خلاصة:
The historical critique and analysis of each of the thousands of jurisprudential subjects that have attracted the attention of scholars in this field is of great importance and clarifies the role and position of each prominent and expert Imami jurist in the development of the relevant foundational discussions; thus, it also paves the way for presenting new topics in legal fields appropriate to our time. Among these subjects, those that are controversial possess even greater importance. Therefore, here we have examined one of these subjects, namely 'the exile of a woman as a punishment for adultery,' regarding which there are two famous views (the view of opponents of women's exile) and a non-famous view (the view of proponents of women's exile). In this article, the historical evolution of Imami Shia jurisprudence regarding this subject, alongside the analysis of the evidence of both parties and the scope of the expansion of the foundations and evidence presented by opponents and proponents—especially with an approach to the innovative views and foundations of Fayz in this regard—has been our focus, because Fayz holds a special position in critiquing famous and even consensus-based views.
ملخص الجهاز:
2- Proponents of the famous view (non-exile of women) and a general review of their evidence As we will see, jurists such as Sheikh Mufid, Abu Salah Halabi, Salar Dilmi, Sheikh Tusi, Ibn Barraj al-Trabulsi, Ibn Hamza al-Tusi, Ibn Zuhra al-Halabi, Muhaqqiq al-Hilli, Fadil Aби, Allamah al-Hilli, Shahid al-Awwal, Miqdad al-Yuri, Ibn Fahd al-Hilli, Sumayri al-Bahraini, Shahid al-Thani in one of his two opinions in the commentary of "Lum'ah", Muhaqqiq Ardabili (with a tendency toward the other view), Sheikh Baha'i, Allamah Majlisi, Fadil Hindi, Sayyid Ali Tabataba'i, Najafi Isfahani, Mughniyeh, Golpaygani, Ruhani, Makarem Shirazi, and Subhani have generally, in discussions related to the types of Hadd al-Zina, risen in opposition to the exile of women, just as this opposition has also been quoted from Yahya bin Said al-Hilli in "Idah," Shahid al-Awwal in "Ghayat al-Murad," Tabarsi in "Mu'talif," Majlisi al-Awwal in "Fiqh," Maqquani in "Manahij," Ayatollah Tabasi in his "Mawsu'ah Fiqhiyyah," and Musawi Sabzawari in "Muhadhdhab al-Ahkam.
D - "Asl al-Bara'ah" (the principle of non-liability) regarding a woman's exemption from punishments exceeding lashes in general, and "exile" in particular, which was first proposed by Sheikh Tusi in "Khilaf," and after him, individuals such as Allamah al-Hilli in "Mukhtalif," Ibn Fahd, Shahid al-Thani in "Rawdah," Muqaddas Ardabili, Sayyid Ali Tabataba'i, and Najafi Isfahani have relied upon it; however, Golpaygani, despite his tendency toward the famous view, does not accept reasoning based on it, because in the presence of [textual] evidence, there is no need to resort to the "Asl" (principle).
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