Rather, they should be a motivating force for all societal classes, actively engaging in essential tasks relevant to their roles.

The first four categories (practical forces) and the fifth category (intellectual and theoretical forces) play different functions in society. In a progressive society, the intellectual class naturally governs, and the other social classes follow its lead. If a society is not healthy and its intellectual class does not possess a robust, intellectual, and technological foundation, it will become stagnant. Consequently, people will not experience peace, comfort, or prosperity.

Woman: Domestic or Social Being?

A crucial question that arises in the discourse about women’s roles in both the home and society concerns whether women are primarily domestic or social beings.

The answer to this question lies in understanding that, just as men and women complement one another in general, they also complement each other in their respective roles within the home and society. While both genders share certain responsibilities, each has its distinct duties, shaped by individual characteristics. Men and women each need to embrace their own roles with commitment.

Women possess delicate spirits, refined natures, and abundant emotional sensibilities. Their physical and psychological traits are not suited to the strenuous and heavy tasks required in many public or social roles. Furthermore, excessive external employment can cause them to lose their inherent beauty, freshness, and femininity, qualities that are essential for their roles as wives, mothers, and caretakers of the home. As such, Islamic teachings highlight the fundamental importance of women’s presence and leadership within the home. While Islam does not dismiss the importance of women’s participation in public life, it insists that their primary role within the household should remain central. Their participation in public life is secondary but still significant and should enhance rather than detract from their familial duties.

A woman must take care to maintain a warm and vibrant home environment, which will in turn nourish the community. Her active, meaningful engagement in society is essential, but it should be confined to spheres where her unique qualities—such as compassion, tenderness, and sensitivity—are most needed. Women should not take on the burdensome roles that men traditionally fulfil in public life but must contribute to their own gender-specific areas, such as healthcare, education, and other professions that cater specifically to women’s needs.

It is important to note that, although women have a distinct role within the family, they should not be seen as irrelevant or unimportant in the wider society. There are many essential tasks that only women can perform effectively, and these should be pursued with commitment and competence. Women should be encouraged to participate in these areas and further their independence within society while balancing these activities with their primary responsibilities in the home.

Work and Domestic Life

Work within the home should not be seen as an obligation for women. In fact, scholars have affirmed that domestic chores are not an obligatory duty for women. A woman can even be paid for tasks such as breastfeeding her child, a role traditionally seen as part of motherhood. However, in many Muslim societies, women are often burdened with excessive, unnatural workloads, which do not align with the Islamic vision for gender roles.

In numerous households, women are overburdened to the point of acting as servants rather than spouses, sometimes having to bear the financial burden of the household as well. This disparity is a consequence of social and familial dysfunction. In a well-functioning home, women should not be forced into such dire circumstances; rather, they should fulfil their natural roles as caregivers, educators, and nurturers, roles that are fulfilling and necessary for the functioning of a healthy society.

In light of this, the assumption that women are unemployed or idle is a misconception. Women have multiple responsibilities both within the home and in society. They manage households, nurture children, and fulfil many roles in the public sphere that require qualities unique to them. The role of women is far from one of passivity. A healthy society depends on women maintaining their well-being and fulfilling their familial duties.

Division of Labour

The division of labour between men and women must be based on justice, fairness, and an understanding of the natural abilities of each gender. Certain tasks are inherently suited to women, while others are more appropriate for men. For example, childbirth and nursing are uniquely women’s roles, while the physical demands of construction or heavy transport are typically more suited to men. Women should not be expected to take on tasks that are unnatural or burdensome for them, nor should men neglect their responsibilities in the home.

Both men and women must contribute to the household, but the division of labour must be fair and well-organised to ensure that neither party is overburdened or neglected. In many cases, both men and women can share responsibilities within the home and the public sphere, but this must be done in a manner that respects their physical and emotional capacities.

Women in the Workplace

Women, like men, are free to choose a career or occupation, provided it is in line with their unique capabilities and responsibilities. However, it is not necessary for women to engage in every type of work, particularly work that is unsuitable for them. For instance, being a truck driver or performing heavy manual labour does not necessarily benefit women or society, while roles related to healthcare, teaching, or other female-centric professions are essential and should be encouraged.

Islam acknowledges the necessity of women working in society, but it also insists that women should not neglect their familial duties or compromise their health and well-being. Women must strike a balance between contributing to the broader social good and preserving their roles within the home and family.

Conclusion

Islam acknowledges that women have both domestic and social roles, with distinct responsibilities. It is neither correct to claim that women should only be confined to the home nor to suggest that they should have the same roles as men in all spheres. Women and men have complementary, yet distinct, responsibilities. By respecting these roles, a harmonious balance can be achieved, ensuring that both the family and society thrive.

Women’s Employment in Society

Speaking and Communication of Women

To discuss a range of ordinary matters and public occupations for women, it is essential to first clarify the ruling regarding a woman’s speech and communication with non-mahrams (those who are not close relatives in Islamic terms). It must be stated that in any given society, women make up about half of the population. Consequently, this group is inevitably required to communicate with others, including both men and women, in order to interact and engage with the world.

The question arises as to whether a woman, in her normal state and at her discretion, is permitted to speak with non-mahram men and other ordinary individuals, or if she is only allowed to do so in emergency situations. If this question can be clearly answered, the position of women in everyday interactions, as well as in contexts such as public speaking, lecturing, teaching, judicial responsibilities, and engaging in debates with the presence of men, will be defined.

Islam is a religion of nature, and all its rulings are based on specific criteria and standards. No ruling in Islamic jurisprudence is without regard to these standards. Generally, in the sacred religion of Islam, there are no purely arbitrary laws without a rational basis, even though it is natural that the reasons or wisdom behind some rulings may not be clear or accessible to everyone.

To prove any ruling, two kinds of evidence can generally be provided: one is a specific proof from the Qur’an, and the other is an authenticated narration from the Infallible Imams. Of course, rational proofs or logical connections, whether specific or general, can also be grounds for rulings or constitute the rationale for a specific legal decision.

Evidence for Permissibility

The first principle regarding a woman’s communication with a non-mahram is permissibility, and no prohibition exists unless proven otherwise. If no external obstacles or incidental factors prevent this, then there is no issue with a woman and a man conversing with each other. This aligns with the general principle in Islamic law that men and women share equal rights in most matters, and any ruling that is specific to one gender must be clearly stated in the scriptures and have a legitimate religious basis.

It must be noted that throughout history, women’s roles have faced extreme shifts, from exaggerated restrictions to unrestrained liberties. At the time of Islam’s advent and the revelation of the Qur’an, due to the specific social and cultural conditions, the prevailing notion was that women did not need to speak with men, and consequently, a woman’s communication with a non-mahram was considered strictly forbidden. However, there is no clear evidence supporting such a restriction in Islamic teachings.

Evidence for Prohibition

Islamic jurisprudence considers covering a woman’s body in prayer to be an absolute necessity, regardless of whether the person is a non-mahram or not. This is because, in general, a woman’s body is considered ‘awrah (private parts), just as a man is required to cover his private parts during prayer.

Contrarily, regarding a woman’s voice, scholars have stated that in audible prayers (such as those performed aloud), it is not obligatory for a woman to raise her voice in the same way as men, and she is allowed to recite prayer in a low voice if she is in the presence of non-mahrams.

As for the permissibility of a woman’s voice, some scholars argue that the voice of a woman is like ‘awrah, meaning it should not be heard by non-mahrams. However, no evidence exists that explicitly states the voice of a woman is inherently ‘awrah. In fact, narratives from the Prophet’s companions and female figures such as Fatima (SA) contradict this claim. Furthermore, hadiths state that a woman can recite aloud as long as non-mahrams do not hear her.

The Role of Speech in Women’s Employment

When considering a woman’s speech or communication in public roles, such as teaching or legal work, Islam permits these actions as long as the context respects Islamic principles of modesty and does not lead to corruption or immorality. This applies to women teaching or lecturing men, being involved in legal proceedings, and speaking in public debates or speeches.

The important principle to remember is that the key criteria in all forms of male and female interaction, including speech, is the preservation of ’ifaf (chastity) and purity. If these principles are safeguarded, there is no need for additional restrictions. Speech and communication should be free from any ulterior motives that could provoke sin, and any activity that leads to immorality should be prohibited, as it would contradict the fundamental teachings of Islam.

Singing and Voice of Women

Another important question regarding women’s voices is whether it is permissible for a woman to sing in the presence of non-mahrams, regardless of whether the content is poetry, religious hymns, or the Qur’an.

The general ruling is that singing, like speaking, is permitted as long as it is free from immoral undertones. There is no intrinsic prohibition on a woman’s voice being heard, but the primary condition is that the singing should not be provocative or incite sinful behavior. As with speech, singing should be free from suggestive behavior and should not lead others towards vice.

There is a differentiation between morally permissible singing and singing that leads to sexual or immoral provocation. Thus, as long as a woman’s singing is not done in a provocative or immoral context, there is no issue with it. However, if the singing leads to arousal or sin, it becomes prohibited.

Conclusion

The rulings presented above are rooted in Islamic law and are not based on any specific cultural or social context. The discussions in this paper aim to clarify Islamic teachings within a modern, dynamic, and civil society. It is essential to ensure that the moral principles of chastity and purity guide all public and private interactions between men and women, and that these principles are effectively incorporated into the laws governing such relationships. Thus, men and women are equally entitled to participate in public life, and there should be no undue restrictions on women’s roles or speech, provided they adhere to Islamic ethical guidelines.

On the Earnings of Female Singers

Abu Basir reported: “I asked Abu Ja’far (A) about the earnings of female singers. He said: … ‘There is no harm in the earnings of a singer who is invited to female-only wedding gatherings.'” [69]

Abu Basir states: “I asked Imam Baqir (A) about the profession of female singers. The Imam responded: ‘The earnings of a woman who sings at female wedding gatherings are permissible.'”

Another narration mentions:

“The earnings of a woman who sings to accompany brides to their bridal chamber are permissible.” [70] Imam Sadiq (A) said: “The earnings of a female singer who sings at bridal processions are legitimate.”

Imam Sadiq (A) further clarified: “The wages of a woman singing at a wedding procession are permissible, provided she does not interact with men.” [71]

This narration implies that the income of a female singer is permissible if she participates in a women-only event, such as a wedding celebration, where no inappropriate or unlawful actions are involved. However, if such gatherings include transgressions (e.g., male presence), then the act of singing and earning from it becomes impermissible.

In another set of narrations, the prohibition on the act of singing by women is mentioned, clearly indicating that the prohibition applies only when the act of singing is linked to immoral or unlawful actions. The permissibility is thus context-dependent.

Forbidden Earnings of Singers

Nassir ibn Qabus narrated: “I heard Abu Abd Allah (A) say: ‘The singer is cursed, and cursed is the one who profits from her earnings.'” [72]

Imam Sadiq (A) said: “A singer who performs while exposing herself among men and spreading corruption is cursed, and anyone who benefits from her earnings is cursed as well.”

From Hassan ibn Ali al-Washa, he said: “I asked Imam Ali al-Ridha (A) about purchasing a female singer, and he replied: ‘Sometimes a man buys a female singer who leads him astray. Her price is no different from that of a dog, and the price of a dog is unlawful, and the unlawful is destined for the fire.'” [73]

A similar narration mentions: “A man asked Imam Sadiq (A) about the buying and selling of female singers. He said: ‘Buying and selling them is forbidden, teaching them is an act of disbelief, and listening to their songs is hypocrisy.'” [74]

These narrations indicate that not only the act of singing itself is prohibited if it involves forbidden actions, but also any financial gain derived from such practices is considered unlawful. The transaction, whether it involves the singer herself or her profits, is forbidden.

From these narrations, it is evident that listening to frivolous music and engaging in inappropriate entertainment is linked to weak faith, and those who participate in such acts are at risk of falling into hypocrisy.

However, the earlier narrations which permit the involvement of a female singer should not be interpreted as endorsing her use for immoral purposes. Rather, they point to the permissibility of utilizing a female singer for lawful and respectful activities that do not result in corruption or vice.

General Permissibility of Singing

Overall, it can be concluded that singing itself, whether by a man or a woman, is not inherently impermissible. The key factor is the context and the surrounding circumstances. If the activity of singing is tied to unlawful acts, then it becomes forbidden. In this case, the income derived from it is also considered unlawful.

Women’s Role in Mourning and Lamentation

Another profession a woman may engage in to earn a lawful income is lamentation and mourning, particularly in commemoration of the martyrs from the Ahl al-Bayt (A). Several narrations provide insight into this:

From Younus ibn Ya’qub, he reported: “My father said to me: ‘O Ja’far! Set aside a portion of my wealth to be given to the women who will mourn for me during the days of Mina, as a gesture of support for my passing.'” [76]

Lamentation and mourning are highly recommended in the Islamic tradition, especially in honouring the martyrs of Ahl al-Bayt. This activity should remain free from prohibited acts, such as excessive grief or sinful practices. Mourning, whether it is for the family or others, is a meritorious act when done correctly.

On the Profession of Women in Lamentation

A narration mentions a woman from our neighbourhood who had a female servant skilled in mourning. The woman came to my father and said: “You know that my livelihood comes from God, and this servant’s mourning provides me with my income. I would like you to ask Imam Sadiq (A) if this profession is lawful. If not, I will sell her and survive on the proceeds until God provides for me.” [78]

The story continues: “When I asked Imam Sadiq (A), he responded: ‘Does she stipulate her wages? If she does, then it’s not permissible. But if she accepts whatever is offered, there is no harm in it.'” This narration illustrates that earning from the profession of mourning is permissible as long as it is conducted in a manner free from stipulating fixed wages, which may sometimes be seen as inappropriate in a solemn context.

The Importance of Women’s Work

Women’s involvement in various professions, such as lamentation, singing (under certain conditions), and even more mundane professions like weaving, has always been recognised within Islamic society. The teachings of the Imams (A) stress the importance of women contributing to their livelihoods through honourable means.

For example, when Imam Ali (A) asked a woman named Umm Hassan, “What are you doing?” and she replied, “I am spinning thread,” he responded: “Indeed, spinning is one of the most lawful professions.” [81] This statement emphasises the importance of women engaging in legitimate, respected work to contribute to their well-being.

The Role of Women in Society

Islamic tradition upholds the significance of women contributing to the welfare of society, with various professional opportunities provided for them. However, it is essential to align their professions with the broader ethical and social framework that Islam prescribes, ensuring that their work does not lead to corruption, vice, or deviation from the core values of the faith.

Grooming and Ornamentation of Young Women

A significant point derived from the recent narration is the grooming and ornamentation of women, which is not limited to married women but also includes young girls. This reflects a difference from the prevailing customs in our society today. For, cleanliness, hygiene, and beauty hold the same status for both women and girls.

What kind of culture dictates that a young girl should avoid any form of grooming and ornamentation before marriage, losing her freshness and radiance until a suitor comes along, only then to be taken to a bathhouse and beauty salon? What outdated thoughts and traditions are these that suggest girls should not live like women: not entering the mosque because they are girls, not attending parties because they are girls, and not participating in gatherings, as if, being girls, they should be deprived of many blessings! Of course, the different roles of women and girls is a reasonable and accepted matter, but it is not such that it leads to prohibition or dysfunction.

If it is argued that grooming and ornamentation of girls leads to the corruption of society and youth and contradicts modesty and Muslim values, the response would be: modesty does not contradict hygiene, cleanliness, or ornamentation. Has ornamentation, which is fitting for women, deprived them of their modesty? A true believer woman should combine her grooming with modesty, and this holds true regardless of whether the woman is married or a young girl. Indeed, every Muslim, whether man or woman, should accompany their grooming with modesty.

One might argue further: Women groom themselves for their husbands; who then should girls prepare themselves for?

The answer is that grooming and ornamentation for girls not only preserves their individual dignity but also enhances their appearance, vitality, and liveliness, thus fostering the possibility of marriage at an earlier age. This helps counter the discouraging factors of disinterest from men and the emotional exhaustion of women, as is often noticeable in many of our environments.

Ornamentation and freshness are not only for the gaze of strangers or to attract men, which is a natural and inevitable consequence in interactions, but when parents and relatives of potential suitors see girls with more freshness and beauty, their desire for them to marry increases, and this leads to actions being taken in this regard. Hence, grooming and ornamentation are not just for a present husband but create an environment that encourages a purer society and greater inclination toward marriage. It is clear that displaying the charm and beauty of girls to women is not unlawful; in fact, it is often commendable, as no prohibition on this matter has been reported in the narrations, and its quality has been repeatedly discussed.

It is, however, important to ensure that the desire to attract men and women and counter the emotional exhaustion of youth does not lead to stirring up passions, or pushing individuals toward deviation or negligence regarding forbidden acts and Islamic rulings. In every society, the realization of goodness and the negation of ugliness must occur without excess or deficiency. For this purpose, the laws and social frameworks should clearly define such matters to ensure the right balance and guide toward what is righteous.

Second: Circumcision of Girls

There are numerous narrations that discuss the circumcision of girls, including its characteristics, conditions, and the involvement of women in the practice. However, reviving this practice today requires independent research into how it was performed, and we will briefly refer to some of these narrations:

• Abu Basir narrates that he asked Imam Baqir (AS): “A slave girl captured from the land of polytheism who converts to Islam and wants someone to circumcise her but has no access to a woman for this, what should she do?” The Imam replied: “Circumcision for men is a tradition, but for women, it is not an obligatory act.” (This narration suggests that circumcision for girls is not obligatory, although it was so widespread at the time that women thought it was mandatory.)

Circumcision is an Abrahamic tradition that Islam fully accepted. It is obligatory for men but recommended (mustahabb) for women, without being obligatory. This practice has specific health, psychological, and sexual benefits, highlighting how religion aligns with scientific facts. The Muslim community must give full attention to the religious guidelines and their benefits.

Imam Sadiq (AS) also instructed “When circumcising a woman, cut a small piece and do not sever too much, for it enhances her complexion and makes her more pleasing to her husband.”

This narration emphasizes the significant health and aesthetic benefits of this practice. It further clarifies that religious rulings are meant to promote physical and spiritual well-being, striking a balance between obligatory and non-obligatory acts.

Third: Surgery

In the previous narration, the Prophet (PBUH) personally guided the proper technique for female circumcision to a female practitioner. If other types of surgery were common in that time, the Infallible Imams would have outlined the specific skills needed. Just as they entrusted midwifery to women, they also indicated that women should be responsible for their medical and surgical practices, particularly concerning women’s health.

It is unfortunate that, in the Islamic world, women are often encouraged to seek male doctors or surgeons due to excuses such as the unavailability of female practitioners or the supposed greater skill of male doctors. Advanced societies have long avoided this issue, preferring to have women serve their communities, especially in areas such as female health care.

Fourth: Midwifery and Its Esteemed Place

Midwifery has long been a respected profession for women, with a share of the `aqīqah (the sacrifice made on behalf of a newborn) designated for the midwife. Several narrations emphasize the importance of this role:

• Imam Sadiq (AS) said: “The Messenger of Allah (PBUH) sacrificed a ram for Imam Hassan (AS) and another for Imam Hussein (AS), and gave some of the meat to the midwife.”

This narration reflects the value placed on the midwife’s role, with women specifically performing this function in Islamic society. It indicates that women should not be denied the opportunity to fulfill this crucial societal role, as midwifery is a noble and essential service for families.

Fifth: Breastfeeding and Childcare

The narrations also recognize the significant role women play in breastfeeding and the care of children. Women are encouraged to breastfeed their children as it is an act of great value, and even in cases where a woman is divorced and pregnant, the father is required to pay for her expenses until she gives birth, and thereafter, she should be compensated for her breastfeeding services.

One of the narrations from Imam Sadiq (AS) states: “If a man divorces his wife while she is pregnant, he must continue to support her until she gives birth, and after that, he must pay her for breastfeeding.”

This signifies that the woman, even after a divorce, retains her rights regarding the care and nourishment of the child.

Ownership of Wealth by Women and the Husband’s Permission

A pertinent question arises here: If a woman possesses wealth, why should her husband’s consent be required for its use, given that this is a personal matter? Moreover, if a woman owns wealth earned through daily work, why should it not belong to her entirely? After all, they are in a joint life, and when a woman leaves the house for work, not only is the status of the household and its members at risk, but the husband’s rights are also endangered. In this case, the woman may not be able to fulfil her duties towards her husband and the shared life adequately.

To address the first objection, it must be noted that if a woman possesses wealth — for example, inheritance, dowry, etc. — which she has not earned through daily labour, she is entirely free and independent in her management of it, unless such management threatens the husband’s position. This may occur if, for instance, the woman’s generosity leads to the humiliation of the husband or destabilises their life together. In this case, although the woman remains independent in spending, her wealth should not destabilise the shared life, and her ownership should not bring incidental risks to the shared household. Just as ownership does not justify the squandering or destruction of wealth — such as burning capital — which is forbidden and preventable by law, the same principle applies here. Wealth should be used reasonably, not wasted or lost; thus, the limits of ownership under religious law and the legal system are clearly defined and should not be exceeded, whether the owner is a man or a woman, whether in the home or society. Therefore, the sanctity of the husband’s position and the integrity of the shared life cannot be ignored simply due to the right of ownership.

As for wealth or income earned by a woman through her daily work, it is clear that the woman’s earnings are the result of her own efforts and have a distinct status. She becomes the owner of this wealth just as a man does, and the mere fact of their “shared life” cannot negate this ownership. Now, if it is argued that a woman’s departure from home and her social responsibilities might jeopardise the household and the husband’s rights, the response is that, as discussed earlier, a woman is both a domestic and social being. Her work and engagement outside the home should be part-time so that both her social duties and her household responsibilities are fulfilled. A woman, like a man, is not solely a social or domestic being, and she should not spend all her time engaged in work outside the home. Therefore, a woman’s social work should not endanger her family life.

The Husband’s Right to Prohibit Work Outside the Home

Here, the question arises: if a family life is such that the woman’s departure from the home causes problems or risks, what should be done? Can the man prohibit the woman from working outside the home or require that a portion of her income be handed over to him as compensation for waiving his right, or for performing household tasks in her place, or for hiring someone to complete the household work she leaves undone?

Regarding the first scenario, it must be stated that if the woman has stipulated in her marriage contract that she intends to work — for example, to pursue her education or career — the husband cannot prevent her. However, if such a condition was not included in the marriage contract, the husband has the right to prevent her from working outside the home, as the overall responsibility for managing the household rests on the husband, and the wife must obey him in this regard.

Regarding the second scenario, this condition is not permissible under Islamic law, as the husband can only prohibit the woman from working outside the home, but he cannot demand a portion of her income in exchange for permitting her to work. The husband’s right to prohibit her from working is a reasonable and valid one, but wealth cannot be exchanged for this right, nor can a commercial transaction occur based on this prohibition.

In a typical transaction where something has two components, each can be priced separately, or the whole can be priced together. For example, a suit might cost £100, with the jacket priced at £60 and the trousers at £40, or the entire set could be sold together for £100. However, one cannot say, “This suit is £80, and an additional £20 is for its beauty” because beauty is not a separate component that can be priced independently. Similarly, the husband cannot demand money in exchange for exercising his right to prohibit his wife from working outside the home, as this right is not a tangible component that can be priced. The husband may only exercise his right, but he cannot request money in exchange for it. Of course, the husband and wife may negotiate and resolve the issue mutually, but such negotiations are voluntary and outside the scope of legal rights.

Regarding the third scenario, where the husband says, “In return for the work I do in the home while you are away, you should pay me part of your earnings,” this is also impermissible. The household work that a woman typically performs, or any work she does in the home, is not an obligatory duty for her, and if she is unable to carry out some household tasks for any reason, the husband cannot demand payment for performing these tasks. Similarly, if a woman does the husband’s work in the home, he cannot demand payment for it. Household work is a shared responsibility, and both spouses contribute to it without compensation. Therefore, the husband cannot ask the wife for money in exchange for performing additional tasks in the home due to her absence, as such work is a joint, shared responsibility and not a service that can be monetised.

The only remaining situation is if the husband says, “You should give me a portion of your income so I can hire someone to do the work left undone.” The wife is not obliged to accept this proposal, as the husband’s overall responsibility for managing the household remains intact. Even though he may prevent her from working outside the home, he cannot force her to provide money for outsourcing the household tasks.

From all these points, it becomes clear that marital life and ownership rights are two completely separate matters. Although they intersect in some cases, each has its defined boundaries. The husband’s right, the woman’s financial independence, and the wife’s obedience to her husband regarding work outside the home all have their own logical and reasonable justifications.

It may be further argued that, given this system — where the husband has only the right to prohibit his wife’s work, and if he does not exercise this right, the burden of additional responsibilities falls on him — the husband might never allow his wife to work outside the home, thus preventing her from engaging in social activities. The response to this concern is that, under normal circumstances, the wife will understand her role and contribute reasonably to the shared responsibilities of family life. By doing so, she can compensate for her absence and help maintain a balance in the household. Both partners can work together to strengthen their relationship and ensure the well-being of their family. In this regard, modern work-life arrangements, such as those common in professional careers, often reflect these principles, where the wife might give her entire salary to the husband, or at least contribute significantly to family expenses, while also managing household responsibilities.

Ultimately, these issues relate to legal considerations, but in practice, marital life should be governed by love and compassion. Both spouses should contribute selflessly to each other’s well-being, working together to build a harmonious family environment.

“O you who have believed, prescribed for you is retribution in the matter of murder: the free for the free, the slave for the slave, and the female for the female.” (Quran, 2:178)

As we can see, the Quran explicitly states that retribution is in the form of one woman for another woman, and one man for another man. The law of Qisas does not place a man in place of a woman, because if a woman is killed and the family is left in distress, then in retaliation, if a man is killed, it could lead to another family being left without a caretaker, potentially leading to complete destruction. On the other hand, if the murderer is a man without a family, his survival could naturally allow him to take care of several families, which is in line with the ideal life that Islam aims for.

Here, we see that the Quran clearly distinguishes between the retribution of men and women. If men and women were equal in the law of retribution, there would be no need for the specification “female for female,” as the phrases “the free for the free” and “the slave for the slave” would suffice. But by stating “the female for the female,” the Quran makes it clear that men and women do not share the same legal status in terms of retribution.

Thus, while there are cases where there is no differentiation between men and women in the Quran, retribution (Qisas) and blood money (Diyyah) are exceptions.

The Quran, like a constitution, provides the broad framework for laws. While many specific legal rulings, especially the details, do not come directly from the Quran, they can be derived from the Hadith (traditions of the Prophet). It is well-known among scholars that, from a juristic perspective, there is no difference between a valid Hadith and a Quranic verse when determining the law. Thus, the distinction in Diyyah (blood money) between men and women is explicitly stated in the Quran, and the details are explained in the Hadith, with no disagreement between Sunni and Shia scholars on this matter.

The Diyyah of Women and the Harmony of Reason and Text

The ruling of halving a woman’s Diyyah is not only supported by explicit and definitive Quranic verses and Hadith but is also accepted by reason, which understands the wisdom behind it. Even if there were no verse or Hadith on the matter, reason would still deduce that such a division would be fair, although rational alignment alone, without textual evidence, is insufficient to establish a religious law.

Our belief concerning Islamic rulings is that all these laws have a rational basis, and no purely ritualistic command exists without rational grounds. Even if the wisdom or rationale behind a ruling is not immediately understood by many, it does not negate its rational basis. Through reflection and effort, the causes of many rulings can be uncovered, at least generally.

Thus, if one were to ask, “What difference exists between men and women, and how can the ruling of halving a woman’s Diyyah be explained?” we would say that rationally, both men and women are humans, yet they are not identical. Their differing biological and social characteristics bring about different legal rulings, as noted earlier.

Conclusion

The distinction between men and women lies in their inherent characteristics. A man is naturally more suited for public, social roles, while a woman, although capable of participating, is more ideally suited for domestic responsibilities. This division of labor helps prevent the overburdening of women and ensures that men remain active in the social and economic sphere to provide for their families. Islam, therefore, seeks balance between these roles.

In marriage, for example, it is the man’s responsibility to pay the dowry, while the woman receives it. He also assumes the duty of providing for the household, ensuring that the woman does not have to spend her earnings on household expenses. If a woman chooses to work, she is not obligated to contribute her earnings to the household. If she has not stipulated working as a condition in the marriage contract, her husband cannot stop her from working, nor can he claim a share of her income.

The changes in modern society that force women into full-time, compulsory work are often politically motivated and exploitative, subjecting women to additional pressures. Social work is important for women, but it should not be forced upon them in the modern, full-time sense that often leads to the exploitation of their time and energy. Therefore, the increased pressure on women in contemporary society is unhealthy, and we cannot justify further unfairness based on this reality.

In Islam, a woman has the right to remarry if her husband dies, and her children must be cared for by her grandfather, or by the state and the community, should the grandfather not be available. This ruling demonstrates that Islam does not place an unjust burden on women. If women suffer, it is not due to a fault in the law, but because of societal pressures, driven by deep emotional attachment, which women often bear alone. However, this should not be taken as a justification for an inherent imbalance in the system.

Based on these characteristics and many others outlined throughout this book, it is unreasonable to deny the differences between men and women and the varying rulings that arise from these differences. To do so stems from ignorance, disbelief, or hostility, often fueled by global exploitative powers seeking to control both men and women.

In a narration from Imam Ja’far al-Sadiq (A.S), regarding a woman who performs the Hajj on behalf of a man who is a “sarrurah” (a person performing Hajj for the first time), he said: “If she has performed the Hajj herself, and is a Muslim and knowledgeable, then it is permissible – just as it is for a man, provided the same condition applies. Indeed, it is possible for a woman to be more knowledgeable than a man.”

This statement strongly affirms the legitimacy of a woman performing religious duties on behalf of a man, and it acknowledges that a woman might surpass a man in intellectual and religious matters in many cases.

In another narration, al-Halabi relates: “I said to Abu Abdullah (A.S): ‘May my soul be sacrificed for you! When I completed my rites for the Umrah, I went to my wife before shortening my hair (the ritual for exiting the state of Ihram). Imam (A.S) replied: ‘You owe a sacrifice (a sheep).’ I said: ‘When I wanted to do that, she had not yet performed the shortening of the hair, as she was still in a state of Ihram and refrained from engaging with me. After I overpowered her, she pulled out some of her hair with her teeth.’ Imam (A.S) replied: ‘May Allah have mercy on her! She was more knowledgeable than you. You owe a sacrifice (a sheep), but she owes nothing.’

From these two narrations, it is clear that both men and women share a common ability in intellectual and rational capacity, and both may have strengths in knowledge and piety. Just as it is possible for a man to have knowledge that a woman does not, it is equally possible for a woman to have more knowledge than a man. In the first narration, the Imam (A.S) emphasizes that it is possible for a woman to be more knowledgeable than a man, and in the second narration, he acknowledges the woman’s piety and devotion in the face of religious obligations. Despite the man’s action, the Imam (A.S) declares that the woman’s behavior was more righteous and praiseworthy, illustrating her superior understanding.

The Difference Between “Deficiency of Intellect” and “Weakness”

The concept of “weakness” should not be equated with a woman’s “deficiency of intellect” – the latter being associated with the natural predominance of emotions over reasoning. “Weakness” is a form of negligence and has its own distinctive characteristics and causes. In this regard, the Holy Qur’an mentions:

“Except for the weak among the men, women, and children who cannot devise a plan and cannot find their way.” (Qur’an, 4:98)

“And why should you not fight in the way of Allah and for those oppressed men, women, and children?” (Qur’an, 4:75)

The term “weakness” appears 13 times in various forms throughout the Qur’an, such as “istadh’afa,” “istadh’afuni,” “yastad’ifun,” “mustad’afin,” and “mustad’afīn.” This term is used both explicitly and implicitly to refer to men and women. In general, “weakness” in the Qur’an refers to a lack of knowledge and the inability to act in accordance with religious principles.

There are two types of “weakness”: material and moral. The Qur’an specifically refers to the latter. A “weak” person is one who cannot comprehend or act upon the religious commands, as the Qur’an clarifies: “They cannot devise a plan, nor can they find their way.”

Many people, including Muslims, fail to overcome their weaknesses despite having the ability to do so. They do not fulfill their religious duties and are indifferent to their responsibilities in both the religious and social realms. These individuals are culpably ignorant, not merely deficient or incapable. The Islamic criterion for “weakness” is clear and does not distinguish based on gender, though external factors may disproportionately affect women.

Criticism of the Majority

A key point addressed here, with a clear Qur’anic foundation, relates to the critique of the majority. This criticism is not exclusive to women, but rather, it refers to the collective negligence of many individuals, as highlighted in various Qur’anic verses. The Qur’an often criticises the majority of people for lacking understanding, faith, and moral commitment. These criticisms are not directed at specific genders but at a collective failing that exists across society.

The Qur’an states:

“Most of them do not understand.” (Qur’an, 7:179)
“Most of them are ignorant.” (Qur’an, 6:111)
“Most of them follow nothing but conjecture.” (Qur’an, 10:36)
“Most of them do not believe in Allah except as polytheists.” (Qur’an, 12:106)
“Most of them are ungrateful.” (Qur’an, 35:45)

This widespread critique of the majority highlights a failure to engage deeply with the truth and to develop one’s reasoning, faith, and actions. The Qur’an mentions these faults not only in relation to religious beliefs but also in terms of moral character and social responsibilities.

Deficiency of Intellect vs. Negligence

The critique of the majority in the Qur’an is not focused on innate intellectual deficiency, but rather on neglect and failure to realise one’s potential. While “deficiency of intellect” in women is an inherent characteristic related to the natural supremacy of emotion over reason, this is not to be equated with the moral or intellectual negligence found in the majority of people, men or women. This is a key distinction.

The Qur’an’s reproach of the majority serves as a reminder of the widespread failure to reach intellectual and spiritual heights, which is a universal issue rather than one based on gender. While both men and women share the potential to overcome this deficiency, the Qur’an calls on all people, regardless of gender, to strive for greater intellectual and moral excellence.

In summary, the Qur’anic view on the perceived “deficiency” of intellect is not a critique of women per se but is linked to the natural predisposition of emotions over intellect. Women, like men, are capable of achieving great intellectual and spiritual heights. What is critiqued in the Qur’an is not the inherent nature of men or women but the failure of the majority of people to realise their intellectual and spiritual potential, regardless of gender.

The Holy Lawgiver, in order to alleviate the burdens on women and allow them to experience these days more comfortably, has removed the obligation of prayer, fasting, and so on from them, especially since maintaining ritual purity during these times is a very difficult and strenuous task for women. This is similar to how prayer is broken and fasting during the blessed month of Ramadan is exempted during travel, a ruling that applies universally to all people without exception. The holy religion of Islam, out of benevolence towards humanity, has altered such significant duties through ease and not hardship, diminishing or even exempting them, because the traveler, due to the hardships and difficulties of the journey, needs more comfort and a lighter burden.

A possible objection here could be that: the benevolence and kindness toward women should at least take the form of “permission and permissibility,” not “obligation and imposition,” so that she can choose to perform the act of worship if she wishes, and only abstain from it if she feels it is too difficult or unpleasant. However, this is not the case here. If a woman performs the act of worship under the specific conditions (such as in prayer and fasting, etc.), her action would not be valid, and she would have committed a sin and be subject to reproach, which contradicts the principle of benevolence and kindness.

In response to this objection, it should be noted that although “benevolence” is more commonly associated with “permission,” this does not mean that benevolence is absent in the context of “obligation.” In the case of “obligation,” benevolence alleviates the difficulties of the duty, which a believer might willingly accept upon themselves. Thus, the prohibition of worship ensures that the faithful’s inclinations and psychological attachment to worship do not lead them to endure unnecessary hardships, and prevents the manifestation of difficulties. Furthermore, the obligation to abandon worship— as mentioned— is due to the lack of a necessary condition (purity), which makes the worship itself impossible. Therefore, such an act cannot bring one closer to God and, in fact, becomes distant from Him, rendering it no longer an act of worship.

It is also clear that in “permissive” acts, there is greater leeway for execution, and the act can be performed in any form. However, worship and, in general, acts of devotion, are not like this— the way the action is performed must be accepted by the Lawgiver.

Reduction in Worship: A Form of Spiritual Discipline with Rewards

Another point to note in this discussion is that a woman, during these days, due to the hardships, difficulties, and natural burdens she bears, receives immense reward and blessings that compensate for the loss in specific forms of worship, which are characteristic of women. Although the opportunity for worship holds a particular superiority, the woman receives tremendous spiritual compensation for enduring the pains of purification, which range from physical weakness, pain, and discomfort, to repeated purifications and other challenges—all undertaken in silence and concealed from others. The reward for this is beyond human comprehension and surely brings about a great deal of merit, as a woman, through enduring such trials, fulfills the lofty objectives of nature and the perfect design of creation, particularly if she does so with a sincere intention and in a devotional manner.

Now, considering the principle that “any action performed with the intention of drawing closer to God is worship,” and the principle that “the best actions are the most difficult,” and the third principle that “God’s grace and favor are abundant toward all His servants,” it becomes clear what immense reward and merit await a woman, a reward that human thought cannot fully grasp or calculate. While it is true that a woman suffers a deficit in worship due to the omission of specific duties, she compensates for this through her inherent qualities, which no man can attain, thus earning a form of reward and worship that is beyond his reach. Even though this situation creates a deficiency in her worship, it does not diminish her spiritual status.

Historical lessons reveal that this does not constitute any deficiency in the identity or personality of a woman. Although, due to the nature of “legitimate worship,” a woman experiences a reduction in her specific duties during certain times, this does not mean she is of lesser value; on the contrary, she benefits from the reward and merit of her perseverance and from fulfilling the lofty goals of creation, which no man can attain, despite having fewer obligations in these special times. Thus, the woman benefits immensely from the divine rewards, which are not subject to human calculations and possess their own unique standards.

There may be some misconceptions about this issue— regarding the perceived lack of intellectual and spiritual depth in women— and questions may arise as to why, in this context, the sermon of Imam Ali (7) was not limited to Aisha, and why it did not have a political undertone. After all, why should criticisms of women’s spiritual deficiencies be expressed in such harsh and accusatory terms? And what is the relationship between lack of ritual purity and faith?

The answer to these questions lies in the fact that the Prophet Muhammad (9) and the Imams (A.S.) also mentioned similar shortcomings in women. It is evident that Imam Ali’s sermon, in addition to its other considerations, sought to explain the true status and nature of women. His sharp tone was directed against the exploitation of these perceived deficiencies by politicians and worldly figures, who sought to dominate the fate of society through their control over women, not against the women themselves. As for the relationship between worship and faith, the absence of the obligation of worship in these specific times signifies a limitation in faith. Were faith to be complete, the inner conviction would not be so susceptible to the challenges and difficulties of these special times, and thus, God would not have exempted women from worship. Despite this, such differences in the perfect divine order do not affect the inherent dignity of any individual. A woman can still strive towards her ultimate existential perfection with enthusiasm.

The General Ruling

The collection of hadiths that mention the deficiencies of intellect, worship, and inheritance, while truthful and accurate, indicate the inherent nature of women and their true position as expressed through the wise words of the Infallible (A.S.), which are undeniable. These hadiths cannot be reduced to a political context concerning Aisha or a specific event like the Battle of the Camel, nor should the statements of Imam Ali (7) be taken as merely an expression of anger or frustration towards Aisha. These teachings extend to all women universally, not just one individual.

Indeed, Imam Ali (7) was articulating the essence of women’s creation and the rationale for these rulings, which apply equally to all women, irrespective of time or place.

“O Woman! This decree is from a just and wise King, who neither errs nor acts unfairly, and does not take sides. His actions are based on His knowledge and wisdom. O Woman! Know that you are deficient in both religion and intellect.”

The woman replied, “O Messenger of Allah, what is the deficiency in our religion?” He said, “Indeed, one of you spends half of her life in a state where she does not pray, due to menstruation. Furthermore, you tend to curse a great deal and are ungrateful to your family. One of you may stay with her husband for ten years or more, during which time he treats her well and provides for her. However, when he faces a financial difficulty or an argument arises, she says to him, ‘I have never seen any good from you!’ If any woman does not exhibit these traits, then the hardship she faces due to this deficiency becomes a trial from Allah, and her patience will earn her a great reward from Him. So, rejoice, O Woman!”

The Blossoming of Salvation

In this narration, reference is made to a verse in which the testimony of two women is considered equal to the testimony of one man. Furthermore, the Prophet (PBUH) emphasizes the truth of this ruling by invoking the ownership, justice, and wisdom of Allah, saying: “Allah does not wrong His servants. His prohibitions and commands are not without benefit to Him, but rather, all things are managed in accordance with His knowledge and wisdom, which reflects the perfect order of creation.”

After all these explanations—through which the Prophet (PBUH) conveys divine truths in various forms—he states, “Indeed, you women are deficient in both religion and intellect.” However, it should be understood that this is part of the divine wisdom and is a special characteristic of women, which gives them a unique role.

When the Prophet (PBUH) says, “You women miss prayers for half of your lives,” it raises the question that menstruation does not occupy half of a woman’s life. However, if we consider the other challenges women face, such as childbirth, and the interruptions caused by repeated menstrual cycles, it is clear that this indeed accounts for a significant portion of a woman’s life.

The Prophet (PBUH) also refers to women as being prone to cursing and being ungrateful. This refers to a woman’s dissatisfaction with her present circumstances due to a lack of faith. Weak faith leads to discontent, while strong faith brings about contentment, a trait that is not gender-specific, but women may tend to express discontent more quickly.

Furthermore, the Prophet (PBUH) mentions that a woman, due to her emotional nature, may forget all the good that her husband has done when a problem arises. This is a psychological fact: when a woman does not get what she desires, her feelings may overwhelm her, causing her to forget the positive experiences.

Ultimately, the Prophet (PBUH) states, “These deficiencies are a trial from Allah for women, and if they endure this trial with patience, they will receive great rewards from Him.” Thus, the woman who accepts this divine decree and fulfills her role according to her nature is promised salvation.

The View of Imam Ali (PBUH)

In another narration, Imam Ali (PBUH) discusses the issue of women’s testimony, particularly in the context of the verse: “If one of them errs, the other may remind her.” He says:

“O women, you have been created with deficiencies in intellect, so be cautious about making mistakes in your testimonies.”

This statement aligns with the divine wisdom, acknowledging that women’s emotional nature can cause their thoughts to become overwhelmed. Therefore, women must be careful in situations like providing testimony to avoid making errors.

Imam Ali (PBUH) on the Treatment of Women

In a famous narration, Imam Ali (PBUH), while addressing the people before the Battle of Siffin, said:

“Do not provoke women by harming them, even if they insult your honour or slander your leaders and righteous people. They are weak in strength, souls, and intellect. We were instructed to refrain from harming them, even when they were idolaters.”

Imam Ali (PBUH) highlights that, despite any insults or grievances women may express, they should not be subjected to harm or provocation. Women, in his view, should not be treated harshly due to their emotional and intellectual weaknesses.

Imam Ali (PBUH) on the Leadership of Women

In another narration, Imam Ali (PBUH) criticises the practice of allowing women to rule over the affairs of society, likening it to the practices of the pre-Islamic kings and nations. He stated:

“I saw that if I remained silent, I would be complicit in allowing those who sought to use the weaknesses of women to dominate the affairs of the Islamic state. This is the same as the corrupt practices of past rulers who allowed women to have authority over matters of state.”

Imam Ali (PBUH) warns against the dangers of allowing women to hold political power, particularly when they may be influenced by emotional considerations rather than reasoned judgment.

Imam Ali (PBUH) on Women’s Deficiencies

Imam Ali (PBUH) also stated:

“O people, women are deficient in faith, in their share of inheritance, and in their intellect. Their faith is deficient because they are exempt from prayer and fasting during menstruation. Their intellect is deficient because the testimony of two women is equal to the testimony of one man. And their share of inheritance is half that of men. Therefore, beware of the bad women, and be cautious even with the good women. Do not obey them in matters that are known to be good, lest they take advantage of your obedience and lead you into wrongdoing.”

Imam Ali (PBUH) here emphasizes the natural deficiencies attributed to women, as viewed in the socio-religious context of his time. He urges caution in dealing with women, particularly in matters of leadership and decision-making.

Conclusion

Upon reflection, we see that the statements of both the Prophet (PBUH) and Imam Ali (PBUH), while discussing the emotional and intellectual nature of women, are not meant to disparage them. Rather, they are based on the understanding of divine wisdom and the natural roles and characteristics that Allah has assigned to both men and women.

Islam does not intend to degrade women or undermine their worth, but rather places them in a role that is suited to their nature. Women who embrace their natural roles and strive to fulfill their potential within this framework will find success and salvation. Conversely, women who defy their inherent nature and attempt to conform to external, politically motivated expectations may face psychological and spiritual challenges.

Without any reference to gender, even in the narration of Luqman, there was the statement that one should not shy away from consulting with those who are younger, provided that their words are mature and sound.

These narrations, without reference to gender, follow the general criterion of consultation, and apply to anyone who meets the standard, even if they are a child or even a mad person. Consulting with a mad person who possesses the faculties of strength and soundness is preferable to consulting with a questionable rational person; as it has been stated: when you doubt the intelligence and goodness of someone, avoid consulting them, even if they are renowned for their wisdom and virtue.

The second category consists of specific narrations, which can be divided into two sub-categories: one group states not to consult with women, while another advises consulting with experienced and wise women. However, among these narrations, there is no narration that suggests consulting with men. From these narrations, it is clear that the criterion for consultation is knowledge and soundness, not whether someone is male or female. It must also be noted that although men have not been explicitly advised to consult, due to the deep emotions and attachments women have and men’s emotional bond to them, consultation with women has been discouraged unless the conditions for proper consultation are met.

Therefore, it is utterly baseless to claim that “general narrations imply consultation with men and exclude women, and the principle of ‘combining the absolute with the restricted’ necessitates that we limit general narrations to men, because the criticism of consulting with women makes this combination imply that one should not consult with women and only consult with men when they meet the general criteria.”

Since general narrations make no reference to gender, and there is no presumption or exclusion of either men or women, and they do not fall into two categories to be combined by the principle of “combining the absolute with the restricted,” such a combination cannot encompass the entirety of our various narrations. As we have narrations both criticizing consultation with women and recommending it, and the general narrations clearly indicate that consultation with unqualified men is also criticized. Therefore, within the narrations, there is no recommendation for consulting with men and no prohibition against consulting wise and virtuous women. The argument that women have not been recommended for consultation is analogous to the claim that men have not been recommended for consultation.

Now, we assert that the reason consultation with women has been criticized is due to the emotional nature of women and the attachment men have to them, which could lead to emotionally biased decisions. The prohibition on consultation is due to this subtlety and sensitivity. However, there are narrations that recommend consulting with virtuous women, and it is not the case that they are criticized, nor should their consultation be considered merely permissible once their soundness is established. In this case, seeking advice from a woman is just as praiseworthy as seeking advice from a man who meets the necessary conditions.

From these narrations, we understand that when Imam Ali (AS) says: “Any man who entrusts the management of his affairs and life choices to his wife is cursed,” or when the Prophet Muhammad (PBUH) advises men during times of war to “act contrary to the opinion of women,” or regarding what is stated in our fiqh texts about women, all of this can be attributed to two reasons: first, the overwhelming emotions and feelings of women, and second, the emotional attachment that men have to women, which may cause men to make emotional decisions.

Indeed, given this reality, one cannot easily deny these rational, natural, and religious truths that are presented in the narrations or remove them from the issue simply because one fails to understand them properly or misinterprets them. These narrations should be interpreted accurately and thoughtfully, and their correct use should be made in line with reason, divine law, nature, and reality. Therefore, in the language of Shari’ah, there is no condemnation of women; rather, the religion only states the shared realities and characteristics of men and women, which are necessary for each to reach their full potential.

Chapter Four: Women and Testimony

Another issue raised concerning women and their social rights is the following: Although men and women are equal in terms of humanity, characteristics, and intellect, why is the testimony of a woman not accepted on equal grounds as that of a man? Why, in cases such as divorce, is testimony limited to men? For instance, why does the testimony of several women not suffice in place of a man’s testimony? And why is a woman’s testimony not considered valid unless accompanied by a man?

Specifically, why is it that in the case of witnessing for divorce, only two just men are allowed to testify, and women are not included?

Why, in financial rights cases — where the testimony of two men or one man and two women is required to substantiate a claim — is the testimony of one man, accompanied by an oath, sufficient? Does this mean that two women are equivalent to one man’s oath?

Why, in matters concerning women’s private issues such as menstruation, childbirth, and virginity, where men are often unable to testify, is a man’s testimony still considered acceptable if possible, while according to fiqh texts, the testimony of a woman is only accepted when there are at least four women witnesses?

Testimony of Women in the Quran and Narrations

In response to these questions, it is essential to first examine the issue of women’s testimony from the perspective of the Quran and narrations to clarify the matter.

Allah, the Almighty, says:

“O you who have believed, when you contract a debt for a specified term, write it down, and let a scribe write between you in justice… And bring to witness two witnesses from among you, and if two men are not available, then a man and two women from those whom you accept as witnesses…” (Surah Al-Baqarah, 2:282)

In this verse, Allah, through a rational strategy, closes any potential for misunderstanding and dispute in transactions, particularly important economic dealings, so that individuals can live in peace, love, and harmony, free from conflict and tension.

Now, if Allah considers the testimony of two women to be equivalent to that of one man, it is due to the inherent emotional nature of women, which often overrides the intellectual, calculative, and cautious faculties that are associated with the work of reason. Specifically, in the context of testimony, when individuals are fighting or in a state of dispute, a woman’s pure and delicate emotions may overpower her rational capabilities, leading her to make mistakes or fail to accurately recount what she saw or heard.

Imam Hasan al-Askari (AS) narrated from Amir al-Mu’minin Ali (AS) that regarding this verse, the Prophet said: “God has substituted the testimony of two women for one man due to the deficiency in the intellect and faith of women, and their emotional nature.”

Chapter One: Women’s Limitations and Social Responsibilities – Men and Patriarchy

Another significant social question that might have numerous angles is: why, from an Islamic perspective, are general matters and specific social positions solely assigned to men, while women, in practice, are legally and religiously excluded from them?

Why, according to Islamic law, can religious authority and community leadership only belong to men, and why can a woman not be a religious authority or the leader of an Islamic society?

Why, under Islamic principles, is a woman prohibited from being a ruler or judge? Why is it that in congregational prayers, a woman is not allowed to be the imam for men?

Why is leading the Friday prayers exclusively a male responsibility?

Why, in an Islamic society which claims to uphold justice and equality, with men and women enjoying equal rights and opportunities, must the head of state be a man, and why should not the top officials of the country be women? Moreover, why is it not acceptable for women to hold positions such as commanders of military or law enforcement forces?

These questions and criticisms become especially apparent and strike at the heart of any fair-minded individual, who would be pained by the perceived injustice and disrespect towards women, particularly when everyone acknowledges that both men and women are human beings, equal in their rational abilities, knowledge, and intellect. If women are not superior in some aspects, they are by no means inferior to men. This is also supported by statistics in some areas of life.

Why is it that men can intervene in all aspects of women’s lives, while women are not allowed to intervene in men’s affairs, or even in their own matters? Why are women not afforded a position that is balanced with that of men in social matters?

In conclusion, this situation suggests the presence of a clear and undeniable patriarchy that permeates various areas of society, which cannot be overlooked or ignored.

Harmony between Religion, Reason, and Reality

To begin discussing this, it is important to analyse these misconceptions in three main areas: intellectual, religious, and historical realities. The approaches can be divided into two sections: those of the past era and the modern era, with respect to both Muslims and non-Muslims, so that all angles of this issue become clear.

As clarified earlier in this book, there is no inherent difference in humanity between men and women. However, the characteristics and attributes of each gender differentiate them, and in doing so, each becomes a complement to the other, both individually and collectively.

As has been established, women’s characteristics, such as their emotions and feelings, allow for the fulfilment of distinct human subtleties, while traits such as authority and foresight tend to be more dominant in men. These differences each have their own rational basis and logical foundation. Thus, the division of work and the recognition of these disparities, based on divine revelation, human thought, and historical experience, has been derived.

The differences outlined between men and women in Islam are based on reason and sound thinking. Except in a few religious practices, the rest of these differences are supportive, and Islam does not seek to establish any rule unless it is absolutely necessary. Hence, it becomes clear that the divine religion of Islam, in accordance with reason and sound intellect, seeks to follow the truths that creation and nature have designed, avoiding any form of extremism or imbalance. Religious decrees should not be confused with the actions of regular individuals.

Historical experiences and realities also reflect these differences. History has witnessed the varying treatment of women, and this is also evident in modern times, with both the West and the East applying similar legal systems that still, albeit in a more modern guise, subjugate women. While these modern-day methods have been well packaged and presented through media and propaganda, the reality of the situation is difficult to conceal.

This is not to say that Islamic societies are free from challenges regarding women. Muslims too, throughout history and in the modern era, have had varied interactions with women, and each of these requires careful consideration.

The systematic destruction of women’s potential, combined with inappropriate treatments at various levels, does not align with the commands of sacred Islam. In many countries, there are social, cultural, and local traditions and prejudices that further degrade women, which are incompatible with both religious and secular principles.

It should be noted that religion, reason, and historical reality are in alignment, with religion being based on a concrete external reality, just like reason. Islamic law is free from any form of extremism or chauvinism, and, like reason, it ensures that all individuals in society are entitled to their due rights. Having presented this introduction, we can now turn to the misconceptions regarding this issue.

Chapter Two: Women and the Imamate in Prayer

Among the significant religious and political acts in Islam are the congregational and Friday prayers, the Eid prayers (Eid al-Fitr and Eid al-Adha), and other public and social prayers, each of which has its own specific conditions. Congregational prayer, in particular, has certain requirements, such as maturity, rationality, and that the imam be a man. While many jurists accept the validity of women leading prayer for other women (which we also accept based on strong evidence), this does not mean that a woman can be the imam of a congregation of men.

The imam of a congregation must possess certain qualities such as strength, justice, dignity, and virtue, and must be in a position to lead. A physically healthy individual who is standing cannot lead someone who has a physical disability, is seated, or is performing their prayer with a symbolic form of purification (such as tayammum). Similarly, the Friday prayer and the Eid prayers, which are public acts linked to the Islamic state and its righteous leader, have heavier obligations, and a woman’s position is not suited for them.

As Friday prayer includes two sermons, and it cannot be performed individually or in a quiet and hidden manner, the congregants must be able to hear the sermon clearly. The imam must be an eloquent and clear speaker, as well as present himself in front of the people, dressed appropriately and beautifully, in order to uplift and strengthen the hearts of the believers. This situation, however, does not align well with the natural conditions of women, who should not display themselves publicly or reveal their beauty.

Additionally, due to the frequent interruptions women face due to menstruation, pregnancy, or childbirth, it is incompatible with the ongoing and uninterrupted performance of public prayers such as Friday and Eid prayers. Therefore, it is not essential for a woman to hold the position of imam for these particular prayers. Even though women can lead prayer for other women, this does not extend to larger congregational prayers. Similarly, there is no religious basis for saying that a woman could lead the Friday prayer. The legal ruling for this practice is derived from specific religious texts.

Chapter Three: Women and the Judiciary

As clarified in the earlier discussion, the position of judge or the general authority over society should not be entrusted to the tender emotions and maternal instincts of women. The fragility of women’s hearts, their maternal passion, and their role as the nurturers of humanity should not bring them into conflict with hardened criminals or engage them in confronting the more distasteful aspects of human conduct, such as crimes and punishments.

The physical nature of women, their nervous system, and emotional faculties necessitate that women—who are the most beautiful flower of creation, the mother of humanity, and the wife of men—should not be directly involved in confronting criminals or engaging in penal cases under normal circumstances.

The status of women in such positions of power—such as judicial authority—has not been accepted historically within Islamic jurisprudence. Indeed, there is a consensus among Islamic scholars, both Sunni and Shia, on this matter, with little or no disagreement in this regard.

The legal and social reasons against female judges:

1. Analysis of Quranic verses
   The Quran presents clear guidelines about the roles and responsibilities of men and women, establishing that men should be the leaders in broader matters, while women have specific roles and responsibilities that align with their natural attributes.
2. Analysis of Hadiths
   There are several narrations from the Prophet Muhammad (PBUH) and the Imams (AS) that explicitly forbid the appointment of women as judges. These hadiths highlight the necessity of male leadership in judicial matters.

On the Implication of These Narrations for Our Purpose

It can be argued that the role of a ruler or governor is something beyond mere adjudication, for leadership and governance imply total authority, whereas adjudication is lesser in scope. Therefore, the rejection of rulership does not necessarily imply the rejection of adjudication.

In response, it should be clarified that adjudication is indeed a form of governance and authority. While not every ruler is necessarily a judge, every judge is, in the scope of their jurisdiction, a ruler.

Although a ruler may have greater authority within their domain compared to a judge, in practice, it is only the judge who holds a particular type of authority in the matter of adjudication.

Another possible objection could be that the salvation referred to in these narrations pertains to a spiritual and otherworldly matter, which cannot be applied to the correctness of adjudication, as adjudication is a worldly concern.

The response to this objection is as follows: When otherworldly salvation is contingent upon a worldly action, that worldly action, by necessity, is also problematic and leads to the corruption of the worldly position. Moreover, this interpretation—that salvation pertains to the afterlife—requires evidence, but no such indication is found in the text. Rather, both the beginning and the end of the text point to worldly corruption. Of course, worldly corruption also entails spiritual decline and deprivation in the hereafter, for, as we have demonstrated earlier, worldly correctness is inseparable from spiritual purity and otherworldly happiness. Without achieving the former, the latter cannot be realized, and happiness without the existence of correctness is nothing but an illusion.

Having addressed these three objections, we can now confidently assert that this narration is sound in terms of both its chain of transmission and its implications. Given the context provided by other narrations and the understanding of the intentions of the legislator, it is reasonable to conclude the authenticity and credibility of this narration.

4) The Narration of Imam Baqir (A.S.)

We narrate from Jabir ibn Yazid al-Ju’fi, who said: “I heard Abu Ja’far Muhammad ibn Ali al-Baqir (A.S.) say: ‘Women are not required to give the adhan, iqamah, Friday prayer, congregational prayer, nor should they assume the judiciary, the leadership, or be consulted.'” [243]

In this narration, Imam Baqir (A.S.) removes the responsibility of certain religious duties from women, including the adhan, iqamah, Friday and congregational prayers, leadership, adjudication, and consultation.

An objection to this narration could be that the phrase “women are not required” indicates a dispensation or exemption from obligatory duties, but it does not imply a prohibition or invalidity. Just as there is no prohibition on women performing congregational prayers, Friday prayers, or giving the adhan, we can only conclude that these duties are not obligatory for women, but their performance is not necessarily invalid.

In response, one might argue that if multiple duties are negated in a similar linguistic structure (“women are not required”), they might each carry a distinct ruling. Therefore, despite the multiple responsibilities being negated, each may have its own specific ruling, such as some duties being obligatory and others being invalid.

If it is argued that the different rulings in such cases require contextual evidence, we respond by saying that the contextual evidence is indeed present in other narrations, which clarify the invalidity of women’s leadership and adjudication and the non-obligatory nature of the adhan, iqamah, Friday and congregational prayers for women.

Therefore, based on the collection of narrations in this regard and a proper understanding of the legislator’s intent, there is no issue with the implications of this narration from Imam Baqir (A.S.). Additionally, a similar narration can be found in the book Bihar al-Anwar, although it does not begin with “women are not required” but rather states: “A woman is not entrusted with the judiciary nor with leadership” [244].

Jurisprudential and Advisory Rulings

After presenting multiple reasons against the validity of women’s adjudication, an important issue arises that requires some preliminary discussion.

Jurisprudential rulings can be divided into two categories: devotional and transactional.

Transactional rulings are those where the lawmaker merely desires the fulfillment of the action, without specifying how it should be done. For example, if an impure garment is cleaned, it doesn’t matter who cleans it—whether the owner cleans it, the wind blows it into water, or others perform the cleaning. Once the action is completed, the garment is considered pure, even if the owner doubts its cleanliness. Similarly, if a person repays a debt and then doubts if they owed more, the presumption is that no additional debt exists, and the principle of barā’a (exemption) applies to the excess.

In contrast, devotional rulings require the intention of seeking closeness to God. The manner and form of the action matter because the entire act of worship is a single entity. Any doubt regarding the execution of part of the action necessitates precaution and cannot simply be resolved by barā’a. For instance, if there is doubt about the correctness of a part or pillar of the prayer, it must be rectified in accordance with the prescribed method to ensure the act is valid.

Thus, there is a clear distinction between devotional and transactional rulings. While transactional actions may be valid even without intention, devotional actions require intentionality and certainty.

On the Validity of Women’s Adjudication

Summarizing the above, adjudication is a matter that requires a valid reason for its correctness. The fundamental principle is that one individual cannot govern or adjudicate over another without specific conditions and a valid justification. In the absence of these conditions and evidence, adjudication by anyone—whether a man or a woman—cannot be accepted.

One of these conditions is that the adjudicator must be a man. Even if all other conditions—such as knowledge and justice—are met, the adjudication by a woman is still not valid because the evidentiary support for women’s adjudication is lacking, and even in cases of doubt, the principle of lack of validity prevails.

The Role of Women in the Judicial System

We have established that one of the major social positions not open to women is that of adjudicator. Adjudication is a significant responsibility in society, and it is reserved for men who meet specific criteria—such as intellect, justice, knowledge, etc. Without these criteria, many men, like women, cannot engage in adjudication.

This point must be emphasized: adjudication, if not legitimate for an individual, brings not only a moral and legal prohibition but also practical consequences. If a judge is unqualified, any decisions they make regarding the property or rights of others are not only invalid but also make them liable for the consequences of those actions.

Conclusion: Women’s Role in Religious Leadership

In conclusion, we can say that women’s participation in the judiciary and religious leadership is restricted in a way that does not prevent them from engaging in auxiliary roles such as research, case preparation, and administrative duties. Women’s contributions in fields such as criminal law, criminology, and academic support in legal matters—particularly in relation to women—are not only permitted but are often necessary and highly commendable.

Regarding religious leadership, the question arises whether a woman can be the head of a religious community or take on the role of a religious authority (Marja’ or Fatwa issuer). If a woman has reached the necessary level of scholarly proficiency and has the requisite qualities for leadership, why should she not assume this responsibility and offer her expertise to others? However, the issue of whether women can assume religious leadership positions in the same way men do remains a topic of debate, with no clear evidence supporting the legitimacy of such roles for women in the Islamic tradition.

In response to this objection, it must be stated that “Rajal min kum” (a man from among you) could be understood as referring to the predominant case, provided there is no contradictory evidence. For instance, in the case of transmitting narrations, it is true that the majority of narrators in our tradition were men, yet there were also many women among the chain of narrators of the Hadiths of the Imams (A). Therefore, if this statement were made in the context of the transmission of narrations, it would be appropriate, as there were female narrators alongside the male ones. However, when it comes to issues of judicial authority and issuing legal rulings, there has never been a woman who assumed the role of a judge or issued fatwas throughout the history of Islam.

Women have never held positions of judicial authority or issued fatwas, nor have they been entrusted with religious leadership or general political authority by the Imams (A), nor even by the tyrannical caliphs. If the judicial or fatwa roles were permissible for women, or even theoretically possible in the formal sense, the caliphs at least would not have excluded women and their relatives from these roles. Women themselves would not have refrained from taking up such positions, both to seek greater prestige and to gain more influence and authority over the people. Hence, there is no evidence to suggest that “Rajal min kum” refers merely to the predominant case, and claiming so is an unfounded assumption that lacks scientific support, even though some scholars, such as the late Ayatollah Khoei (may Allah sanctify his soul), held this belief. He states in his book At-Tanqih:

“The absence of the term ‘manliness’ is due to the rarity of women in comparison with men, and not due to any religious prescription restricting judicial authority to men.”

Therefore, these two narrations should not be considered analogous to the case of “predominance in the subject”, as in the case of the transmission of narrations. At the very least, the issue is debatable as to whether the prohibition of female judges is due to an inherent restriction of the judicial role to men or merely due to the predominance of men in this area. In the latter case, judicial authority could potentially extend to women as well. According to the established principles of Usul al-Fiqh, in a situation of doubt, only the mutawatir (certain) evidence is considered. Therefore, “Rajal min kum” must be seen as a restriction to men, and the argument based on the “predominance of the case” is not valid in this context, since in a situation of doubt, the presumption should be the “non-prevalence” of such a case.

Another important point is that the practical precedent among Shia Muslims and throughout Islamic history has been to avoid assigning roles of issuing fatwas or leading to women. This has been a firm tradition for over a thousand years, and one cannot claim that this is due to negligence. If such negligence existed, at least one instance of a woman assuming a judicial or fatwa role would have occurred, particularly considering the many knowledgeable women who could have held such positions, even in limited capacities. Sadly, it must be acknowledged that this very practice has been used as a pretext to deny women many of their social rights.

We should, therefore, focus not on proving the leadership or fatwa-issuing roles for women but rather on removing the general obstacles to women’s social rights and positions, so that no excesses or imbalances, whether in individual or societal matters, religious or rational, occur in the Islamic community.

The Scope of the Jurist’s Role

To clarify the discussion, a clearer depiction of the jurist’s responsibilities is presented, so that it can be understood why female fatwa-issuing is neither feasible nor correct. The areas of responsibility for a jurist include:

1. Issuing Fatwas on matters required by the general public.
2. Exercising judicial authority in all judicial and non-judicial disputes.
3. Exercising guardianship over the property and lives of all people in matters requiring the jurist’s decision-making, either independently or through granting permission to others.

The latter two titles encompass all the affairs of society, ranging from enforcing religious laws and making decisions that pertain to the legitimate authority of the ruler to overseeing the fulfillment of individuals’ rights. These are tasks that require capabilities beyond those of most men, let alone a woman assuming such roles. Of course, all of these matters exclude the overall leadership, which will be discussed in the next section.

Thus, the greatest divine office entrusted to human beings is that of guardianship (Wilayah). It must not be taken lightly, nor should any attempt be made to trivialise it. Given the myriad difficulties that exist within human societies and the considerable obstacles to women’s growth and development in society, it seems highly improbable that a woman would consciously or unconsciously seek such a burdensome role.

Women and Leadership

From the earlier discussions, it becomes clear that positions such as leadership, which are fundamental to the establishment of a society, should not be entrusted to women due to their delicate emotional nature. These positions require foresight, hard work, and comprehensive power. Furthermore, not only should the society not be exposed to the risks of entrusting such significant roles to the sensitivities of women, but it is also unwise to burden women with the heavy responsibilities of religious and social life. This is not to say that women should be denied fundamental rights, but rather that leadership positions, given their profound weight, should not be assigned to them.

Why should women be engaged in the major crises of a country? Why should roles such as military command or the leadership of the three branches of government be given to women? In such cases, should the responsibility of child-rearing and caring for the home be left to whom? Certainly, men should be tasked with childrearing while women are sent to lead armies in wars?

These absurd ideas and misguided perspectives arise from a flawed understanding and thinking of individuals who wish to push their own agendas.

As with religious authority, which when separated from social leadership, remains a male responsibility, religious and social leadership, which carries an even heavier burden, is also a male responsibility. This is undoubtedly a matter of great importance, and the fate of a society or nation should not be left to chance or political manipulations.

Indeed, throughout the history of mankind, all the prophets and Imams (A) have been men. Although there were many exemplary women like Lady Fatimah (A), Lady Khadijah (A), Lady Zaynab (A), and Maryam (A), among thousands of other noble women, leadership and governance have always been the domain of men.

The Case of the Queen of Sheba

Some have attempted to use the story of the Queen of Sheba (Bilqis), mentioned in the Quran (Surah An-Naml, verses 22-44), as evidence to argue for the possibility of women assuming leadership roles. However, the Quran makes it clear that the Queen of Sheba ruled over a people who were non-believers and sun-worshippers, and she herself believed in these falsehoods, with Satan influencing their thoughts and actions.

How can one then use the actions of a community that did not believe in the One God and was under the influence of Satan as a model for establishing women’s leadership roles? Furthermore, when a woman holds such leadership, as the Quran alludes to, she is likely to be caught up in the hardships, crises, and struggles that come with governance, which is far removed from the natural qualities of femininity.

Indeed, some narrations condemn the obedience of the people of Sheba to a woman. As an example, Imam Hussain (A) states:

“By Allah, the oppressors will kill me, and at that time, Allah will place upon them a garment of disgrace and subject them to a sharp sword, and He will appoint a ruler over them who will humiliate them more than the people of Sheba, because they were a people over whom a woman ruled.”

In another narration, Imam Hussain (A) says:

“These people will kill me and, after spilling my blood, Allah will send someone to defeat them, making them more humiliated than the people of Sheba, over whom a woman ruled.”

Thus, it is evident from these narrations that leadership, particularly in times of crisis, is best entrusted to men, whose intellectual and emotional faculties are more suited to bearing the weight of governance.

Conclusion

In conclusion, it is essential to understand that while both men and women are equal in their humanity, the capacities and roles of men and women are not identical. In some areas, men possess greater ability and are more suited to playing a primary role, while in other domains, women excel and should take the lead. For both men and women to achieve human perfection, each must be placed in their natural roles as dictated by wisdom and divine care.

There is no reason to assume that men should intervene in all matters concerning women, nor should women be involved in all areas of public and political life. Although men occupy more public positions, women’s primary responsibilities, such as their role in the family and in providing emotional support to their spouses and children, should not be undermined.

Therefore, limitations in certain areas should not be viewed as neglect or injustice towards women. In fact, many of the political and economic groups who claim to support women’s rights often exploit them, as we see clearly in the modern, so-called “progressive” world, where all key positions are still held by men, and women are only tokenized to fulfill the appearance of equality.

Support for women or limitations placed upon them should have a rational balanced, and ethical basis that promotes their wellbeing and dignified role within society.

Sources

Volume Four

• The Holy Quran
• Amadi, Abdul Wahid – Ghorar al-Hikam wa Durar al-Kalim (Treasures of Wisdom and Pearls of Speech), Tehran, University of Tehran Printing and Publishing Institute, Third Edition, 1360 AH.
• Ibn Abi Jumhur, Muhammad ibn Ali – Ghawali al-Li’ali (The Pearls of the Noble), Qom, Seyyid al-Shuhada Printing House, First Edition, 1403 AH.
• Ibn Abi al-Hadid, Abdul Hamid – Sharh Nahj al-Balagha (Commentary on Nahj al-Balagha), Beirut, Dar al-Ihyaa al-Kutub al-Arabiyya, 1378 AH.
• Ibn Hanbal, Ahmad – Musnad (The Collection of Hadiths), Beirut, Dar al-Sader.
• Al-Isfahani, Muhammad Hussain – Al-Ijtihad wa al-Taqleed (Jurisprudence and Imitation), Dar al-Kutub al-Islamiyya, 1376 AH.
• Al-Bahrani, Hassan ibn Ali – Tuhfah al-Uqool (Gift to the Intellects), Qom, Basirati Publications, 1394 AH.
• Al-Bahrani, Yusuf – Al-Hada’iq al-Nadhira (The Resplendent Gardens), Tehran, Dar al-Kutub al-Islamiyya.
• Al-Tirmidhi, Muhammad ibn Isa – Sunan (The Hadith Collection), Beirut, Dar Ihyaa al-Turath al-Arabi.
• Al-Ja’fi, Muhammad ibn Ismail – Sahih al-Bukhari, Lebanon, Beirut, Dar al-Ihyaa al-Turath al-Arabi, 1313 AH.
• Al-Hurr al-‘Amili, Muhammad ibn Hassan – Tafseel Wasail al-Shi’ah (Details of the Means of Shia), Fourth Edition, Beirut, Dar Ihyaa al-Turath al-Arabi, 1391 AH.
• Al-Huwayzi, Ali ibn Abd al-Jum’ah al-‘Arusi – Tafseer al-Noor al-Thaqalayn (Exegesis of the Light of the Two Weighty Things), Second Edition, Qom, Ismailiyan Institute, 1383 AH.
• Al-Khomeini, Imam Ruhollah Musawi – Tahrir al-Wasilah (Liberation of the Means), Najaf, Al-Adab Printing House, Second Edition, 1390 AH.
• Al-Saduq, Muhammad ibn Ali – Al-Khisal (The Characteristics), Translated by Ali Akbar al-Ghaffari, Qom, Al-Saduq Library, 1389 AH.
• Al-Saduq, Muhammad ibn Ali – Al-‘Ilal al-Sharai’* (The Causes of Religious Laws), Najaf, al-Haidariyyah Library, 1385 AH.
• Al-Saduq, Muhammad ibn Ali – Man La Yahduruhu al-Faqih (He Who Has No Faqih With Him), Tehran, Al-Saduq Library, 1392 AH.
• Al-Tabrasi, Hassan ibn Fadl – Makarim al-Akhlaq (The Best of Morality), Najaf, Al-Haidariyyah Printing House, 1391 AH.
• Al-Tabrasi, Ahmad ibn Abdullah – Dhakhair al-‘Uqba fi Manaqib al-Dhawi al-Qurba (The Treasures of the Near Ones), First Edition, Egypt, Al-Qudsi Library, 1356 AH.
• Al-Tusi, Muhammad ibn Hassan – Al-Amali (The Assembly), First Edition, Qom, Dar al-Thaqafa, 1414 AH.
• Al-Tusi, Muhammad ibn Hassan – Al-Khilaf (The Difference), Qom, Dar al-Kutub al-‘Ilmiyya (Ismailiyan).
• Al-Fadhil al-Hindi, Muhammad ibn Hassan – Kashf al-Lisam (Unveiling the Tongue), Stone-Printed Edition, Publisher Abdul Hossein Sumsar Esfahani.
• Faiz al-Islam, Ali Naqi – Tarjumah wa Sharh Nahj al-Balagha (Translation and Commentary on Nahj al-Balagha), 1351 AH.
• Karajki, Muhammad ibn Ali – Kanz al-Fawa’id (The Treasure of Benefits), Qom, Al-Mustafa Library, 1307 AH.
• Al-Kulaini, Muhammad ibn Ya’qub – Furu’ al-Kafi (The Branches of al-Kafi), Second Edition, Tehran, Dar al-Kutub al-Islamiyya, 1367 AH.
• Al-Mamqani, Abdullah – Tanqih al-Maqal fi Ahwal al-Rijal (Refinement of the Discourse on the Status of Men), Tehran, Jahān, 1349 AH.
• Al-Muttaqi al-Hindi, Ali – Kanz al-‘Ummāl (The Treasure of Workers), Beirut, al-Risalah Institute, 1409 AH.
• Al-Majlisi, Muhammad Baqir – Bihar al-Anwar (Seas of Light), Tehran, Dar al-Kutub al-Islamiyya.
• Al-Mufid, Muhammad ibn Muhammad ibn Nu’man – Al-Iktisās (The Specialities), Najaf, Al-Haidariyyah Printing House, 1390 AH.
• Al-Naraqi, Muhammad Mahdi – Jami’ al-Sa’adat (The Gathering of Felicities), Najaf, Al-Nu’man Printing House.
• Al-Najafi, Muhammad Hassan – Jawahir al-Kalam (The Jewels of Discourse), Dar al-Kutub al-Islamiyya, 1392 AH.
• Al-Nuri, Mirza Hussain – Mustadrak al-Wasa’il wa Mustanbat al-Masa’il (Supplement to the Means and Extracted Matters), Tehran, Dar al-Kutub al-Islamiyya, 1392 AH.
• Al-Yazdi, Muhammad Kazim – Al-‘Urwah al-Wuthqa (The Strong Rope), Tehran, Dar al-Kutub al-Islamiyya, 1392 AH.
• Torah, Attributed to Prophet Moses (A) – Published by the Sacred Books Distribution Association, 1981.