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Controversy is raging in the Arab and Islamic countries over the appointment of official fatwas and institutions of women as "muftis" between supporters and opponents; a controversy reinforced by various factors, including the rule of the habit of considering most muftis and jurists throughout history as men; and confusing the minds of people between the functions of fatwas And the judiciary, where there was a dispute between the senior in the permissibility of women as judges, and the fatwa was not. This is why there is a need to address the relationship of women with fatwas, jurisprudence and forensic science in general, to reveal the manifestations of that relationship in theory and practice; which is what we seek in this article.
Issuing Fatwas in Islam
Imam Ibn al-Qayyim al-Jawziyyah (d. 751 AH) calls the term "signature of God" on the 'fatwa industry' which he has saturated in his book: "Informing the Signatories of the Lord of the Worlds". And the advisory opinion and practice conditions summarized by us Imam Nawawi (d. 676 AH) said: "condition Mufti being charged with a Muslim safe confidence park for reasons of immorality and Jum virility, Faqih soul sound mind sober true act of thought and elicitation alert, both the free and slave women." In Islam, therefore, it is only the scientific queen, the moral imperative, and the correctness of vision and deduction.
Addressing the fatwa in Islamic history did not require a political decision to appoint the opposite of the judiciary, because the fatwa is: "telling the legal ruling, not obligatory", and telling the legal ruling only requires permission from scholars who testify to the student For this degree, whose owner is called in the term "mufti" or "world" or "jurist". Launching titles at the ancients was not easy, especially titles that entailed responsibilities the size of the fatwa, whose owner bears the responsibility of "signing for the Lord of the Worlds."
Therefore, we find Imam Judge Ayaz al-Yahsbi (d. 544 AH) says: "We do not see the so-called scholar of jurisprudence until it is full, and completes his age, and strengthens his view, and excels in keeping the opinion, and narration of the hadeeth and insight, and distinguishes the layers of his men, and governs the holding of documents, and knows the ills , And see the difference, and know the doctrines of scientists, interpretation and the meanings of the Koran; then deserves to be called jurist, otherwise the name 'student' befit him. From this we know that all described in the jurisprudence in the books of translations worth advising, as these books stated that many women take the advisory opinion. The Soul
The scholar Ibn al-Qayyim stated that "those who have been advised of the fatwa from the companions of the Messenger of Allah (pbuh) are one hundred and thirty-one souls, between a man and a woman", and mentioned about twenty-two mufti, and they are in the order of their fatwas few and many: mother of believers Aisha, mother of believers Umm Salamah, Umm Attiyah, Umm al-Mu'minin Safiyya, Umm al-Mu'minin Hafsa, Umm al-Mu'minin Umm Habiba, Laila bint Qanaf al-Thaqafiya, Asma bint Abi Bakr, Umm Shreik, Al-Houla bint Tweit, Umm al-Dardaa al-Kubra, Atatah bint Zaid bin Amr Bint Suhail, Juwayriyah Umm al-Mu'minin, Maymunah Umm al-Mu'minin, Fatima bint Rasulullah (PBUH), Fatima bint Qais, Zainab bint Umm Salamah, and Umm A Yemen (Abyssinia incubator of the Messenger of Allah p.), Umm Yusuf (Abyssinia was serving the Messenger of Allah p.), And Ghamdia. The Soul
The researcher in the history of Issuing Fatwas through the Islamic ages is aware that this high percentage of "signatures of the Lord of the heavens" reflects the extent of the presence of women and their role in jurisprudence and Ifta in the Prophet's era, and this presence or prosperity confirms the saying of Abdel Halim Abu flat that made it the title of his encyclopedia Leading: "Liberation of women in the era of the message."
Aisha and making fatwa
The qualitative presence of women among practitioners of fatwas was manifested in the first century in the jurisprudence of the mother of the believers Aisha (d. 58 e), which was considered by the Fatwa historians among the seven companions who are frequent in the “Signature of Allah”, because it was “the horizon of the women of the nation at all” as the imam said. Al-Dahabi (d. 748 AH) and Ibn al-Qayyim, and as it was proved by the owner of the "great classes" Ibn Saad al-Basri (d. 230 AH), "I resigned by advisory opinion in the caliphate of Abu Bakr, 'Umar,' Uthman, and so on until she died. ' Allah (s) Omar and Uthman afterwards send to her and ask her about the Sunnahs. " The Soul
The proximity of Aisha (Z) to the Messenger of Allah (PBUH) had a great role in the large number of Meroatha newly and Ifta, and has increased the novel jurisprudence until claimed by the Governor of Alnisaburi (d. 405 AH) that it "carried a quarter of the law", and the total Misharooat Aisha from the health of Bukhari And Muslim about "two hundred and seventy newly did not come out other than the provisions, but easy," and collected Sheikh Saeed Fayez intruder jurisprudence and fatwas in a huge volume he called: 'Encyclopedia jurisprudence Aisha mother of the faithful .. Her life and jurisprudence'.
Aisha is famous for fatwas that are independent and doctrinal opinions that are unique to her, such as her own fatwa not to differentiate between Ould adultery and others in leading the prayer as long as he is reading the book of God and the horizon in the Shara, Other. "
One of her feminist singles is that she says that a woman's passport is forbidden at all if she believes herself from sedition. "About al-Zuhri said: When Aisha mentioned a woman, she only travels with a mahram." Aisha said, "Not all women find a mahram." Sheikh Saeed al-Dakhil notes in his book about the jurisprudence of Aisha mentioned earlier that many of her fatwas are based on her as a distinguished female jurist, because she lived with the Prophet (peace and blessings of Allaah be upon him) under one roof and learned from him what other men did not know. The Soul
The role of Aisha al-Faqhi was not confined to the fatwa and modernization of the Sunnah; it was a symmetry of the Sahaabah, but the fatwas of their elders, such as Abu Bakr al-Siddiq and Umar al-Farooq, were similar. The answer is to mention what Aysdtrah on the companions. " She also graduated Mufti who practiced the fatwa after, and took the jurisprudence and science created many of some of the women of her household such as: her sister Umm Kulthum and the daughter of her brother Abdul Rahman Hafsa.
Those who graduated at the hands of Aisha and carried the banner of Issuing Fatwas after: "Umra bint Abdul Rahman Al-Ansariya ... Aisha and her student ..., and was a scholar of jurisprudence many argument science"; "The mother of the small Darda .. Faqih (v after 81 e), and famous for science, work and asceticism," scientists have agreed "to describe them as jurisprudence, reason, understanding and majesty";
During the reign of the followers famous in the city of the Prophet seven evacuated scientists title of scholars of the city seven, and the biography books tell us to take each one of these seven celebrities knowledge of the jurisprudents; the first of them Saeed bin Musayyib (d. 94 e) took from Aisha or Umm Salamah; 93 e) He took from his mother Asma bint Abi Bakr Al-Siddiq and his aunt, the mother of the believers Aisha, who is “required and agreed upon”; and Al-Qasim bin Mohammed bin Abi Bakr Al-Siddiq (d. 107 e) was raised “in the stone of his aunt or the believers Aisha and learned from her and more”; Jurisprudent poet Obaidullah bin Abdullah Al-Hadhli (d. 98 e) took knowledge of Aisha and Umm Salamah.
However, the Imam of the city, Malik ibn Anas (d.179), took from Aisha bint Saad ibn Abi Waqqas (Aisha al-Sughra), and his daughter Fatima was mentioned by al-Hafiz ibn Nasir. Religion Damascene (d. 842 e) in the narrators of the father's home, and said: "The owner of the daughter kept his knowledge ..., and was standing behind the door if the reader wrong [from his students] clicked the door Vivnet Malik respond to it." The reason for the departure of the great Imam Abu Hanifa to jurisprudence and fatwa question a woman.
In later times, we find that the most famous jurisprudential figure is Imam Abu Muhammad Ibn Hazm (d. 456 AH), who is known for his apparent doctrine and sophistication in all sciences; he says about his first scientific and formative relationship with women: "I have seen women and learned from their secrets that they hardly know. Otherwise, because I grew up in their rooms, and grew up in their hands, and did not know others ...; They taught me the Koran and saw me a lot of poems and trained me in the line. This early companionship of this remarkable science of women made him one of the great analysts of the human psyche in ancient history, especially those related to women.
When we head east in the fifth century itself, we find a man the size of Khatib al-Baghdadi "Hafez al-Mashriq" hears the hadeeth from the updated jurist Tahira bint Ahmad Tannukh (d. 436 AH). Imam Ibn Asaker (d. 571 AH) was translated for 80 of her sheikhs in the 'Dictionary of Women'. One of the students of the Salafi Hafiz (d. 576 AH) collected a lexicon of his elders, and Imam al-Dhahabi narrated from a group of women mentioned in the lexicon of his elders.
Imam Najm al-Din Ibn Fahd al-Makki (d. 885 AH) stated that he took about 130 elders, and Hafiz ibn Hajar al-Asqalani translated to 170 updated in his book 'Durar lurking in the objects of the eighth hundred' of them, 54 of them, and in his book 'approximation' translated to 824 women who Known for the novel. And for his student Sakhawi (d. 902 AH) about 85 elders mentioned in the 'bright light', and contemporary elders Hafiz Suyuti (d. 911 e) reach 44 elders.
If Imam Ibn Shihab al-Zuhri (d. 124 AH) is best known for saying: “The hadeeth is a male who is loved by men and hated by its females.” The imam al-Dhahabi has entrenched in his minds: “What I have learned in women [Put the hadith] and whoever left it "in his novel. These sayings express the temporal saying of culturally; in the time of syphilis Hadith a purely workmanship for men, and in the time of Golden spread women in the Islamic world, especially in scientific families because the journey in seeking knowledge and talk was not available to women goddesses.
The language of numbers says that the number of conversations in the seventh and eighth centuries arrived in Egypt and the Levant, about 334 modernists, took them famous celebrities in that era, who gave them proverbs Ibn Hajar and others; and generally there is no engaged in talking in those times, except at least An updated woman.
Mufti through the times and places
If we look at the field of jurisprudence and making fatwas specifically, we will find that Qatar has not been free from the countries of Islam in the era of the existence of women "signatures of God"; in the third century AH meet in Kairouan "Faqiati Tunisia" - as the historian of the Tunisian culture Hassan Hosni Abdul Wahab - the first: Asma bint Asad bin Euphrates (she died about 250 e) that she learned at the hands of her father, and participated in the corresponding boards and the question that was held, and agreed on the doctrine of Abu Hanifa despite the fame of her father in the Maliki school. The second jurist of Tunisia is Khadija bint Imam Sahnoun (died about 270 AH), the second founder of the Maliki school and its publisher in the Islamic West, described by the interpreter of the men of jurisprudence Maliki judge Ayaz as: "from the choice of people."
Not far from Tunisia and in the same era; we find in Egypt jurisprudent sister Ismail bin Yahya Almuzni (died 264 e) - Nasser doctrine Shafi'i - which was competing and discussed, and the funny impact of its rival that he omitted to mention it was known only as "sister Almzni." Al-Suyuti (d. 911 AH) said in 'Hassan al-Mahadara' that she was attending the Shafi'i council. Al-Rafa'i al-Rafa'i commented on the narration, which was narrated by al-Muzni in the abbreviation of those who trust him about al-Shaafa'i. Shafi'i ... He did not like to call it. "
As her brother Al-Muzni omitted her name, the translation books neglected her news and the date of her death, other than what Al-Suyooti said that she was mentioned by Ibn al-Subki and al-Asnawi in classes. It is apparent that she is the mother of Imam Abu Ja'far al-Tahawi al-Azdi (d. 321 e);
In al-Andalus, the historian Ibn Amira al-Dabi (d. 599 AH) Fatima bint Yahya ibn Yusuf al-Maghami (d. 319 AH), described it as a "pious scholar, settled in Córdoba and died ..., and never saw the coffin of a woman who was seen on her coffin." Of frequent mourners. In Iraq, we find Umm Issa bint Ibrahim al-Harbi (d. 328 AH) "was a virtuous scholar who ruled in Fiqh," and one nation, the daughter of the judge Hussein al-Mahamli (d. 377 AH) "excelled in the doctrine of Shafi'i, and was a fatwa with Abu Ali bin Abi Huraira" Shaykh Shafi'i (d. 345 AH).
In Khorasan, in the far east, the translation books tell us about Umm al-Fadl Aisha bint Ahmad al-Kumasani al-Muruziyyah (d. 529 AH), who was described as a "scholar of jurisprudence .... In the same century we read about the "scientist .. Taqiyya Shahid bint Ahmed" Ibri (d. 574 AH), has "excelled in science ..., known for its virtues in the prospects and grew in Iraq, and has a participation in many sciences, especially jurisprudence .., She was sitting behind a veil and reading the students, and disciple many created. "
Among the most famous jurists who practiced the fatwa and left fingerprints in the Hanafi school: Mufti Fatima bint Alaa al-Din al-Samarqandi (her father died about 540 AH) author of the book 'Masterpiece of the scholars', and the wife of Imam Ala al-Din al-Kasani (d. 587 AH) and died 'before him' . Has "Tvgaht on her father and saved his work 'Masterpiece' .. [and] was the movement of doctrine, quoting well, and it was her husband Kasaani probably interested in Afattia Fterdh to the right and you know the face of error is attributable to the saying .. was give an advisory opinion ... The fatwa first come upon Her line and that of her father Samarqandi, when she married Balkasani, owner of 'innovations' was the fatwa come out in the line of three', ie their signatures.
In the seventh century, we encountered Fatima bint Imam Sayyid Ahmad al-Rifai al-Kabir (d. 607 AH). She was a jurist in the religion of Allah, and the virtuous scholar Zainab, the daughter of Abu al-Qasim, famous for Umm al-Mu'ayyad. And leave ..., and authorized by .. Zamakhshari (d. 539 e) Author [interpretation] 'Scout', and from the most senior scientists mark historian .. Chief Justice Ibn Khalikan (d. 681 e). The Soul
The Encyclopedia, in which Hafiz Ibn Hajar translated the elders of this century, 'Al-Durar lying in the objects of the Eighth Hundred', is known for its translations of many jurists, scholars and scholars. It is common in this era to give names and titles to scientists with a significant significance, and these names and titles: six scientists, six scholars, six judges, six writers, six ministers, six kings.
Those who called it: six scholars bint Sheikha Rabat Darb al-Mahrani (d. 712 AH); six scholars, Ummat al-Rahman, daughter of Abraheem Salih al-Hanbali (d. 726 AH); and six al-Fiqh al-Fakha, the daughter of 65) With Hafez Abi Al-Hajjaj dressed with parts of Amal al-Jawhari; and her sister six judges Bint al-Khatib. Al-Hafiz al-Dahabi also mentioned: six ministers bint Umar ibn al-Munji (d. 716 AH), describing them as "the datum of time"; and six kings of Fatima bint Ali ibn Abi al-Badr (d. 710 e). The Soul
In the ninth century, some researchers limited the number of jurists who have a relationship with Mecca to stay, neighborhood or visit around 270 jurists, as one writer stated that the number of women who have translated them Sakhawi in his book 'bright light for the people of the ninth century' reach 1080 women -Most of them are modern jurists. This indicates that the feminist effort on the part of jurisprudence and fatwa needs to be re-codified and evaluated. The Soul
Among the elders of the tenth century Hegira emerge us "Sheikha .. working scientist" Umm Abdul Wahab bint al-Baouni Damascene (d. 922 e), a "member of the age .. I was carried to Cairo and obtained a lot of luck, and approved by Iftaa and teaching." In the eleventh century we met in Mecca updated Quraish bint Abdul Qadir al-Tabari (d. 1107 AH), she was "Faqih .. From the house of a great science .., was read by the Hadith books in her home," was counted by the owner of the 'index catalogs' of "The Seven Musnads of the Hejaz, with the Thorn of Hadith in the Eleventh Century and Beyond."
Preachers overtake the pulpits
Historians of the eighth century AH frequently stopped at the life of Umm Zaynab Fatima bint Abbas al-Baghdadiya (d. 714 AH), which was called "Rabat al-Baghdadiya" in Cairo when it was founded in 684 AH; Golden described it as "Sheikha Mufti al-Faqih scholar .. Hanbali." The historian Salah al-Din al-Safadi (d. 764 AH) said that she was "stepping up the pulpit and preaching to women ..." [and] he repaired a group of women in Damascus ..., [then] turned after seven hundred to Egypt, and benefited in Egypt from women Group, and after its reputation. "
One of the functions of that bond, which was named after her, was to “deposit women who have been divorced or abandoned, so that they may marry or return to their husbands for maintenance, because of the intensity of the seizure, the purpose of precaution and perseverance in the functions of worship.” And on the relationship of this Mufti Hanbali Baghdadi jurisprudence says Safadi: "Tvkht when Almqaddh Sheikh Shams al-Din and others ... And was unaware of jurisprudence and mysterious delicate and intractable issues."
She reached from her scientific and jurisprudential presence that a man the size of Ibn Taymiyah (may Allaah have mercy on him) was marveled at her work and praises her intelligence. Ibn Taymiyyah was not unique in his admiration; he inherited from him his disciple, Hafiz al-Dhahabi, until he said: "And it was overwhelming acceptance, and fell in the souls, I visited her once and I liked her character and Tkhasha .., And less than begotten women like her."
Before this venerable Baghdad, we find another Damascene Sheikha, the rise of the pulpit caused the name of the "scientist," the mother of the Shafi'i jurist Shihab al-Din al-Ansari (Qadi al-Khalil) known as "Ibn al-Alamiya", and the reason for calling it scientist as narrated by the Greek Pole of religion C 726 e) "The great just king of what he died (in 615 e) considered a woman speak in solace and remembered that she is righteous, so they came in her request and disowned it for lack of experience to suit that situation, Vzzmha and took her hated, and was memorized a lot of 'sermons Vegetarian '(= sermons of the son of a plant died in 374 AH); she said: I was asking God in Road not Evdhani in that forum and I Orgev difference from it.
She said: When I attended and stepped up the platform secretly about me, I read something from the Koran and betrothed the 'sermon of death' ..., which is tons of speeches; agreed in that Council of tears .. What did not agree in other. He was known as 'Ibn al-'Alama', another scholar, 'Abu al-Fadl Ibn al-'Alama, known as the Iscaf (d. 530 AH), as well as Ahmad ibn As'ad Abu al-'Abbas, famous for Ibn al-'Alma, who was the scientist of Damascus.' .
Despite this remarkable scientific presence of women in various eras; books of jurisprudence neglected to mention their doctrinal statements and doctrines except the words of the mothers of the believers, especially Aisha, and that, in our view to four things; First: that the scholars relied on the transfer of words on the fame of the leader and issued, Therefore, they were quoted in the books of the dispute only about the "famous imams of the lands". Second, most jurists were in the hands of an international father or husband who covered that feminist distinction.
Third, women scientists rarely write books, and books alone have the ability to keep words alive and immortal. Fourth: that women in the culture of Arab society is considered "awrah", and some scholars believe that the Arabs have regained pre-Islamic customs in the issues of women and society, so we find Mizni did not declare in the name of his sister, a man from the tribe decorated Mazariya. The Soul
After some effort, some researchers were able to confine only the name of 36 compositions from the second century to the twelfth century, and most of them do not exist, but their titles have been translated by extension. This very small number reflects the asceticism of women scientists in the writing of books that preserve their knowledge, and that asceticism made the books of translations - especially books of the classes of scholars - neglect their mention.
The researcher Mohammed Khair Ramadan Yusuf, after his tours in the books of the translations of the doctrines of the doctrines of the doctrines, was neglected by the neglect of women jurists and their news; In the books of Maliki translations did not find a translation of any woman; as well as the book 'layers of the Great Shafi'i' of Sabki (d. 771 e) he narrowed the ten volumes of the mention of any Shafi'i jurist, and the only mention of "sister Almzni" whose name is not known. There is no mention of Hanbali jurist in the 'Layers of the Hanbalis' of Ibn Abi' Ali (d. 526 AH). He has compensated for this by mentioning the women who were asking Imam Ahmad under the title: “The mentioned women mentioned the question to our Imam Ahmad.” The Soul
This neglect of the scientific history of women hint at several Andalusian issues; the first: the news of Umm al-Walid al-Baji (d. 474 AH), she was a jurist and was not mentioned in the books of translations only in relation to her son, who corrected the date of his birth, as quoted by the son of Assaker Damascene. The second issue: We find in the translations by the owner of 'Naf al-Tayyib' about twenty women from the famous Andalusia, which translate the manifestations of neglect clearly and unfortunately a few exceptions; most of them mentioned a single name similar to the title with the proportion of one of the Andalusian cities, With the complete omission of the rest of the information on the name, the date of birth, and on who taught and learned, and when they died.
The strangest thing in that neglect that story telling Megri nursing formula at the end of the mention of the famous Andalusian, said: "It was said that some of the judges Loch had a wife exceeded the scientists in the knowledge of rulings and downsides ... To refer to him by what is judged. "
As for the third issue, it is reflected in the advantage that the Islamic West is famous for bringing together its family to the various fatwas of their scholars in one book, such as the 'standardized Arab and the Moroccan mosque on the fatwas of the people of Africa, Andalusia and Morocco' by Abu Abbas Alonchrisi (d. Twelve any fatwa for any jurist, and thus followed the encyclopedias of fatwas collected after his time.