The Participation of Women in Society and its Impact in the Islamic Scriptures and Juristic Ijtihad

It is apparent from the Islamic scriptures that the Sharīʿa honored women, and at the time of revelation, women actively participated in society. However, the social status of women changed after that period, as many juristic rulings and opinions emerged, expressing restrictions regarding women’s roles and activity in society. It appears that jurists were affected by the prevalent culture and circumstances, which manifested in the constricting manner in which they approached women’s issues. This study aimed to elucidate the rulings related to women’s participation in society outside of her home by demonstrating the textual and juristic discourse on the topic in order to ascertain any discrepancies between them. Additionally, it aimed to analyze the compatibility of the jurists’ ijtihād in contemporary society in light of the higher objectives of the Sharīʿa and by comparing these rulings to the state of affairs at the time of the Prophet. Accordingly, the legal rulings of both classical and contemporary jurists from different schools of thought were collected and analyzed to understand where they differed from the textual evidence. The rulings were also examined based on the outcome of their application and weighing the benefits and harms to determine their suitability in today’s society. This study found that women’s roles vary based on their circumstances and obligations and therefore should be determined according to the social and individual benefits and harms attained. It demonstrated the instances that women actively participated in the Prophetic society outside of their homes and explained the juristic rulings and differences pertaining to seeking permission for leaving the house.