Anthropological Foundations in Delineating the Legal Status of Muslim Women

(Focusing on Imamiyyah Jurisprudence)

Abstract

Delineating an appropriate legal status for women, like any other fundamental and essential discourse, hinges upon redefining anthropological foundations in this domain. The existence of two extremes—a traditionalist view that regards women as the "second sex" and a radical feminist perspective that even disregards women's natural roles, such as motherhood—underscores the necessity of further work in this field. The objective of this study is to provide an updated interpretation of women's rights within the framework of religious teachings. The core question this paper seeks to answer is: Can anthropological foundations sufficiently influence and directly shape the legal status of women? To address this question, the research employs a library-based methodology, utilizing written sources such as articles and visual materials like panel discussions. The study concludes that anthropological foundations, categorized into general and specific types, play a substantial and direct role in shaping the legal status of women. Ultimately, these foundations lead to the articulation of a "third model" for women, which is neither defined by the traditional nor the feminist paradigms, thereby offering a distinct and unique legal status for women.