نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The discussion of concessions regarding Islamic penalties and obligatory rulings, which stems from Islam’s protective view toward accountable individuals—especially regarding women and the high importance of their spirits, emotions, and unique social status in the view of the Islamic legislator—has made the subject of concessions in Imami jurisprudence unique and progressive compared to most legal systems in the world, covering many highly significant topics. Therefore, an important question arises here: What are the rulings regarding exemptions and concessions for women in the chapters of jurisprudence? The methodology of the present research is narrative-revelatory (Naqli-Wahyani), and the researcher has organized the study into three sections: the first section includes the introduction, concepts, and jurisprudential rules related to the research topic; the second section addresses cases of mitigation for female offenders, which have been substantiated and documented; and the third section explains cases of concessions in women's obligatory rulings. In conclusion, we have found that cases of mitigation for female offenders are documented and substantiated in Islamic Sharia across numerous jurisprudential chapters, including mitigation in the punishment of apostate (murtad) and warring (muharib) women, mitigation in discretionary (ta'ziri) punishments, and mitigation via postponing the execution of corporal punishments (hudud) for pregnant and nursing (murdi'ah) women, among many other cases. Furthermore, regarding women's obligatory rulings in various jurisprudential chapters, there exist numerous exemptions and concessions, including those in the chapters of prayer (salat), fasting (sawm), almsgiving (zakat), and purification (taharah), all of which are highly significant.
کلیدواژهها English