The Role of Women in Islamic Jurisprudence: Challenges and Solutions

A scientific roundtable discussion focusing on “Women’s Participation in Ijtihad” was held in the office of Hujjat al-Islam wal al-Muslimin Mojtaba Elahi Khorasani, a distinguished professor of Islamic studies and instructor of Advanced Level Studies of Mashhad Seminary. The event was organized by a group of professors and administrators from women’s Islamic seminaries in Mashhad.

During this scholarly gathering, Hujjat al-Islam wal al-Muslimin Elahi Khorasani addressed various questions concerning the need for qualified Islamic scholars in our time, the reasons behind the low number of female mujtahids (those who can independently interpret Islamic law) in Islamic seminaries, the obstacles hindering the acceptance and development of women mujtahids, and the available solutions to pave the way for women’s active engagement in ijtihad.

Part One: Obstacles to Women’s Participation in Ijtihad

At the beginning of the session, Hujjat al-Islam wal al-Muslimin Elahi Khorasani, referring to the history of this discussion in Mashhad’s Islamic scholarly community, divided the challenges facing women’s involvement in ijtihad into two main categories: Attitudinal Obstacles and Methodological Obstacles.

1. Attitudinal Obstacles

• Lack of Historical Precedent: One of the significant obstacles in this area is the scarcity of well-known female mujtahids throughout Islamic history. To overcome this, a comprehensive project should be undertaken to introduce prominent women mujtahids. This would include compiling their biographies and highlighting their achievements and successes.
• The Perception of Limited Usefulness: The perception that women’s engagement in ijtihad has little practical value is prevalent not only among some men but also among some women themselves. To counter this viewpoint, the functions of ijtihad and its impact on various aspects of life must be clarified. Writing articles and essays and organizing conferences on this topic can be beneficial.
• The Perceived Difficulty: Sometimes, it is assumed that reaching the level of ijtihad is extremely difficult, even impossible. However, with perseverance, dedication, and following the correct path, it is not unattainable. Providing successful examples of mujtahids in the last hundred years can change this perception.
• Cultural Challenges: Among other existing obstacles, we can point to cultural problems and the lack of receptivity in both academic and public spheres towards women’s ijtihad. To address this issue, trust must be built, connections with prominent professors should be established, and high-quality scholarly output should be produced to gradually transform this environment.

2. Methodological Obstacles

• The Methodology of Studying Ijtihad: The method of studying ijtihad and how to approach religious texts and scholarly resources can, in itself, be an obstacle on the path to ijtihad.
• The Role of Principles of Textual Understanding and Critique: How one approaches the principles of jurisprudence (fiqh) and the critique and analysis of religious texts is another obstacle in this path.
• The Absence of a Juristic and Argumentative Sensibility: The lack of a juristic and argumentative mindset among students is another significant impediment in this field.

Part Two: Solutions

In the continuation of his discourse, Hujjat al-Islam wal al-Muslimin Elahi Khorasani presented solutions to overcome the existing obstacles, the most important of which are as follows:

• Building Trust: Building trust in women mujtahids and their capabilities should start within the women’s Islamic seminaries themselves. By supporting them and providing opportunities for their growth, this trust can be strengthened.
• Connecting with Prominent Professors: Establishing connections with distinguished professors and utilizing their experience can play a vital role in the growth and progress of women on the path to ijtihad.
• Forming a Council of Jurisprudence: The formation of a council of jurisprudence consisting of women mujtahids and experts can help solve the legal issues and challenges facing society. At the same time, it can serve as a place for the development and training of future women mujtahids.
• Planning: Long-term and comprehensive planning for the training of female mujtahids is essential. This planning should be done considering the existing obstacles and challenges and with the goal of overcoming them.
• Paying Attention to Talent and Interest: In addition to talent, interest and motivation also play an important role in achieving ijtihad. By creating a suitable environment and providing necessary incentives, interest and motivation should be strengthened among students.
• Methodical Approach: Making the path of education and research methodical can help students achieve their goals.
• Attracting Capable Individuals: Identifying and attracting capable and talented individuals and assigning them appropriate responsibilities can help in the development and training of female mujtahids.
• Open Advanced Courses: Holding open and non-degree granting advanced courses can provide an opportunity for students to study and research without the concern of obtaining a degree.
• Groups of Legal Assistants: Forming groups of legal assistants specializing in women’s and family issues can help address specific legal issues in this domain.

Part Three: Conclusion and Suggestions

In this scientific meeting, Hujjat al-Islam wal al-Muslimin Elahi Khorasani extensively discussed the obstacles to women’s ijtihad and offered solutions to overcome them. Referring to the existing talent and interest among women, he expressed hope that by removing the existing barriers, we will witness the training of female mujtahids at a high academic level. In conclusion, suggestions were made for following up and implementing the proposed solutions, including the formation of a committee to review and implement the solutions, the development of a comprehensive plan for training female mujtahids, supporting scientific research in this area, and creating the necessary mechanisms for building trust and supporting women mujtahids.

It is hoped that by implementing these suggestions, we will witness the growth and flourishing of women’s ijtihad in Islamic seminaries.