A Critical Analysis of Aziza Hibris Theory on Womens Legal System in the Quran According to the Principles of Shia Jurisprudence

ُSomayeh Abarqoee | Mahmud Saidiy

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URL :   http://research.shahed.ac.ir/WSR/WebPages/Report/PaperView.aspx?PaperID=159166
Date :  2022/01/06
Publish in :    International Journal of Multicultural and Multireligious Understanding

Link :  https://ijmmu.com/index.php/ijmmu/article/view/3257/2896
Keywords :Aziza Hibri; Tawhid; ?Ilal al-Shar?yi?; Woman

Abstract :

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According to Aziza Hibri, Tawhid (i.e. monotheism) is the most basic Quranic teaching that affects all Islamic laws, including family law. According to this principle, men and women have the same rights and laws in the family system, the denial of which leads to injustice and inequality and hence the evil argument. According to Hibri, the correct inference of Islamic rules depends on recognizing the reasons for the legislation of Islamic rules. By gradual changes of these causes and factors, sharia laws, which have patriarchal attitudes of ignorance time, are undergoing change due to changes in the temporal-spatial conditions. These changes are in laws such as alimony, dowry, polygamy, and divorce. According to the principles of Shia jurisprudence and its authentic hadiths, analogy is not correct in the Sharia rules and is itself a kind of satanic argument. Therefore, the foundations of Aziza Hibri and his theory in this regard face major shortcomings and challenges and are not compatible with Qur’anic verses.