Document Type : Research/Original/Regular

Authors

• Somayye Hajiesmaeili ¹
• Fariba Alasvand ²
• Reyhane Karparvar ³

¹ Resident researcher of Women and Family Research Institute,Qom,Iran

² Assistant Professor, Department of Theoretical Foundations, Women and Family Research Institute, Qom, Iran

³ . Faculty Member of Women's Islamic Studies, Jami'at al-Zahra, Qom, Iran

Abstract

in the contemporary age, issues related to the rights and rulings of women and the family have become more important and later jurists have dealt with it in more detail. in the opinions of jurists, there have been differences between men and women In the social and family rights that sometimes in different periods, this opinions has undergone changes. One of the important issues related to women's rights is “The need for a woman to leave” The present study has analyzed the developments of the fatwas of the Imami jurists regarding the permission of women to leave with a descriptive-analytical method. Studies show that the fatwas of most scholars on this issue before modernity are often very brief and expressed in the same literature, and in contrast after the modernity and especially at the same time with the victory of the Islamic Revolution in Iran we face many question in this issue. Relationship between this issue and socio-political contexts of Muslim societies and women's lifestyle, the need to pay attention to thematics and the need for a jurisprudential explanation of this issue in accordance with the pattern of women's social presence are the most important findings of this study.

Highlights

Background and Purpose

Imami Shi'i Jurisprudence, similar to Sunni jurisprudence, has undergone various stages of development since its inception. Scholars have categorized these stages based on different criteria (Sobahani Tabrizi, 1418). The initial phase of jurisprudence, spanning from 11 to 260 AH, is characterized by the prominent presence of the Holy Prophet and the Ahl al-Bayt (peace be upon them) as its foremost authorities. The pivotal period of this historical period occurred during the reign of Imams Muhammad al-Baqir and Ja'far as-Sadiq (may peace be upon them). During this period, the lectures delivered by these two imams and the education of individuals involved in the study of jurisprudence played a significant role in initiating a noteworthy scientific movement in Shia jurisprudence. During the period known as the Minor Occultation, the pronouncements of Imam Masoom were also disseminated as authoritative rulings. Throughout various historical periods, the practice of ijtihad in jurisprudence has experienced fluctuations and variations due to many factors. The rulings pertaining to women have undergone modifications across various historical periods. The laws and rights pertaining to men and women within the family, as prescribed by Islamic Sharia, have long been a subject of intellectual contemplation and public interest within Muslim societies. One notable legislative distinction involves the allocation of family management responsibilities to men, while women are expected to fulfill the duty of obedience and submission (Bostan, 2009). One instance illustrating female subordination is the requirement for a woman to obtain permission from her husband in order to leave the house. In contemporary times, granting permission to leave has acquired heightened significance due to transformations in urban environments and the socio-political framework of communities. Consequently, jurists have adopted redefined approaches in addressing this matter. Hence, the present study endeavors to address the inquiry regarding the evolution of permission for women to leave their houses within varying periods of legal theory. What is the underlying cause for the divergent perspectives among jurists regarding this matter? To address these inquiries, an analysis of the fatwas issued by renowned jurists from each era of jurisprudence will be conducted, followed by an elucidation of the underlying rationale for this different approach.

Method

Following the gathering of data through the use of library resources and the documentary method, our research will be conducted employing two distinct approaches: dynamics and statics. In the domain of dynamics, an analysis of historical data is conducted, while in the domain of statics, a qualitative content analysis approach is employed. Qualitative content analysis is a widely employed method in text analysis that aims to explore the implicit content of messages within a given text. In other words, it seeks to investigate the aspects of speech that may not be readily apparent upon initial observation (Kiwi, 1994). Qualitative content analysis is a methodological approach that aims to uncover and interpret latent patterns within interviews, observations, and written materials through an examination of conceptual terms and their interrelationships. This study explores the topic of women's permission to leave, examining the fatwa of jurists and analyzing the influence of social changes, as well as the impact of time and place on this issue.

Results

The research results indicated that granting permission for women to leave was influenced by social changes, as well as the evolving nature of the place and time. The superficiality and depth of these changes sometimes led to a shift in the subject matter, which naturally resulted in a change in the rullings.The relationship between the issue of permission to leave and social changes:

1. Refining the issue and establishing exceptions in accordance with the social and political contexts of Muslim societies:The matter of whether a wife requires her husband's permission to leave the house is considered a secondary issue, particularly in advanced jurisprudence books. It is often discussed in relation to topics such as Itikaf, Hajj, Nashuz, Expenses, and Oaths. Many jurists provide detailed explanations and briefly mention this aspect, despite the fact that there are many ambiguities and questions that can be raised regarding this issue. As previously mentioned, during the discussion on exceptions to the permission for leave, there have been rare cases brought up that fall under the broad category of compliance with obligations.The jurists played significant social roles during that time. For instance, Allamah Helli served as head of the Judiciary, Ibn Zohrah held a position of Shia religious leadership in Aleppo, and Majlisi I served as the Imam Jumu'ah. Hence, if leaving the house was a social concern during those times, the jurists would have been actively engaged in addressing and examining it more extensively. Hence, this particular issue has typically not posed a significant challenge in traditional societies. After the Islamic revolution, there has been a significant increase in the number of fatwas related to women's activities outside the house. This suggests that the issue of women leaving the house and other related matters are closely tied to social contexts and conditions. After the establishment of the Islamic government, the question of women's permission to leave their houses was also brought up. This was motivated by several factors, including the aim to enhance the security measures required for women's participation in society, the creation of safe and conducive spaces for women's education and leisure activities, shifts in family dynamics, occupational and economic necessities, and, most importantly, their role in strengthening and upholding the government's foundations in various domains.
2. Permission to leave and women's lifestyle:Upon reviewing the jurisprudence literature, it is evident that many jurists have discussed the matter of permission to leave in relation to I'tikaf and Hajj, as well as in the context of marriage. They have primarily focused on the importance of women seeking permission for I'tikaf and Hajj travel, and have also emphasized the general requirement of obtaining permission. So, at first glance, it appears that the woman may have been permitted to go out for an extended period of time. However, it is also possible that in extremely traditional societies, women are only permitted to go out for short periods of time and for personal reasons, such as going to the sports club, science and art classes, etc. In traditional societies, women were often occupied with household responsibilities, leaving them with limited free time. Consequently, jurists did not view briefly leaving the house for personal matters as a significant concern. One of the defining characteristics of modern societies is the presence of leisure, which has had an impact on traditional ways of life (Zokaei, 2013, p. 90). The modern world has brought about several changes in lifestyle and family dynamics. One significant change is the shift from extended families to nuclear families. Additionally, there has been a decrease in the size of homes and a decline in fertility rates. These changes have been accompanied by an increase in women's free time and the availability of various societal amenities. These are some of the consequences and characteristics of the modern world. The issue of a woman asking a man to leave the house should be addressed as a matter of jurisprudence. If a wife leaves the house without her husband's permission, once she returns, the issue of Nashuz (Non-compliance) is resolved, and only the mandatory sentence of the sanctity of sin remains. It is essential to distinguish between short-term and long-term home departures, and this distinction must be considered in legal matters. As a consequence of revising the issue of leave permits and their ramifications, alimony-related rulings may be affected, leading to the possible emergence of new considerations.
3. Revisiting the matter of the exit permission for leaving the house in accordance with the relevant rulings: Although the issue appears to be clear and the jurisprudential reasoning behind it is sound, the suspension of the alimony ruling in relation to permission to leave raises doubts regarding this matter. Jurists consider the wife's failure to seek her husband's permission before leaving the house as one of the factors that may lead to the termination of alimony. However, it is highly unlikely that alimony will be abolished within a short period of time. Once the wife returns home after leaving without her husband's permission, the issue of Nashuz (Non-compliance) is resolved, and only the obligatory sentence of sanctity of sin remains. Therefore, it is important to differentiate between short-term and long-term departures from one's home, and this distinction must be taken into account in jurisprudence matters. As a result of revising the issue of permission for leave and its related branches, it is important to note that rulings such as alimony can also be affected and potentially have new implications.
4. The necessity of gender-based jurisprudential explanation of the permission for leave in accordance with the pattern of social presence of women: The influence of social conditions on jurisprudential fatwas is readily apparent. The initial indications of the reflection of social conditions can be observed in the viewpoints expressed by Imam Khomeini, who was a traditional jurist. According to him, women are not required to seek their husband's permission in order to take part in political activities such as demonstrations and elections. In certain situations, the verdict is influenced by the circumstances of women, but an explanation for these specific circumstances has not been provided. One intriguing aspect of the fatwas on this matter is the significant number of inquiries posed by women who are enthusiastic about contributing to the development of the country during the Islamic Revolution's triumph (Moussavi Khomeini, 2001). The significant number of questions indicates two important aspects. Firstly, it highlights the problem that existed at that time. Secondly, it demonstrates the socio-political progress of women who viewed the revolution as their own and desired to actively engage in social spheres to strengthen the foundations of the Islamic government. It is evident that many men have raised questions and expressed their concerns about this issue. It appears that religious couples faced challenges during that time because there was no comprehensive Islamic model for the role of women in society. The revolutionary atmosphere of those days also increased the likelihood of extreme views regarding women's individual rights.
5. The impact of urban developments on the permission to leave.:Throughout various periods of history, the evolution of house structures and urban environments has led to challenges regarding women's permission to leave and changes in societal dynamics. Islamic thinkers have addressed this issue to varying degrees, but there is limited information available on their perspectives.

Discussion and Conclusion

The matter of granting permission to leave is a subject that has undergone modifications and evolutions across various periods of juridical scholarship. Upon analyzing the fatwas issued by jurists pertaining to the matter of granting permission to leave, it becomes evident that up until the fourth period, this particular issue was consistently regarded as a subordinate ruling. However, following the advent of modernity and particularly after the triumph of the Islamic Revolution in Iran, there has been a notable surge in the number of fatwas and religious referendums pertaining to this matter.

This surge serves as evidence of the connection between this legal ruling and prevailing societal circumstances. The changes observed in this issue are actually connected to the social contexts of Muslim societies. These changes encompass alterations in the physical structure of cities in terms of space and social and historical developments in terms of time. Additionally, the changes in fatwas (Islamic legal rulings) have coincided with significant social turning points. One of the significant physical transformations in Iranian cities, within the context of urban housing system transformation, was the evolution of house construction since the Qajar period. These changes continued even after the Islamic revolution, and the construction of apartments expanded, leading to further adoption of these transformations (Habibi, 2017).

 The changes mentioned had a significant impact on women's lives, considering that they typically spend the majority of their time at home. In the context of social changes, it is evident that the establishment of an Islamic government has led to a shift in jurisprudence approaches. There has been a transition from focusing solely on individual jurisprudence to incorporating social jurisprudence and governmental jurisprudence. As a result, participation in certain social arenas is now regarded as a "social duty". For instance, when considering the involvement of women in the field of science, particularly those that require leaving the house, the supreme leader emphasizes that learning science is now not only a religious obligation but also a social responsibility. Consequently, this responsibility is even more imperative for women compared to men.

The supreme leader highlights that women are expected to pursue various specialized medical disciplines, such as cardiology, internal medicine, neurology, and others. This is a responsibility. Today, this task is more commonly associated with women rather than men. In fact, today is one of those days where gaining knowledge is considered both a religious and social obligation. The issue lies in the fact that individuals who have the ability to study are required to pursue education and seek out areas of specialization. Gaining knowledge and expertise in the field of medicine, like in any other field, is important for both men and women. However, it can be argued that it is even more important for women, as there are fewer opportunities for them in this particular field (Karbalai, 2013).

 It is worth noting that prior to the Qajar era, the urban environment and the design of houses remained relatively unchanged. As a result, the presence of women in the city and the dialectics of the household/outside world was not considered problematic from a religious standpoint. The arrival of modernity in Iran, the Pahlavi government's interest in modernization, and the return of Iranian graduates in architecture led to significant changes in the physical structure of cities and the social perception of homes and leaving them. These transformations have had a noticeable impact on the social history of Iran, particularly in the views of jurists regarding this matter.

Keywords

• "Rights"
• "Women"
• "Permission"
• "Jurisprudence"
• "Shia"

Main Subjects

• Woman and family