The Application of Facilitative Jurisprudence Regarding Issues Concerning Women in Spousal Relationships: An Analysis of Themes in Civil Verses

Document Type : Specialized article

Authors

Abstract

Acknowledging the claims of thinkers and religious scholars regarding the comprehensiveness and timelessness of Islam, as well as the availability of tools such as modern ijtihad, the dynamism of jurisprudence, the change of subjects, the influence of time and place in ijtihad, the significance of reason and custom in deriving rulings, and the rational principles inherent in Sharia alongside the teachings of revelation, the study examines both general legal and specific critical issues, especially considering the differences between spouses, to favor facilitation over unwarranted caution. Furthermore, presenting theories such as opening the doors of leniency in religion and negating hardship in religious texts, particularly in matters concerning women, paves the way for addressing these issues. This can guide us to a general principle in jurisprudence, known as “the Principle of Facilitation,” a principle evident in the fatwas of many jurists, whose practical conduct in ijtihad aligns with it. Thus, the themes based on the revelation of civil verses were reviewed, allowing jurists to rely on this principle to declare rulings that impose duties on the obligated individuals in an easily practicable manner—essentially substituting facilitative ijtihad for issuing fatwas based on caution (cautious ijtihad), which may sometimes lead to difficulty and hardship for adherents. The sole responsibility of facilitative ijtihad is to eliminate repeated precautions that may lead to excessive duties, harm, or obsessive thoughts, particularly as discussed in issues affecting spouses.

Keywords

Files

History

  • Receive Date: 31 December 2024
  • Accept Date: 31 December 2024
  • First Publish Date: 31 December 2024

Share

How to cite

Statistics