Philosophies of Hijab and Gender Justice
To what extent do the philosophies related to hijab justify the fairness of this task and expand the perception of justice in this position? The current paper analyzes the answer to this question through a critical-analytical method. In Islamic jurisprudence, unlike men, women are obliged to cover their bodies as much as possible, except for the face and arms up to the wrists. To justify this jurisprudential distinction, philosophies such as controlling the fire of lust, strengthening family ties, stability of society and the like have been mentioned. Based on point of view of jurists, the mentioned philosophies are not the "causes" of the religious hijab and are considered its "wisdom (Hikmah)". Therefore, hijab is obligatory even in their absence. What guarantees the realization of these philosophies is the formation of "moral chastity" in the context of society, not necessarily "jurisprudential hijab". Violation of these philosophies in some jurisprudential fatwas - such as prescribing the non-covering of slaves and people of the Book and prescribing looking at disabled women and women who are not accustomed to covering - shows that relying on these philosophies alone cannot fully justify this jurisprudential distinction between men and women. In this regard, proving gender justice at a real and perceptual level is not possible by relying on these philosophies, and we can only speak of following (Share') Allah's commands and the right of obedience to Allah.
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An introduction to the theology of gender equality based on transcendent theosophy
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Journal of Islamic researches of women and family, -
عدالت جنسیتی و رویکرد فقهی مطلوب در عرصه حکمرانی
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مجله فقه حکومتی، بهار و تابستان 1401