Shi≠ism and women
Generally speaking, due to the pivotal roles played
by women such as Fà†ima, the daughter of the
Prophet, and Zaynab, his granddaughter, women
have received better treatment in Shì≠ì™adìth and
legal literature than in Sunnìtradition. There are
fewer traditions in Shì≠ì ™adìth manuals that
demean women. Both Fà†ima and Zaynab are por-
trayed as role models and revered in Shì≠ìcircles
because they resisted injustice and oppression.
After the establishment of Shi≠ism in Iran in the
sixteenth century, women received higher religious
education and were even certified to exercise
ijtihàd, although until recently most Shì≠ìjurists
have barred women from occupying the position of
judge. In places such as Iran and Iraq women reli-
gious leaders have held a position closer to that of
male religious leaders than in most Sunnìcountries.
In recent times, special religious seminaries have
been established and female religious scholars pre-
side over women’s religious ceremonies.
Rulings on women in Shì≠ìlegal manuals are also
influenced by what Shì≠ìs deem to be anti-female
innovations introduced by ≠Umar b. al-Kha††àb. As
this entry shows, to refute the legal points intro-
duced by the second caliph, Shì≠ìlaw is opposed to
some Sunnìrulings on certain female issues.
As with the Sunnìexperience, women’s issues in
Shì≠ìjurisprudence were explored, interpreted, and
articulated by male jurists. There is a paucity of
female representation in both Sunnìand Shì≠ìlegal
manuals. Women were represented by men who
often reflected the male-dominated milieu of eighth-
century Arabia when many of the rulings on women
were formulated by the imams of the schools.
Although Shì≠ìlaw has its own distinctive char-
acter on some points of law, there are many in-
stances where it agrees with one or more of the
Sunnìschools. For the sake of brevity, the entry
focuses on the following women’s issues that are
discussed in Shì≠ìlegal manuals: marriage, divorce,
and the rights of inheritance.
Marital laws in Shi≠ism
Most Shì≠ìscholars agree that a woman who is
sane, mature, and can handle her affairs is permit-
ted to contract her own marriage without the con-
sent of a guardian whether she is a virgin or not.
This is based on the rational consideration that a
human being has the liberty to choose his or her
own partner. In this the Shì≠ìs tend to agree with the
£anafìs who adopted the same ruling on the issue.
The Shì≠ìs also state that at the time of marriage,
compatibility is required in religious matters only.
Reflecting the Medinese origins of the school where
overview 447class differences and social inequities were largely
absent, the Shì≠ìs did not consider social status, lin-
eage, or the occupation of the husband to be impor-
tant factors in choosing a spouse. The Màlikìs, who
emerged from the same Medinese environment,
held a similar view.
In addition, Shì≠ìlaw also empowers the woman
by allowing her to stipulate conditions in a mar-
riage contract that will grant her the right to initi-
ate divorce proceedings should her husband violate
the terms of the agreement. She can stipulate, for
example, that if her husband abuses her, she has the
right to dissolve the marriage. In this way, she can
circumvent the judicial process and the cumber-
some khul≠†alàq (divorce) and can instead recite
her own †alàq. The Shì≠ìs predicate this ruling on
the principle of maßla™a, that is, invoking a law
that is conducive to the welfare of the parties con-
cerned.
A distinctive Shì≠ìfeature concerning marriage is
the institution of mut≠a, or temporary marriage,
which was practiced in the early Muslim commu-
nity. The Qur±ànic verse: “Those from whom you
seek pleasure give them their prescribed dowries”
(4:24) is seen as validating this practice. Traditions
cited in Muslim’s Ía™ì™indicate that the practice
was allowed by Mu™ammad but later prohibited by
≠Umar. Its acceptance in Shì≠ìlaw is premised on
numerous statements from the imams denouncing
≠Umar’s proscription of a practice that had been
approved by the Prophet. A prominent feature of
Shì≠ìjurisprudence is its rejection of laws that were
introduced by the caliphs, since they are seen as vio-
lating Prophetic practices.
Mut≠a differs from permanent marriage in that
the duration of the marriage has to be stipulated
when it is solemnized. This period can range from
a few minutes to many years but it should not
exceed the life span of an average person. In addi-
tion, like a permanent marriage, mut≠a allows for a
mahr(bridal gift) payable to the woman. However,
there is no divorce to be recited when the agreed
period expires. The marriage can be renewed or the
woman begins a waiting period (≠idda). The waiting
period in a mut≠a marriage is different from a per-
manent marriage in that the woman can remarry
after observing two (instead of three) menstrual
periods.
The institution of mut≠ais not favorable to a
woman, especially as she is not entitled to any right
of maintenance and does not inherit from her
husband. The contract may be terminated prema-
turely either by mutual agreement or by one party
unilaterally. The husband is responsible to main-
tain any children born from a temporary marriage.