Witnessing extension of these researches and writings, bookidentifications and biographies that have been published up to the present time:
1. Kitabnamah Athar Zanan Iran, Tehran, Women Organisation of Iran, 1970, p.89.
2. Kitabshinasi Athar Zanan Dar Panjah Sal Akhir, "Identification of women's works during last fifty years", from 1921 up to 1970, Master thesis of librarianship. Prepared and regulated by Yahyah Asadi, Tehran College of Educational Sciences Tehran University. Group of Librarianship, Academic year 19721974, p.187.
3. Fihrist Manabi Marbut Bi Zan "index of references relevant to woman", in Persian, by Mohammed Hasan Taqawi with cooperation of Jackline Rodolf Tabah, Tehran: Tehran University, College of Social Sciences, Social Studies & Researches Institute, 1979, p.96.
4. Kitabnamah Zan "Treatise on Woman", collected and compiled by Zahra ChihrahKhand and Sadiqah Sultanifar, with collaboration of Society of Islamic Revolution Women of Iran, Tehran: with collaboration of Iftikhariyan publications Foundation, 1980, p.120.
5. A subjective list of books and articles regarding woman, published by Administration of publications and Propagation "department of women", Tehran Ministry of Culture & Islamic Guidance, vol.I, 1984, p.176; vol.II, 1987, p.110.
6. Maqalahnaamah Zan, by Maryam Ra'iyyat AliAbadi, Shahrazad Taahiri Lutfi and Nusheen Imrani, Tehran: Cultural Researches Bureau, 1989, p.248.
7. PezhuhishNamah Zanan Wa Khanawadah "Research on women and family", by UNISCO National Commission in Iran, Social Sciences Department, Tehran. Publications of UNISCO National Commission in Iran, 1992, p.152.
( 126 )
8. Masadir AnNizam AlIslami AlMar'ah WalUsrah FilIslam, by Abd AlJabbar ArRifa'i Kuwait Manshoorat Markaz AlMakhtutat WatTurath WalWatha'iq, 1414H/1993AD, p.564, in Arabic.
9. Fihrist Mushtarak Kitabha "Common Index of books", Articles and theses on women and education, in Persian Published by United Nations Children's Fund "UNICEF", Tehran Bureau, 1984, p.127.
10. Analytic book on role of rural women in development of UNICEF and Bureau of Activities Development of Rural Women, Agriculture Ministry of Islamic Republic of Iran, 1984, p.113. 220
11. Kitabnamah Zan, Index of books compiled and translated by women "19791985". Published by Investigation Department in AzZahra University, Tehran: AzZahra University, 1985, p.34.
12. AlMar'ah Biloghrafiyyan, by Fa'iq Fuduli, Baghdad: Daar AlAafaq, 1985, in Arabic. Further many other works were published in the form of articles and pamphlets like the following:
1. Chihil Kitaab Piramoon Hijaab, Noor 'Ilm Journal, issue no.20, 1987, pp.116122.
2. Kitabshinasi Hijaab, by Sayyid Muhsin Sa'idZadah; PayamZan Journal, issues Nos. 8, 9, 1992, pp.5964.
3. Kitabnamah Hijaab Wa Libas, Islamic Propagation Organisation Exhibition of Woman's Identity and Status, 1991, p.40.
4. Kitabnamah Hijaab, Baqir AlOloom Research Centre, serial no.128.
5. Maqalaha Wa PayamNamaha Zanan "Articles and theses
____________
220. journal of Goftogo, issue no. 9, pp., 133-135.
( 127 )
on women", Bureau of people's Promotion and Participation, Ministry of Construction Jihad.
In these collections, more than ten thousand books, articles, theses, research drafts regarding women's affairs have been introduced, in Persian and Arabic. Further the works published in other languages, and even in Arabic, were more than these. A vivid evidence for this claim, being the news about organising a book fair for Arab women in Cairo with 1500 book titles, in the period 1620 November 1995. In this fair only 24 publication houses and universities participated.221
After presenting this report surveying the situation of writings on women's affairs, it is proper to turn here to point out with explanation of five compilations on women's affairs. The reason why I chose them lies in the fact that these books are more than one volume and tackled the issues with a new view, though their compilers having not one and the same mode of thinking. In these works, attention was concentrated on issues and subjects be more interested by woman to read, covering also the recent new questions and suspicions. On the other hand, these books are inscribed in Arabic, and cannot be used by Farsispeaking people. These general introductions can acquaint the Farsispeaking people with other thoughts and ideas, to some extent. I think getting acquainted with these compilations helps complementing the discussions of this book. The identified collections are as follows:
1. AlMufassal Fi Ahkaam AlMar'ah WalBayt AlMuslim 11 volumes.
2. Tahreer AlMar'ah Fi 'Asr ArRisaalah 6 volumes.
3. Masa'il Harijah Fi Fiqh AlMar'ah 4 volumes.
4. AlMar'ah FilFikr AlIslami 2 volumes.
____________
221. Hamshahri daily, 4th year, issue no. 869 (28-12-1995), p. 10.
5. Jami' Masaanid An-Nisa 2 volumes.
Al-Mufassal Fi Ahkaam AlMar'ah Wal-Bayt
Al-Muslim Fi AshShari'ah Al-Islamiyyah,
Compiled by Dr. Abd AlKareem Zaydaan.
2nd print: Mu'assasat ArRisaalah Lil Tiba'ah WanNashr WatTawzi', Beirut, 1415H. 1995 AD". 11 volumes.
This book was published first in 1413H. 1993AD, and in the year 1994 it won the world prize of Iran's Book Fair. Its author being a former professor of Baghdad University, who taught in Colleges of law, Arts and Islamic Studies. He has plenty of works and compilations, among which the following can be mentioned:
· AlWajeez Fi Osool AlFiqh
· Ahkaam AdhDhimmiyyin WalMusta'minin
· AlMadkhal Lidirasat AshShari'ah
· Nizam AlQaza FilIslam
· Majmu'at Buhooth Fiqhiyyah, and others.
The aforementioned book "AlMufassal" is matchless in its subject of study, as it contains a comprehensive list of rules and questions related to women and family according to the Islamic jurisprudence "Fiqh". The researches of this book were divided into nine chapters:
· First Chapter "Kitaab" is dedicated for rituals "ibadat", including four sections expounding topics of Salaat "prayers", Zakaat "poordue", sawm "fasting" and Hajj "pilgrimage to God's House".
· Second Chapter is dedicated for vow "nazr" and oath, which were set forth in two sections.
· Third Chapter is dedicated for questions of dhabh "slaughtersacrifice".
( 129 )
· Fourth Chapter, which was named hazr wa ibahah "prohibition and permission", included the following sections: Hunting and Tazkiyah "making lawful to eat", foods and drinks "beverages", treatment & medicines, gazing & touching, conversation between men & women, clothes & ornamentation, Tabarruj "displaying the charms", housekeeping, sport & entertainment, defence of life, and dignity & property.
· Fifth Chapter being under the title of Rights and Duties: Its 1st section discusses rights and duties, and its 2nd section expounds the rights in general and in particular, while its 3rd section reviews woman's duties.
· Sixth Chapter, which is titled: "Crimes and penalties." covers the main topics of crime and penalty, kinds of crimes, crime of aggression on life, crime of violation against organs and ta'zir "punishment".
· Seventh Chapter is dedicated for family affairs and issues related to marriage, manners of marriage waiting period "'iddah", rules of children and relatives.
· Eighth Chapter discusses the properties and financial dealings.
· Ninth Chapter, titled "Patients and Deceased." discusses the questions relevant to the sick and rules of death.
The Conclusion of the book is dedicated for a research on wives of the Prophet, Prophet's children, his Household "AhlalBayt", and the Prophet's behaviour and conduct with his family.
In his introduction the author manifests the purpose of writing this book thus: "The motive behind compiling this book lies first in acquainting the Muslim woman with religious rules necessary for her, so as to act according to them and call others to follow them. The other aim being getting the Muslims acquainted with family rules in perspective of Islam and manner of constituting a family on basis of Islam." "vol.I, p.7".
( 130 )
Hereunder I present some issues related to introducing and scrutinising of this work in two parts:
First: Apart from this salient and manifest feature, through which the author has gathered researches related to woman in one collection, opening a broad and spread door before the researchers, and apart from the much fluent and eloquent pen, I am going to indicate some of its other characteristics:
1. In the outset of every research, the subject of discussion is introduced under the heading "Preamble" and "Research programme." with categorisation of researches. This method sets forth a bright appearance of the theme and subject of discussion under the disposal of the reader and researcher. Of course we should not forget the fact that these classifications have gone to extremes loosing their usefulness and influence.
2. Paying attention to the opinions of Islamic schools "mazaahib" being one of other privileges of the book, and the author has cited the views of wellknown schools of thought, such as: Maliki, Hanafi, Hanbali, Shafi'i, Zaydi, Ibadi, Zahiri, and Shi'ah. But he has neither manifested the opinions of all the schools regarding all the questions and rules, nor taking into consideration the reasoning of all the Fiqhi views. In other words, comparativeness of this work has a great role in making it extant.
3. Paying attention to Quranic verses and viewpoints of interpreters being among the bright points of this work. The author, in every place of the book has resorted to Quranic verses, citing viewpoints held by interpreters.
4. After citing opinions of schools and Fiqhi inferences, he very often has given preference to one of them.
5. Among the other characteristics of this compilation being setting forth some of new Fiqhi issues, or giving a new finish to them. As an example for these researches, we can site the following:
( 131 )
Siqt Janeen "vol.III, pp.119 and 132"; Mas'alah Nigah WalLams "vol.III, pp.141275"; Libas Wa Zeenat "vol.III, pp.295410"; Zeenat Zanaan Dar Dawran Hadir "vol.III, pp.393410"; Tabarruj Wa Ikhtilaat "vol.III, pp.411432"; Hoqooqe Zan "vol.IV, pp.187336"; Jihaad Zan "vol.IV, pp.379402"; Huquq Zawjayn "vol.VII, pp.47322"; Talqeeh Masnooi "vol.IX, pp.385392"; Ahkaam AlAwlad "vols. IX & X".
6. The compiler has presented some of the new viewpoints, to some of which I refer here: · The woman can lead the congregational prayers for her household "vol.I, p352".
· They "Fuqaha" consider lawful the common "ordinary" ornament in the face and two palms for women, prohibiting excessiveness in adornment "vol.III, p.195".
· It is allowed for woman to look at a foreign man "with whom marriage is lawful" without privy parts and without carnal lust "vol.III, p.230".
Second: despite all the positive points this valuable work has, but several weak points are witnessed too, to some of which a reference is made here:
1. The subject of discourse of this compilation are more extensive than the title of the book, and the compiler gave the book the title: "AlMar'ah WalBayt AlMuslim. If the purpose be mentioning subjects related exclusively to women, but many of subjects being common between woman and man, so it was improper to gather them in this book and if the title "AlBayt AlMuslim" is added for the sake of including this group of issues, so why the title of the subjects of seventh volume be AlBayt AlMuslim? And if the aim of the author be collecting researches on personal conditions, still some of the issues have no connection to them, to some of which I make a reference here:
All kinds of impurities "vol.I, pp.1935"; purification Tahaarah
( 132 )
"vol.I, pp.4670"; fasting and sequestered life "vol.II, pp.7143"; pilgrimage "vol.II, pp.147390 except a few of issues"; oath "vol.II, pp.399436"; Kitaab AlAzahi - sacrifices - "vol.II, 443460"; sayd "hunting" and Tazkiyah "vol.III, pp.740"; foods and beverages "vol.III, pp.4190"; drugs and remedies "vol.III, pp.91140"; slaves and bondswomen "vol.III, pp.165175"; neighbours "vol.IV, pp.4151"; sports "vol.IV, pp.53114"; selfdefence and propertydefence "vol.IV, pp.115142"; rights and duties "vol.IV, pp.143186"; duties of woman "vol.IV, pp.337351"; bidding to good and forbidding from evil "vol.IV, pp.353370"; crimes "vol.V"; marriage of nonMuslims "vol.VII, pp.3344".
If the laborious writer had only concentrated on issues specially related to woman, endeavouring to achieve three aims, the following deficiency would have been eliminated:
· Gathering scattered subjects on rights of women;
· A new investigation and researching on woman's rights;
· Manifesting viewpoints of the Islamic Fiqh in a way that the present questions be answerable.
2. Another point of weakness in this compilation being its containing quotations more than reasoning and analysis. Moreover, the opinions of all the schools have not been transmitted in it with the same level; for instance the Shi'ah opinions have been cited in very few occasions.
Besides, it has not included or reviewed the Fiqhi reasoning of all the opinions, e.g.; when it reports an opinion of the Shi'ah, this reporting does not include any Fiqhi reasoning on the part of Shi'ah Olamaa'. In this extant work it was proper for the author to identify a number of schools or Fuqaha, reporting their views similarly, turning then to manifesting the reasoning "istidlaal" of all of them, choosing finally obstinacy, with analysis and decomposition.
3. In setting forth of the Shi'i viewpoints, some kind of shortcoming is clearly witnessed, despite the fact that the
( 133 )
Shi'ah Fiqh being so rich, with Shi'i Olamaa' producing and compiling numerous Fiqhi books, and the author having lived in one of great Shi'ah scholarly centres, i.e. Iraq. As an example, I indicate here this shortcoming in four respects:
· The number of Shi'ah opinions set forth, being very little, especially those regarding cases about which the Shi'ah hold contrary opinions, and being known to them; such as: fasting of day of Ashooraa "10th of the month of Muharram" "vol.II, p.126", fasting of day of Nawrooz "vol.II, p.140"... etc.
· Some of the Shi'ah Fiqhi opinions have been mistakenly reported; such as: gazing of a man to a foreign woman "vol.III, p.202", looking at a photo of an unconsanguine woman "vol.III, p.226", mut'ah "temporary marriage" with fullgrown mature girls "vol.III, p.176". The author has referred to and consulted a few books, like:
· AlNihaayah of AshShaykh AtToosi; Sharayi' AlIslam and AlMukhtasar AnNafi' of Al'Allamah AlHilli; ArRawza AlBahiyyah of AshShaheed AthThani; AlFusul AshShar'iyyah of Mohammed Jawad Maghniyyah. Nevertheless, other precious books, like Jawahir AlKalam were available.
Some of the criticisms levelled at the Shi'ah, being so weak and poor, like: 1. In vol.I, p.155, in respect of prohibition of recital of surahs of Aza'im "Alif, Lam, Mim Ha Mim Sajdah, AnNajm, and Al'Alaq" it is stated: "They have not manifested the reason of excepting the Surahs." is it meant the rational reason, while in devotional matters no place is there for rational proof, or meant the devotional reason when the Shi'ah resorted to AhlalBayt's narration for reasoning. In this regard the readers are asked to refer to: Jawaahir AlKalaam, vol.III, pp.4445; Mustamsak AlUrwah AlWuthqaa, vol.III, pp.5052.
2. In discussion of question of Mut'ah "temporary
( 134 )
marriage" many spiteful and frail answers ascribed to the Shi'ah have been given as: "They hold that Mut'ah causes the woman to be a means for sensuality of the man "vol.VI, pp.179181", though the author in justifying polygamy "vol.VI, p.290" and nushuz "disobedience of a wife towards her husband" "vol.VI, pp.163164", and also in argument of subject of medical treatment, when they claim that the man's growing fat being abominable, but the woman is allowed to grow fat since her husband likes this "vol.III, pp.100101", has plunged himself in this abyss.
4. We face sometimes weak deductions and analyses that are below the dignity of the author and his work; like:
· In explaining the reason of the zakat's being unobligatory on ornaments of women, it is stated thus: "in order that they can make use of them much as they can, so as to strengthen the connections between wife and husband." "vol.I, p.426".
· In analysing the prohibition of making use of powder and other face adornment means, he resorted to guile and ravishment "vol.III, p.364", saying: This adornment verily leads to cheating the man in time of asking for the hand of "a woman", despite the fact that the reason being more particular than claim, and if it be ravishment why making use of it for the husband is permissible!
5. Some of the viewpoints being classified as feeble, baseless and vulnerable to criticism. Herewith I refer to a few of them:
· He says, the origin "staying of the woman in the house" "vol.IV, p.31", taking this idea from the verse "And stay in your houses" "33:32". Although the command to stay in the house being opposite to Tabarruj "displaying the finery" with the meaning that Allah orders the women: stay in the house and do not pink up yourselves, and never be frivolous, but the verse didn't order the women to retirement at home. Here a distinction should be made
( 135 )
between the most important function of the woman, i.e. mothercraft, and the basis of staying at home. The Muslim woman is charged with various individual and social duties, the most important of which being looking after the children. This differs from the claim that the primary basis for the woman being staying at home, in the meaning that going out in emergent and special conditions is permissible.
· The author believes that the woman is not allowed to be a member of legislative councils "vol.IV, p.333", since if this be for obtaining daily bread, her husband or father is responsible for supporting the family; or if it be taken as a social function then housekeeping is verily superior to it, moreover it would lead to intercourse between women and men. And as is evident these inferences are nothing but vain and frail approvals.
· The author opposes the judicial divorce, saying that faith should be established inside the society "vol.VII, p.357". Despite the fact that such recommendation may be capable of application, in an ideal society, but in communities where sensualities and selfishnesses of men be boundless and out of measure, this is not true!
· He considers the birthday festival to be a heresy "bid'ah" "vol.IX, pp.310311".
· He opposes letting the fingernails to grow long on part of the women "vol.I, p.56", without producing any proof for it, though AlImaam AsSaadiq reporting a hadeeth from the Prophet"S" recommending that it is preferable for women to let their fingernails to grow a bit long, regarding this to be something nicer for them.222
6. Concerning the woman, there are some debates regarding which no suspicions or questions were raised in the past, but nowadays they confront serious questions, though
____________
222. Wasa'il As-Shi'ah, vol. I, p. 435, Baab 435, Ha, I.
( 136 )
they were not set forth for discussion in the past but in present societies they turned to be object of suffering. Giving a finish to them and finding a proper solution for them have an effective role in manifesting the standpoint of Islam.
The compiler has passed by these issues with simplicity or even he has never referred to them at all. Nevertheless in some occasions, he turns to recital of wisdom behind rules and lateral questions, like argument about how to solve the problem of marriage of the youths "vol.VI, pp.3536". Hereunder I state some of the mentioned issues:
Recommended fasting by the woman without taking permission from her husband "vol.II, p.131", the woman's travelling alone "vol.II, p.176", stipulation of masculinity for state president "vol.IV, pp.314315", bloodmoney of women "vol.V, p.357", Beating the women "vol.VII, p.370". Some of the issues to which he never referred are as follows: expenses of woman's acquiring knowledge and medical care in the interim of debate of alimony "vol.VII", issue of family guardianship "vol.VII", woman's going out from the house on supposition of husband's being on travel or during his absence "vol.VII", disobedience of men "vol.VII", question of women's employment, and women's "physical" exercise,... etc.
7. One of weak points of such a Fiqhi compilation being its devoidness of assessments of rijaal "transmitters" in respect of traditions and narrations stated in it. Throughout this detailed book only in two brief occasions a reference is made to chain of transmission, i.e. Sanad "vol.V, p.130; vol.VII, p.372".
With due attention to the fact that forged traditions are found in large number in narrative compilations, and it is not possible to rely on every narration or report whatsoever, until some Sunni Olamaa' have written more than ten books on fabricated traditions; Hence, it would have been proper to embark on criticising and studying the chains "asnad" of traditions.
( 137 )
8. Another point of weakness of this work being its ignorance of Fiqhi books and journals, which are brought out in recent centuries, containing criticism of numerous subjects "of discourse" on women, and introducing novel viewpoints. The compiler ought to pay attention to this fact and if he hadn't approved of these opinions, he would rather at least proceed on criticising them. For instance the journal of Risalat AlIslam contains several articles on woman's affairs, in which some viewpoints that worth deliberation are presented; like: membership of woman in Consultative Assembly, 223 polygamy, 224 and other views.
In some of these subjects, there are valuable unique writings that deserved to be considered with attention by the author; since these books and magazines were written in the style of modern debates. 225
9. It was proper to initiate this compilation with two different preliminary subjects of discourse: One being producing a considerable general portrait of woman's character in Islamic perspective, under the auspices of which a criticism was made to doubts presenting a reversed portrait of woman. The necessity of this discussion lies in the fact that the Fuqaha were unknowingly affected by such mentalities, interfering in Fiqhi and legal arguments. As a sample, AshShafi'i holds that it is better that the man recites Salaat almayyit "dead prayers" on the woman, since he is closer to God than her and his prayer will be verily sooner granted, 226 etc.
And the other argument is concerned with the method of
____________
223. Journal of Risalat Al-Islam, 4th year, issue no 3.
224. ibid.,
225. As an example we can refer to these books: Ahkam Al-Awrah Fi Fiqh Al-Islami, two volumes; Al-Libaas Waz-Zeenah Fi As-Shari'ah Al-Islamiyyah; Tahreer Al-Mar'ah Fi Asr Ar-Risaalah, by Abd Al-Haleem Abu Shaqqah.
226. Tadhkirat Al-Fuqaha', vol. I, p. 47.
( 138 )
researching about subjects related to women, and the necessity of presenting such issues lies in the fact that they represent the key of investigating and studying the narrations and verses related to the subject.
10. Such a collection needs numerous technical indices, like: index of verses, index of traditions and one for biographical names especially table of contents.
The table of contents that was introduced by Ostaz Wahbah Zuhaili in his book AlFiqh AlIslami Wa Adillatuh, being truly an aid and wide way for investigators and researchers. The necessity of this index lies in the fact that on the first hand, an index of subjects is presented in an alphabetic form of which the consulter can benefit, and on the other hand in it one issue was discussed in several places, making it accessible for all.
