نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The present study aims to examine the capacities of Shiʿi political jurisprudence in explaining the possibility of women assuming positions of wilāyah and political authority, including the offices of Supreme Leadership, the Presidency, and ministerial positions. The article primarily focuses on analyzing the jurisprudential views of Āyat Allāh Nāʾīnī and evaluating the potential of his theoretical framework, particularly his analogy of government to a waqf (endowment), for rethinking the issue of women’s political wilāyah and their political rights within Shiʿi jurisprudence. The central research question is whether the possibility of women's political wilāyah can be inferred on the basis of the principles of Shiʿi political jurisprudence, especially the jurisprudential thought of Āyat Allāh Nāʾīnī. This study employs an analytical-comparative method. It first examines the issue of women serving as judges as one of the principal theoretical foundations of the discussion of political wilāyah. It then analyzes the most important intellectual and jurisprudential foundations of Āyat Allāh Nāʾīnī, including the theory of constitutional government, the principle of barāʾah (presumption of freedom from obligation) or ibāḥah (permissibility), and the analogy of government to a waqf, while assessing their capacity to explain the possibility of women holding political office. The findings indicate that, in Nāʾīnī’s thought, the qualifications of the supervisor (nāẓir) of a waqf and those of the Islamic ruler are founded upon such characteristics as trustworthiness, competence, and merit, whereas gender is not regarded as an independent qualification for holding these positions. Furthermore, in light of the absence of explicit sharʿī evidence prohibiting women from holding positions equivalent to judicial office and the lack of any prohibition against their supervision of endowments, it is possible to identify significant capacities within Shiʿi political jurisprudence for reinterpreting women’s political rights. Nāʾīnī’s theory, particularly his analogy of government to a charitable endowment and his emphasis on competence and trustworthiness rather than gender, provides substantial jurisprudential grounds for inferring the possibility of women’s participation in political and wilāyah-based positions. Moreover, his acceptance of the principle of barāʾah or ibāḥah strengthens the possibility of expanding women’s political rights in accordance with the requirements of changing times. Accordingly, Nāʾīnī’s jurisprudential views may be regarded as one of the significant capacities of Shiʿi political jurisprudence for rethinking the issue of women’s political wilāyah and for advancing jurisprudential studies in the field of women’s political rights.
کلیدواژهها English
