The teacher of jurisprudence and principles at Qum Seminary and head of the Center for Contemporary Jurisprudence Studies said: It seems that the social environment in the circle of traditional religious people is not very ready for women’s authority; the lack of acceptance among this spectrum has roots and reasons that seem somewhat natural. But we are in a transitional stage and changing mindsets, especially at certain points, takes time and requires work.
The Leader’s speech was smart about women’s marja’iyyah. The issue of women’s marja’iyyah and ifta’ is one of the topics that, although it has a long history, has been given more attention in the last decade or two due to social events and changes.
These days, especially after the Supreme Leader’s statement about the necessity of women’s marja’iyyah in women’s affairs, we found it necessary to raise this issue with experts.
IKNA correspondent spoke with Ayatullah Sayyid Mujtaba Nur Mufidi; The teacher of the course of jurisprudence and principles at the Qum Seminary and the head of the Center for Contemporary Jurisprudence Studies has discussed this issue, which we will read below:
One of the issues that must be addressed today is whether the issue of women’s marja’iyyah is a new issue or has been raised since ancient times, and when does the history of this issue go back?
Women’s marja’iyyah can be examined in several stages; from the past, when this meaning and concept was simple, to today, when it has become associated with specific matters, it has undergone various developments. Finally, the principle that women have been authorities in various forms throughout the history of Islam and Shiism has always existed and can be proven with solid historical evidence. For example, in the early days of Islam and during the time of the Prophet (s) and the infallible Imams (‘a), we have women who were people who preached and explained religion and Shari’ah, and people would turn to them and they would answer questions. We have women who were hadith narrators. Among the narrators of hadith, we see the names of many prominent women who have narrated numerous narrations.
As we proceed, the role of women in explaining the elements of religion, in expressing religious rulings and knowledge has increased, according to the needs and abilities they have acquired. At a certain point after the first period, when some women were narrators or as expounders of rulings and knowledge, some reached the stage of ijtihad and found the ability to infer religious rulings from religious sources themselves; these are also a considerable number. For example, the daughter of the first martyr is someone who has reached this level and has become the owner of a fatwa, and according to historical reports, she was to this extent. There are many examples and cases in this regard.
No one has ever prohibited women from narrating narrations, expressing rulings and knowledge, and ijtihad, and has never considered it impermissible in these matters. Of course, there have been discussions about whether or not women are the specific audience.
After that, the issue of the permissibility of issuing fatwas and the permissibility of following has been raised. Therefore, marja’iyyah in the sense of issuing fatwas and following the fatwa holder has been discussed for the past few centuries. In addition, in recent centuries, marja’iyyah has become associated with leadership, so we must distinguish between the two. At one time, marja’iyyah means issuing fatwas and giving fatwas, which consequently raises the issue of following; at another time, marja’iyyah in the aforementioned sense is in addition to taking charge of Shi’ah affairs and taking charge of public affairs; in one sense, this may not have a very long historical history, but rather has emerged in recent centuries. Of course, in addition to these, we have another issue, which is the guardianship of women; that is, for example, if a woman wants to be put forward as the Supreme Leader. Therefore, several issues must be separated here; at one time, authority means issuing fatwas; at another time, authority means in a general sense, which includes taking charge of Shi’ah affairs and public affairs related to them, in other words, it means leadership; Of course, it is possible to consider a separate status for authority from marja’yah.
Now, if the meaning is that marja’iyyah means issuing fatwas and following them, this is not a new issue and has a very long history; if marja’iyyah means leading, supervising, and taking charge of Shi’ah affairs, although it is not new, it is newer than the previous case, but we still cannot look at it as a new issue. After all, this issue has been raised in the past; around the tenth century, al-Shahid al-Thani clarified the condition of manhood for marja’iyyat, and this is well-known.
Of course, even if it is not a new issue, but due to the conditions, requirements, and complexities that today’s world has found, we should review, revise, and reread it, and in a sense, this approach could have a different result.
Why were some surprised when this issue was raised by the Supreme Leader, while according to your statements, it seems that this issue has been discussed in the past as well?
I consider it necessary to thank the Supreme Leader of the Revolution for his special attention to this issue; in a situation where, unfortunately, the propaganda apparatuses of the enemies and the media of global arrogance are trying to accuse Islam and Shiism, and especially Iran, due to some really unfounded matters, including regarding women and the fact that women’s rights and women’s merits and abilities are ignored; in my opinion, raising this issue in such circumstances is very intelligent and has actually been a strong and firm response to these seditions.
In any case, perhaps the reason for some people’s surprise is that they are not aware of the background of this issue and perhaps they have not correctly interpreted the Supreme Leader’s statements; because I said that we must examine this issue at different levels. First, he raised the issue of the permissibility of imitating; the permissibility of imitating follows the permissibility of issuing an ifta’; the ifta’ is also based on ijtihad and the door to women’s ijtihad has never been closed; no one has said that a woman cannot become a mujtahid. What has been the subject of discussion has been the issue of the permissibility of issuing fatwas and, following that, the permissibility of imitating others; what is perhaps somewhat unexpected for some and is still subject to discussion is the issue of taking charge of Shiite affairs, public affairs, and leadership. What the Supreme Leader has referred to is the permissibility of imitating others.
Their surprise may be due to the fact that they think that he has said this at the third level as well, while his statements have been silent on that aspect. The discussion of the permissibility of following may or may not be accompanied by the issue of leadership; it can even be pointed out to those who oppose it that the issue of leadership is not currently under discussion. What is being discussed now is al-marja’iyyah in the sense of permissibility of issuing fatwas and permissibility of following; this does not contradict the taste of the lawgiver; it does not contradict their disguise and concerns, these can be combined. Yes, these concerns of theirs can be raised to some extent regarding leadership, which can also be answered and should be discussed in due time.
According to your explanations, what is the ruling on women’s al-marja’iyyah for men? If it is permissible for women, is it only in the field of women’s issues or is it raised in general?
If we believe that it is permissible to issue fatwas for women and to follow them, and this is based on solid and reliable evidence, then it no longer matters whether the fatwa is issued by a woman or a man. After all, the main evidence for the permissibility of issuing fatwas and giving fatwas is a series of verses and narrations whose application includes women; or, for example, the behavior of the ignorant based on the return of the wise to the learned; if we accept these applications and there is no restriction for it, or, for example, there is no reason to prevent the behavior of the wise with regard to women (which apparently is not the case), then there is no difference between issuing fatwas for women or for men.
Therefore, in accordance with the evidence for the permissibility of issuing fatwas, we cannot place any restrictions on the following of men; especially if we assume that a woman is found who is more knowledgeable and we believe that it is obligatory to follow the most knowledgeable. Yes, regarding women’s issues, we may pay attention to one aspect, and that is that in terms of subject matter, which plays an important role in inference, and if the subject is not properly understood, the inference will go astray. Naturally, women are definitely at a higher level and may have some advantages in terms of the permissibility of imitating; otherwise, in principle, al-marja’iyyah in the sense of the permissibility of issuing fatwas, there is no difference between men and women; it is not even specific to women’s issues. That is, in matters other than those related to women, the permissibility of imitating is fixed. If, for example, an expert jurist is found among women who is superior to men in terms of the power of inference, there is no reason for us to attribute this to men.
The fact that the Supreme Leader has referred to issues related to women has in fact determined imitating. His interpretation is that in many women’s issues, men do not have good and correct discernment; therefore, women should imitate female mujtahids. The issue is the necessity of imitation, and it does not mean that, for example, this competence does not exist outside this scope.
If we were to examine it from another angle, given the specialization and complexity of jurisprudential issues, can it be said that women’s al-marja’iyyah is a social necessity or is this issue raised to improve the status of women?
In my opinion, it can be both effective; that is, it is both a social necessity and it creates a basis for improving their status. The reason we say social necessity is that the issues have become so widespread and complicated that in the future we have no choice but to specialize even in the issue of authority, issuing of fatwas, and following. Certainly, a jurist does not have enough time and opportunity to deal with all the issues, so we have no choice but to move towards becoming more specialized; that is, for example, in different chapters, we can have several people, each of whom is more knowledgeable in a particular chapter and who can be the reference for people to answer religious questions and issuing fatwas.
Therefore, considering that we live in a world where women’s specific issues have become very widespread and complicated, perhaps this is a necessity; especially considering that women themselves are more familiar with and have better discernment in these matters. Therefore, this is a social necessity and at the same time it will improve the status of women and ladies.
IKNA – Considering the points you mentioned, how receptive is the social space to a female religious al-marja’iyyah and is there a capacity in the field of sisters to introduce mujtahids to the people or at least to women?
Regarding the first part of the question, it seems that the social space is not the same; the social space in the circle of traditional religious people is not very ready. The lack of acceptance among this spectrum has roots and reasons that seem natural to some extent. But we are in a transitional stage and changing mentalities, especially at certain points, takes time and requires work. This can also be done by jurists and elders; scientific and promotional movements can be made; this is possible and not impossible.
In the spectrum of non-traditional religious people, this readiness is greater and the ground for acceptance is more prepared. In terms of the public space, there may be more readiness. As I said, in order to make this issue acceptable, we must distinguish for now between the position of issuing fatwas and the position of leadership. Even if we believe in the permissibility of leadership, it will naturally take time and must happen step by step. It should also be noted that what is currently under discussion (as I mentioned at the beginning of my speech) and has also been mentioned in the Leader’s orders is the issue of the permissibility of issuing fatwas; this is an important step forward. But the issue of leadership and taking charge of public affairs or the issue of guardianship requires a separate discussion.
But regarding the Sisters’ Seminary, I have said this many times on various occasions that the Sisters’ Seminary in the current situation and with the programs they are currently implementing, has unfortunately reduced this capacity. Of course, this space may be more available in Qum, but the Sisters’ Seminary in the cities are somewhat weak in this regard, given the programs that have been planned for them. I have repeatedly advised the officials of the sisters’ seminaries to keep the traditional path of education in the seminaries, which is taking place in the men’s seminaries, open for sisters who want to follow the path of ijtihad, in addition to the programs they have at levels two, three, and four that provide a set of knowledge to women, so that we can have the desired outcome.
If you have any points to make as a conclusion to the discussion, please let me know?
My request is that in issues such as these, which are sensitive, they should be written carefully and commented on carefully; the subject of the discussion should be precisely known and clear. Let us be careful about what exactly we focus on in terms of negation and affirmation; it is important that the boundaries and limitations of the subject of the discussion should be completely clear and explicit, and we should not mix these discussions with marginal and side issues.