Document Type : Research/Original/Regular

Authors

• Roghaieh Sadat Momen ¹
• Nehle Gharavi naeeni ²
• Touba Shakri Golpayegani ³

¹ Assistant professor of law department of Sisters Campus of Imam Sadiq University (peace be upon him), Tehran, Iran.

² Professor of Quran and Hadith Department, Faculty of Humanities, Tarbiat Modares University, Tehran, Iran

³ Assistant Professor of Women's Studies Department, Faculty of Human Sciences, Tarbiat Modares University, Tehran, Iran

Abstract

One of the fundamental pillars of social justice within the Islamic framework is the equitable provision of judicial justice, ensuring that all individuals within the community have equal access to legal recourse and are not subjected to any form of gender-based discrimination. The effective guarantee of women's human rights in both individual and social contexts relies on their access to judicial justice. Consequently, there is an anticipation that the Islamic judicial system will serve as a practical model, offering suitable mechanisms to ensure these rights are upheld in the most optimal manner. The conduct of Hazrat Ali is one of the best illustrations of how the Islamic judicial system treats women. This article studied the content of Ali's sayings and practices about the overarching principles guiding women's legal system at various levels using the approach of inductive-deductive text analysis in three stages of description, analysis, and categorization and extracted the fundamental elements of the system of government women's access to judicial justice. The objective of this article is to elucidate the comprehensive notion of judicial justice as outlined by Hazrat Amir. By examining the overarching principles of Amir's rulings concerning women, it is demonstrated that within Alavi's justice system, women are afforded equal treatment without any form of discrimination. Additionally, they enjoy unrestricted access to legal authorities and the freedom to pursue litigation. Consequently, women express contentment with the outcomes resulting from the implementation of true Alavi justice and regard Hazrat Ali as a paramount advocate for their human rights.

Highlights

Background and Purpose

 Throughout history, humans have consistently had a deep-rooted belief in the inherent importance of justice and have persistently sought avenues to actualize this principle. In the framework of the Islamic legal system, the concept of justice holds significant prominence and is seen as a fundamental value. Its attainment all over society is deemed to be the primary goal of the Prophets' mission.

The terms "Adl" and "Adalat" originate from the Arabic language, where they encompass various meanings such as truth, justice, giving, equality, moderation, perseverance, and the act of ruling based on truth and equality (Ibn Manzoor, 1995 ; Farahidi, 1987). Based on the lexical use and the diverse connotations delineated in the dictionary, the preeminent explication is discernible inside the pronouncement of Hazrat Ali, an exemplar of equitable justice. In Nahj al-Balagha, they say that ''justice entails the act of appropriately assigning every element to its rightful position.'' (Al-Razi, 1999). According to this perspective, the primary essence of justice lies in the equitable allocation of rights to individuals, considering their unique circumstances and needs. It acknowledges that individuals possess inherent differences, and recognizes the necessity of accommodating disparities and privileges that arise from factors such as qualifications, physical and mental conditions, gender, and associated requisites. Furthermore, it acknowledges the relevance of external factors that may influence individuals, irrespective of their personal volition.

One crucial aspect that might contribute to the realization of this objective is the establishment of justice and equity within the legislative and judicial domains, sometimes referred to as "judicial justice." This concept is a fundamental pillar of social justice within the Islamic framework. The concept of judicial justice entails the equitable and unbiased utilization of judicial and court services by all individuals and entities within a given community, irrespective of their gender, socioeconomic background, ideological beliefs, or political affiliations (Zainali, 2004).

Currently, the provision of judicial justice to women and girls is widely recognized as a crucial and impactful means of safeguarding and upholding their human rights within the realms of personal, familial, and societal contexts. This implies that with the safeguarding of women's rights, there is also a notable emphasis on ensuring legal recourse for the protection of these rights. It is expected that the legal systems in all countries are structured in a manner that not only enables women and girls to assert their rights but also ensures that these rights are effectively realized through suitable methods. Given that Iran's legal system is founded upon Islamic principles and the tenets of Imami jurisprudence, the establishment of a fair and equitable justice system that caters to both genders necessitates adherence to the moral teachings and conduct of the Imams in matters pertaining to justice. The Alavi tradition, both during the era of the Holy Prophet and after it, whether under the official rule or otherwise, encompasses insightful principles and diverse aspects of judicial justice, particularly about women.

The narrations attributed to the Imam Ali in the field of judgment and jurisprudence, as well as the incidents and debates concerning women that were brought before him and adjudicated without any bias based on gender, serve as concrete evidence highlighting the significance of women's equitable access to judicial justice.

Method

This article employs the inductive-deductive approach of text analysis, which involves three stages: description, analysis, and categorization by open coding. This study aims to analyze the sayings and actions of Hazrat Ali on the overarching principles that regulate the legal system for women at various levels. The researcher has identified and analyzed the fundamental elements related to women's access to the legal system within the Alavi administration.

Results

To fully understand the factors influencing women's concerns within the Alevi cultural framework, it is imperative to engage in a thorough and all-encompassing examination of the Sunnah. This entails an in-depth investigation and depiction of both the Imam Ali's actions and his spoken teachings as they pertain to his way of life. This study, characterized by comprehensive historical inquiries and careful examination of the Alavi tradition in both verbal and practical domains, concludes that there exists a harmonious relationship between word and deed, with the two mutually reinforcing one another. In a broader sense, they depict the connection between development and legislation in recognizing women's role within the judicial domain. Based on the principles of Islamic teachings and the concept of Alavi's justice, women had a sense of empowerment inside the judicial sphere. They not only perceived no inherent vulnerability in their position but also successfully pursued their legal rights with integrity and respect, thereby reaping the benefits of Islamic justice within the framework of Alavi's judgment.

Discussion & Conclusion

A comprehensive examination of the legal records related to Hazrat Ali (peace be upon him) reveals his recognition of women's legal standing throughout the entirety of the judicial proceedings. Notably, he refrained from denying them access to judicial justice on the grounds of their purported lack of comprehension or inferiority. Hazrat Ali, may peace be upon him, shown a commitment to advancing women's rights, both during his reign and in periods of political silence as dictated by the prevailing circumstances. By clarifying and reminding the Prophet's verses and tradition, he substantiates how equitable legal principles can be effectively implemented and the significance of judicial evidence in the legal system. By elucidating and employing the principle of egalitarianism in matters of justice where gender is inconsequential, Hazrat established equal status between males and females, emphasizing that the provision of legal justice does not invariably entail favouring women. Rather, it may entail issuing a ruling in favour of males in accordance with reason and circumstantial evidence.

The notion of the uniqueness of crimes and punishments was an aspect of criminal policy that was not adequately addressed following the death of the Holy Prophet. However, this principle was subsequently restored and established by Hazrat Amir, particularly in circumstances involving the involvement of women in the administration of justice. The safeguarding of women's dignity within the judicial system, the eradication of any form of violence within the judiciary, the elucidation and establishment of evidence to substantiate lawsuits related to women, the incorporation of scientific advancements in the pursuit of judicial truth, and the utilization of occult sciences are all significant results derived from the examination of women's judicial requests to Hazrat Ali. In the Alavi legal system, women's access to judicial justice is widely acknowledged and deemed reasonable by both allies and adversaries.

Keywords

• Judicial Justice
• Imam Ali (Peace Be Upon Him)
• Women
• Principles of Judgment
• Law

Main Subjects

• women law