The Function of the Sunnīs’ Farewell Circumambulation for the Lawfulness of Women from the Shī‘ī Jurisprudence Perspective
Journal Title: فقه و اصول - Year 2015, Vol 47, Issue 100
Abstract
Among the most important differences between the Sunnīs and Shī‘as is the legal obligation of the circumambulation called ṭawāf al-nisā’ in the end of the Ḥajj pilgrimage and the consequences of its non-performance. Contrary to the Shī‘as, the Sunnīs’ jurisprudence the have opined the necessity of another circumambulation called ṭawāf al-widā‘ (farewell circumambulation) by putting aside ṭawāf al-nisā’. The present writing discusses the role of ṭawāf ql-widā‘ in the lawfulness of (intimacy with) women as a substitute to ṭawāf al-nisā’ from the viewpoint of Imāmī jurisprudence. Searching into the legal sources and enumeration of some instances of the sunna and some other legal rules and evidences that are able to prove the sameness of these two circumstances and/or at least the sufficiency of the Sunnīs’ practice has been dealt with mostly in this research. The reliable ḥadīth of Isḥāq b. ‘Ammār, sīra of the religionists, the non- mpressionability of the soundness and the successive order of the effects of ṭawāf al-nisā from its name and title, and the principle of obligation (ilzām) are among the instances the writer has dealt with.
Authors and Affiliations
Mahdi Mehrizi, Sayyid HamedHusayn Hashemi
Keywords
Related Articles
- EP ID EP190095
- DOI 10.22067/fiqh.v47i20.24779
- Views 101
- Downloads 0
Study of the Precondition for the Contemporaneity of the Attitude of the Intellectual with the Era of the Infallibles (Study of the Ways to Generalize the Authenticity of the Attitude of the Intellectual to the Newly-Appeared Attitudes)
The famous theory concerning the meaning and interpretation of text is called "intentionalism" which says: “The meaning or interpretation of a work is related to the intention of the creator of the work or is delimited a...
An Exploration into the Criterion for Dividing the Jurists into Akhbārī and Uṣūlī
Dividing the jurists into akhbārī (traditionist) and uṣūlī (legal theorist) is the most important division that dichotomizes the Imāmī jurists into two groups. In jurisprudential and legal (uṣūlī) books, there are many i...
Theory of Social Understanding of Statutes; Principles, Application
The theory of Muḥammad Jawād Mughniya entitled “social understanding of statutes”, is the evolved mechanism for the refinement of the basis of a ruling (tanqīḥ-i manāṭ) in legal reasoning (ijtihād) process, which has bee...
Examining the Principles of Legitimacy of the Nullifying Condition in Shī‘a Jurisprudence
A little deliberation on the contents of the contracts concluded between the real and legal persons reveals that nowadays the nullifying condition is gradually being included as one of the conditions of contracts. The le...
Party and Partisanship in Islamic Thought
Party and partisanship, in modern meaning, are new phenomena and, from the jurisprudence point of view, newly-emerged issues in Shī‘a community and culture. In religious thought, there are ambiguities, uncertainties and...