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The Journal of Applied Science University
An International Journal


Volumes > Vol. 06 > No. 01


Doctrinal Rooting of Political and Civil Rights for Women in Islam

PP: 15-32
Asmaa AbdulQade Abdullah, Hateemi Ahmed Ibrahim,
Counting the rights granted to Muslim women in later ages and establishing them in Islamic jurisprudence. All the recently approved rights have their origins in Islamic law and have images, applications and examples, because the principle in things is right (halal), and the prohibition is contradictory to specific reasons and requirements, provided that we do not overlook the reality and custom prevailing in our Arab Countries and Islamic. The research divided into an introduction, an introductory study, two studies and a conclusion. The introductory topic was to define the terms mentioned in the title of the research. As for the first topic, it is devoted to talking about womens political rights. Including the right to assume public office, the right to be elected and nominated and established, and the right to take over the judiciary and establish it with the details it contains. Lingering on the principles upon which the political rights of Muslim women are based. As for the second topic, it was devoted to speaking on the civil rights of Muslim women, both of which were human rights and their legal foundation, and social rights and their legal foundation. Lingering on the principles upon which the civil rights of Muslim women are based. The most important points that came in the research: 1- What is meant by the term (jurisprudential rationale) is that these rights mentioned in the research are inalienable rights of Muslim women in Islamic law, and they are something authentic and not like an alien thought that came to Islam from other nations. 2 - All the disputes that took place in the rights of the women in question were such as the difference in concept or the misapplication, and these two objections do not prevent these rights from being genuine Islamic rights. 3 - The main reason for the failure to realize the rights of women mentioned in the honorable Sharia is that their rights have always been linked to customs, traditions, and prevailing customs and they are rarely valid legal rulings because the one who controls the consideration of women and their rights is the custom and not the Sharia. 4- The rights mentioned in the research and their authentication were among the principles whose circle is wide and not narrow, so the original ruling on it may be extracted from the understanding of some texts within the fundamental principles laid down for this, and the task of the thinker was one of the nationís philosopher. 5- Not implementing a womanís right in Arab constitutions or not giving it to her according to the prevailing custom, and it does not mean that this right is not present within the Sharia or that it is absolutely forbidden, because legal permissibility is one thing and the occurrence of the matter is another. 6 - The condition for undertaking business in the countries of Muslims is competence, and the jurists decide that in each state the one who carries out her interests is based on those below him. Character, for example. As for the most important findings of the two researchers 1- The human gender is not mentioned in any legal text that prevents women from their political rights, except for what is mentioned in the hadith about the great guardianship. 2- All the thoughts of religion men said that prohibited women from political action were based on the orbit of prohibition in comparison to the great mandate. 3- Masculinity was not a condition except in the great guardianship and the judiciary in terms of punishments and retribution, and it was not a condition neither in Fatwas nor in diligence or teaching. 4- The rights of women should be studied in all fields as rights that they have from their Creator, which must be recognized and respected, and not as charity or charity from the jurists or legislators. 5- In all cases and when occupying any of the positions, the woman must respect her religion, fear her Lord, adhere to her decency and dignity, and not fail in her original duty to care for the husband and the good upbringing of children.

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