دعوات تجديد الفقه الاسلامي المعاصرة المتعلقة بالمرأة
Date
2020-01-18
Authors
منال سلامة اسماعيل قزاز
Manal Salamah Qazzaz
Journal Title
Journal ISSN
Volume Title
Publisher
Al-Quds University
Abstract
This research, entitled (Invitations to Renew Contemporary Islamic Jurisprudence relating to Women, an Evaluation Study) seeks to find a detailed study of the calls to renew contemporary Islamic jurisprudence related to women, compared to the provisions of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), I have calculated those calls , And by studying each call from them separately, and I have elaborated on every issue in it from the books of the principles of jurisprudence and from the books of ancient jurisprudence, reviewing the verses and hadiths and the sayings of scholars therein, then I approved it or made a statement.
What called me to search in this matter, is the large number of calls for renewal of Islamic jurisprudence and the multiplicity of modern and contradictory fatwas in it, which made research on these calls an urgent modern necessity.
Calls for renewing Islamic jurisprudence related to the equality of women with men in political life, the judiciary and in personal status cases were presented, and then calls for renewing Islamic jurisprudence related to women's freedom of self-fulfillment and women's freedom related to the body were presented.
The letter concluded with a set of results, the most important of which are:
-Renewal in Islamic jurisprudence means addressing new issues by finding legal rulings for them, within the rules and controls of ijtihad. As for departing from these rules and violating them, there is no renewal in anything.
-Most of the demands of feminist movements for renewal with regard to women's issues contradict the utter contradiction of the concept of disciplined discipline with legal controls, and a collision of explicit and peremptory texts from the Noble Qur’an.
Most of the renewal calls related to women were in accordance with the agreement (CEDAW).
The feminist movements were behind all the decisions and agreements issued by conferences relating to women.
The CEDAW agreement was based on two basic principles: the absolute freedom of women, and their full equality with men.