چکیده:
Taqlīd from female mujtahids is increasingly attracting popular and academic attention. This article has a critical analytical study on the Islamic ruling concerning the permissibility of taqlīd from female mujtahids and the authenticity of their fatwās. Five arguments for the necessity of masculine gender in mujtahids are discussed and according to the lack of unquestionable religious consensus (‘ijma), the lack of correlation between fatwa and judgment, no priority over giving testimony and the verse of testimony not including this case, it is concluded that these are not sound.
خلاصه ماشینی:
By proving the non-existence of a devotional consensus (ijma' ta'abbudi), the lack of correlation between fatwa and judgment, the lack of priority relative to testimony, and the non-inclusion of the reasoning of the noble verse regarding women's testimony, it is ultimately ruled that they lack completeness; the examination of two other reasons is deferred to the second article.
By proving the non-existence of a devotional consensus, the lack of correlation between fatwa and judgment, the lack of priority relative to testimony, and the non-inclusion of the reasoning of the noble verse regarding women's testimony, it is ultimately ruled that they lack completeness; the examination of two other reasons is deferred to the second article.
3. The View of Jurists The necessity of a mujtahid being male, for whom imitation (taqlid) is permissible, is well-known among jurists, especially the later and contemporary ones; indeed, some have considered it an axiom and have interpreted the absence of mentioning this condition in the words of some jurists as a clear indication of the absence of its necessity.
The words of those who, while stating the conditions for the validity of a fatwa, refrained from mentioning this condition despite mentioning other conditions (for example, see: Qawa'id al-Ahkam, vol.
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