time and location in islamic jurisprudence: legislation changes in women's rights

نویسندگان

یوسف درویشی هویدا?

دانشجوی دوره دکتری حقوق خصوصی دانشکده حقوق و علوم سیاسی دانشگاه تهران

چکیده

this article discusses the role of time and location in jurisprudence, its’ impacts on the changes of jurisprudent’s opinions and it’s relation with women’s rights. time and location are two important factors in these processes. that is changes in the society causes changes in decrees, in judgments and as the result evaluation in the people’s understanding of religion. provision of women’s rights with reforms or enactment of new laws is an old debate. in iran like some other islamic countries the issue of the adaptation of religious rules time, location, needs and necessities have been a major issue for discussion. based on the legal system of iran, any type of reforms in the present laws or development of new law should be approved by jurisprudentes. such a situation of dependency adds to the importance of taking time and location into consideration by jurisprudentes. it is noticeable that, at present and with the existing jurisprudentes’ opinions, reforms, and changes in some laws regarding women’s rights is possible.

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