payam zan

Womens Message

A Special Feature on `Women in the Islamic Republic of Iran
Vol. 13, No.155, February 2004
IN THIS ISSUE: General Issues, Islamic jurisprudence, Law
Proprietor: Islamic propagation Office of the Qum Seminary
Chief Director: Muhammad Ja`far Gilani
Editor-in-chief: Seyyed Zia Murtazawi
Centra Office: P.O.Box 37185-165, Qom, Iran
Tel-Fax: (0251) 7733305

Abstracts

Trans: Ahmad Reza Jalili and Seyyed Abbas Huseini

Editorial

Women in the Islamic Republic of Iran in Retrospect

The status of the grand leader of the Islamic Revolution, Imam Khomeini, and his role in the Revolution as well as the first generation revolutionary Iranians view of Imam khomeini as the truly great man throughout history have been the topic of discussion in various circles up to the present time.
Making references to the status of Imam Khomeini and what he did to revitalize Muslim women, the first part of the article speaks of the first generation revolutionary Iranian people and their victory over the ex-regime as a generation who not only cherish hopes for their successful life in the future but also worry about the good opportunities they might lose at present.
The article concludes with a five-point account of what the underlying motives were for publishing a special feature on `Women in the Islamic Republic of Iran which will appear in four voluminous issues of `Womens Message quarterly.

Women, Islamic Personality and Achievements in an Interview with Ayatollâh Hâshemi Rafsanjâni, the President of the Expidiency Council

Ayatollâh Hâshemi Rafsanjâni is the best-known figure of all that there is no need to introduce his personality and his role in the Islamic Revolution.
Shedding light on the various approaches to the Islamic and human status of women, the interview focuses on the equality between women and men in their human identity from the Quranic point of view. Womens status and their participution in social activities in the Islamic Republic of Iran and the theoretical challenges followed by a brief account of the achievements have also been taken into consideration.
A reference has also been made to the role Ayatollâh Hâshemi has played in giving higher status to women.

Women in the Islamic Republic of Iran, Imam Khomeinis View of Women; a New Perspective

Hussein Sheidaian

Imam Khomeini, the principal architect of the Islamic Republic of Iran has offered a view of women which not only bring honor, dignity, value and identity back to modern women, but also marks the beginning of a radical change in views of Muslim thinkers and scholars towards women which extends to all functional and epistemological domains.
In Imam Khomeinis view, ``the well-being (goodness) or corruption of society rests upon the well-being or corruption of women.
Therefore, handling womens affairs is considered to be the most significant ground for human growth. Regarding Imam Khomeinis remarkable views on Muslim women and changes in their social status, the study of Muslim womens role, social status and functions in the Islamic Republic of Iran is considered essential.
Included in this article are Imam Khomeinis views on the equality of rights between men and women, womens sense of responsibility and their educational, political and social activities as well as their substantial contribution to the Islamic Revolution and government by taking steps to safeguard it against threats.

Women, Family and Society in the View of the Supreme Leader

Gulam Rida Guli Zwara

In the view of the Supreme Leader, womens position throughout history, except for specific instances, has been below womens real position and women have suffered from unfairness in two ways: first, exercising physical strength by men and secondly having an unfair attitude towards women by considering woman as an object of mans joy.
Unfortunately, today this notion is becoming a worldwide view. Islam does not distinguish between man and woman in that they are human beings and have the right to acquire knowledge and take part in educational activities.
On the other hand Islam sees that due to the different responsibilities each of them has, mans legal and social position is different from that of woman.
The Supreme Leader, Ayatollah Khamanؤi expounds on a number of topics like the status of woman in the Islamic value system, self confidence and regaining identity, women and the models of womens role in family, women and their participation in social activities and women and the Revolution.

The Image of Educated Iranian Woman Throughout the History
in an Interview with Dr. Zahrâ Rahnaward

Esmat Giviân

Dr. Zahrâ Rahnaward is a well-known active woman in the realms of culture, art and education. She has begun her scientific, cultural and artistic activities since she entered the university, along with her political campaigns against the ex-Pahlavi regime, and has been the president of one of the only state universities devoted to the female (girl) students, i.e., Al-Zahrâ University, for many years.
Dr. Rahnawards awareness of womens social, cultural artistic and historical affairs as well as her active participation in this area, especially her role in girls education after the victory of the Islamic Revolution has paved the way for a better appreciation of Iranian women, approaches to women after the Islamic Revolution, especially the great role Imam Khomeini, the late Grand Leader, played in this regard. This is why we did not restrict ourselves with the discussion on higher education and brought in some other issues on womem.

Transition from Challenges (Past Experience and Future Perspectives (Prospects) in An Interview with Dr. Ma`sumeh Ibtikâr)

Faribâ Ibtihâj

Protecting the environment is not a feminine subject, but, according to Dr. Ma`sumeh Ibtikâr who is the deputy of the President as well as the head of `Environmental Protection and Natural Resources Agency, the issue in question is much nearer to the faminine feelings and a sense of motherhood. This subject, in its general aspects, fits in with feminine dispositions, views and responsibilities on the one hand, and represents the role women can play in the successful execution of plans in particular cases on the other. Dr. Ibtikâr, who was one of the university student followers of Imam Khomeinis line and who occupied the US Embassy (known as `Spies Nest) has been making researches into womens problems.
She is also deeply impressed by Imam Khomeinis personality and his remarkable views. Theoretical changes and Imam Khomeinis role, womens achievements, intellectual views on women, womens participation in managerial jobs, pathology of womens demands and the issue of non-state (governmental) establishments are the major concerns in this interview.

How to Know Doubts about Womens Problems

Seyyed Ziâ Murtazavi

The Islamic Revolution and Imam Khomeinis intriguing thoughts have opened up excellent opportunities to expand and deepen Islamic sciences and thought. The numerous works in various scientific and cultural fields and the emergence of new divergent views are the case in point.
It is natural that this tremendous growth suffers from differing views, claims, and questions which are not consistent with religious doctrines and beliefs in the Islamic community. One of the areas of controversy, especially in recent years, was the issue of women and family which has faced challenges.
What has been the focus of attention of many of those who show great concern in matters of women in current religious literature can be interpreted as challenges. But, what are these doubts and misgivings, and what criteria can be applied in knowing the doubts? What is the sharp line between questions, doubts and scientific views? Can any disagreements or questions be interpreted as `casting doubts? Can we say that the issues of women and family which have been raised in the press in recent decades are all in accordance with certain essential religious laws?
These are the questions with which this article has dealt in detail. The article has been organized in three parts. First, as an introduction to the way in which doubts and misgivings and their pathology can be recognized, ten points are mentioned. Then, among the wide range of questions, doubts and views as to the issue of women and family raised in the Iranian press over the last five years, the article is concerned with 120 cases in seven areas. Then, the authorities and experts make some critical and scientific remarks on the issues and the article concludes with the writers final analysis and criticisms of the views on the issue of women and family.

The Position of `Justice in Making Inferences about Jurisprudential-legal Questions about Women

Muhammad Sorush

"Justice" has been one of the long-standing concerns of human beings. To administer justice has always been the chief concern of reformists who have launched campaigns against those who wished to obstruct it. Moreover, lawmakers have sought to explore the truth of justice and offer criteria of justice to people. Nevertheless, `justice has occupied its rightful position in Islamic jurisprudence (fiqh) and Muslim jurisprudents have made use of it in making legal inferences and judgements.
The writer in this article seeks to bring into light some obscure and vague aspects of the subject in question and make some critical remarks on various doubts and misgivings about it in order to gain access to an appropriate framework for the idea of `justice which is consistent to the jurisprudential thought in Shi`ism and prevent independent judgement or ijtihؤd from the same harms which have come to the Sunni jurisprudence in the process of justice-seeking.
The main question raised in this article is, `What role can justice play in making inferences about legal and juridical judgements? The various differing answers given for the above-mentioned question are also scrutinized by the writer in this article. The article begins with examining "the naturye of justice" and considers "equality" as the `baseline definition for justice, regardless of various views taken up by different scholars, and goes on to discuss what can be called just conduct (behavior) and in this way it considers the existence of the `Divine Law or Shari`ah as something necessary in discerning justice. In the next chapter, justice is spoken of as an Islamic jurisprudential rule to make clear its application in jurisprudential inferences and outcomes.
Since the introduction into the realm of justice and the process of making judgements of Divine Law (Shar`) can be established in relation to exemplifications or extensions of justice, the final sections are devoted to the examination of the question how the legal demarcation can be fit in with justice. In spite of the existence of legal judgement on this issue, does the human conception of justice have any validity?
The article concludes with the discussion on the points which are, in fact, the essential theme of the article, including the views that justice controls the performance of rights, that the subject-matter of justice paves the way for opening dialogues among legal schools of thought, and that Islam has offered a clear sense of justice and calls men to perform it.

Womens Large scale Participation in Excutive Responsibilities

kazim Qadi Zade

After the changes which the ideas of Imam Khomeini and the Islamic Revolution have produced and the influence of these ideas on various cultural aspects in the Iranian society, the active part played by women in political and social areas today is faced by no seriouse opposition. Now that twenty five years have elapsed after the Revolution womens large-scale participation in political and social activities, especially in the field of adminstration, still represents one of the major challenges.
The question whether or not to entrust responsibilities to women in the Islamic Republic of Iran on a large scale is one of the issues which today receives great attention. The present article, too, attempts to discuss this issue and shed light on its various aspects.
Basing his discussion on the Quran and the Prophets lifestyle, the author draws on the status of women in the Constitution of the Islamic Revolution of Iran. After investigating womens large-scale participation in excutive jobs in the light of Islamic jurispudence, the ideas of Muslim jurists are illustrated. The final part of the article discusses the condition of the rulers being a man, and enumerates the limitations which Islamic law has set concerning the role which women can play.

Womens Participation in Social Activities; `oughts and `ought nots

Seyyed Mahdi Musawi Kâshmari

The way in which women participate in social activities from the religious point of view has always been a matter of controversy in the Islamic Republic of Iran. The various differing views about the status of women and their social participation and their effects can be found in the assessment of the present condition and what the Islamic Republic has done to promote womens status over the last decades.
Though the writer in this article brings in certain claims that women ought not to undertake managerial jobs, he shows no opposition to womens participation in social activities if certain conditions can be met. The conditions can be saicl to focus on womens having healthy relationships in society. The writers views in general can attract the attentions of many readers, though in certain cases, they might not agree with the writer.
One of the major tasks of the present journal is to bring into light various views on women.

The Pathology of Jurisprudential Studies on Womens Problems

Mahdi Mehrizi

Though independent judgement (exertion) or ijtihâd as a method to fiqh as a branch of knowkdge and legal judgements and even to the Islamic sciences, its application in attaining judgements is so necessary and widespread that it has become a special term in certain domains like `creeds, judgements and morality (ethics). There is no doubt that independent judgement as a method of deducing judgements from certain sources, especially at the time of Occultation when it is difficult to gain direct access to Imams (Infallibles), is not only the best general and surest method but it is also inevitable. This method, though it seems to be sound, of scientific significance and legal authority and a good long-standing background, can not escape defects and shortcomings, especially in that it has a long history and a subject of wide scope which has been a matter of much controversy among scholars throughout the history. Certain parts of jurisprudence or fiqh suffers not only from general defects that include all its subjects but also from particular ones. The issue of woman is one of them. The pathology of the `independent judgement and the jurisprudential studies helps the researcher to make use of this fundamental method in a more convenient way.
Having a glance over pathology in jurisprudence and the definition given for fiqh, fifteen kinds of harms to studies on jurisprudence and independent judgement regarding womens affairs ِ nine general and six particular ِ are discerned and exemplified.

An Introduction to the Relations between Girls and Boys and the Tenets of Islamic Jurisprudence

Sayfulla Sarrami

The question of the relations between girls and boys and, generally speaking, the kind of relations between men and women in Islamic community - taking into consideration the Islamic identity of the Islamic Republic of Iran - has for the previous two decades aroused a great deal of debate.
Different views were put forth in this concern but no clear - cut decision has been reached about its boundaries, so far.
The main question raised in this concern is:
Principally, to what extent can Islamic government take an effective role in this question, what are the fiqhi tenets relating this issue and under what conditions can government play its role in this question?
To satisfy this argument, the author starts the discussion by explaining the different sides of this issue. Then, he refers to the principle of Islamic governments participation in this regard and to the geneal ideas of how the participation is to be which he maintains, can be inferred from the religious obligation of "enjoining good and forbidding evil".
Referring to the sources on Islamic jurisprudence, the author stresses on observing the conditions of this obligation among which are: excutors awareness, their capablity and influence, and refraining from distrust of others and from spying on them.

Abortion in the View of Ethics, Islamic Jurisprudence and Law

Seyyed Hasan Islami

The author views abortion from three sides. First, he examines the ethical view about this act and comments on it. There are four main ethical views in this respect and the author points out the basis of each one, assesses its efficiency and reaches the conclusion that none of these views can cover all the cases of abortion. The next part of the article deals with the perspective of Islamic jurisprudence and examines the views of both shiite and Sunni jurisprudent jurisprudent authorities on the basis of original sources. The third part of the article reviews the legal position of this question in the Islamic government of Iran. The author provides an account of the procedure of legislation of this issue from the period of the constitutional movement in Iran until A. H. (solar) 1382, points out the cases which have been permitted by the Medical Council of the Islamic Republic of Iran and refers to the shortcomings in the instructions of this organization including the ambigiuities and unsolved problems of the instructions. The article attempts not to deal with the questions already dealt with by others nor tackle general subjects. It tries to elaborate on the aforementioned three sides, making use of the most reliable sources.

Woman in the Constitution of the Islamic Republic of Iran

Hussayn Jawan ArAstah

The Constitution of the Islamic Republic of Iran is based on a religious system with a monotheistic worldview in which religion has a particular influence on all social and political aspects. In order to ensure human dignity and the right of attaining moral virtues and a lofty spiritual position, the principles of the constitution have emphasized the idea of equal rights for all people including men and women. Islamic jurisprudence does not deny the differences that exist between men and women and accordingly these differences are recognized in the civil and penal laws.
These differences were observed while the constitution was being written and the legislator, trying to remove the ambiguity about the idea of equality, added this item to the constitntion: "provided that Islamic precepts be observed." The author reviews the laws on women which are contained in the Constitution of the Islamic Republic of Iran in two sections. The first section focuses on social rights and the second on political rights. Then, he reaches the conclusion that the constitution, which has a fundamentalistic basis and is religiously oriented, shows special respect to womens rights whether concerning the political affairs or religious ideals, and rejects the instrumental view about women and men or the illogical assumption of equal rights for men and women. Consequently, it does not deny that there are differences between the opposite sex, considering each of them to form a constituent part.

The Image of Women and Family in the Detailed Discussions On the Constitution

Mahdi Purhusein

The image of women and family in the detailed discussions on the Constitution of the Islamic Republic of Iran is considered as important in that it marks the positions the elites as well as a great number of religious scholars and experts have taken about women from the early stages after the victory of the Islamic Revolution. Furthermore, these discussions should be taken as a very important document that determines the status of women in the Islamic Republic of Iran and as an examination of the governmental officials functions over the last 25 years.
In this article, women and family have been taken into consideration in view of epistemology, rights and obligations, and socio-political participation. It should be noted that, given the broad scope of the discussions and their possible repetitions, the discussions which represent the positions taken by the representatives of the population in general can be given in outline.

Women, the Twenty - Year Perspective, the Four _ plan Development and the Sixth Term of Majlis An Interview with Hojat al - Islam Wal - Muslim Majeed Ansari

Friba Ibtihaj

Majeed Ansari is a member of the Islamic Majlis (parliament). He was elected for the first, third, fifth and sixth terms of the Majlis. In Mihr A.H. (solar) 1383 he was appointed as a member of the Experts Assembly, a member of the Expeidency Council and the presidents assistant for legal affairs. The objective of the interview was to provide a clear idea about the process of legislation in the Islamic Republic during the last twenty five - years. The main questions which we discussed were: the way of conducting and approving the economic, social and cultural four - plan development according to the twenty - year perspective and the great number of laws passed by the Islamic Majlis with regard to the active role which women can play.

Women and the Islamic Consultative Assembly (A Report on the Bills and Drafts of Women and Family during the Last Six Rounds of the Islamic Consultative Assembly and the Guardian Council)

Ahmad HAidari

According to the Constitution of the Islamic Republic of Iran, the Islamic government has the duty of securing the multifarious rights of women within the framework of the Islamic law. In order to perform this duty, the Islamic Consultative Assembly has passed over 105 projects and bills in matters of women which have all been approved by the Guardian Council, too.
Included in the legislation and bills are such subjects as the marriage of immature girls, adult age, the right to get divorced, the right to the custody of children, family support, family court and other protection laws which have been carefully scrutinized in this article.

Equality between Men and Women in the View of Labour Act (an interview with lady Suhayla Jiludar-Zada)

Farib a Ibtehaj

Lady Suhayla Jiludar-Zada, an engineer with a long experience - over twenty years in the area of labour act, worked in exploring and investigating the economic and political problems of striking workers and made noticeable contribution to establish an assembly to support these workers financially. Her activities started in A.H. (solar) 1357.
She went on her cultural and political activities among the circles of workers and in factories. She was elected for the Islamic Consuitative Assembly and was a peoples representative in two terms. Also she was appointed as a consultant for womens affairs in the Ministry of Labour. Her efforts resulted in founding a centre for the society of working women.
In the interview, she pointed to womens conditions, the labour act of Iran and the passages in it which are in support of women, the difference between the current labour act and that of the pre-Revolution period or those of other countries. Finally, she gave her ideas which she inspired from her own long experience with the workers circles, and proposed a plan for the future concerning workers problems, the different working organizations, participation in international activities and helping women to find work.

Women and Legal Protections (The Study and Criticism of the Most Important Protection Laws for Women in the Family After the Victory of Islamic Revolution)

Muhammad Mahdi Meqdâdi

After the victory of the Islamic Revolution, the legislative power in the Islamic Republic has made remarkable effort to support women and ensure their rights in the family. The enormous legal revision of the Constitution in such matters as `dower, `family support, `custody of children, `divorce, and to ensure the financial rights in case the two marriage partners are forced to break up their relations are the good examples. Despite the fact that the parliamentary legislation has proved to be workable in many cases, it suffers from essential and structural defects and shortcomings which, at times, add to the problems.
This article seeks to make a careful analysis of the legislation and concludes with some criticul remarks on it.

Legal Difficulties and Cultural and Social Restrictions in the Way of Achieving Women,s Rights

Shida Shadloo

No doubt, great efforts were made during the last twenty five years to improve womens rights in the Islamic Republic of Iran and invaluable achievements were made in many different fields, but, along with the mentioned success, there were some obstacles on the way of the complete achievement of womens rights. This question can be examined from different sides.
Taking a quick glance at womens conditions in the different periods that followed the Islamic Revolution, the author expounds on the existing hinderences and discusses this issue on the basis of different sociological schools including structural functionalism, postconstructionalism and post modernism. Then, the article introduces what experts say about the different views relating the functional consequences of these structures.

The Convention of Rejecting All Kinds of Discrimination against Women; Disapproval, Silence, or Critical and Effective Annexation?

Ahmad Haydari

Although the sixth - term - Islamic Majlis has passed the bill of annexing the Islamic Republic of Iran to the convention of rejecting all kinds of discrimination against women, no final decision has been taken about this question so far due to the Guardianship Councils objection to it. Alongside the arguments about whether or not to annex Iran to this convention many useful issues were raised concerning womens affairs which were of special interest to scholars and experts, apart from what will become of the bill. In the previous issue of this journal an attempt was made to introduce a wealth of subject and so, both supporters view and opponents views were examined by the author without commenting on them or showing a specific reaction to any of them. Due to the great significance and special effect of this subject _ for such an issue can come up with some strange ideas about the condition of women in Iran _ we introduce to the readers one of the views connected to topic this topic.
Of course, this view may, as previously, be assessed or criticized by knowledgeable people.
The author points out the ways of dealing with this convention, puts forward and argues for his own idea which he terms "critical and effective annexation" and mentions and criticizes the views of both the supporters and opponents. It should be noted that, due to the length of the article and its details, nearly third part of the original article has been omitted in the discussion made by the article.

A Review of Womens Rights and their Presence in the Sixth Term of Islamic Consultative Assembly

Ashraf Girami Zadigan

The Islamic Consultative Assembly is considered one of the basic tenets in the Islamic Republic system and it plays a significant part in making decisions. According to the Constitution of the Islamic Republic of Iran, the Islamic Consultative Assembly has the right to make laws, supervise, examine and make inquiries into any of the cases and questions related to the country. Women, who comprises half the population, can play a very effective part through their presence in this important institution. Although womens number in the Islamic Consultative Assembly was not as large as it ought to be - only 48 in the sixth term of the Islamic Consultative Assembly - they proposed more than fifty bills and laws to the Assembly about womens affairs.
Concerning the women who were elected as representatives, their number was very small at the beginning - 4 women in each of the first three terms - but this number raised to 14 in the fifth term.

Childrens Rights and the Custody of Children

Fatimeh Seyf

Father and mother who both consider children as part of their own life and build their whole life around their children and feel deep sympathy for their beloved children more than the others, especially when they take the Islamic laws and precepts into serious consideration, the laws and precepts that determine how the parents treat their children and to establish relations it is natural that they can not be substituted by any other people or other institutions in society, and this shows the difference between the Islamic and the western approaches to childrens rights. Non the less, it should not be neglected that some parents, no matter the father or the mother, fails to perform their duties towards their children; hence laws are enforced to protect such children who are left unprotected, though such cases seem to be rare in an Islamic society that enjoys supreme (transcendental) culture and values.
On the other hand, given the role and motives parents have in protecting and bringing up children, what can be done in cases when contradiction of duties may occur? What the Islamic jurisprudence (fiqh) and laws can do is to determine a practical framework as a custody of children. This article seeks to cast light on both the custody of children and childrens rights.