نویسندگان:

¹عضو هیئت علمی مرکز تحقیقات زن و خانواده

چکیده فارسی: مواجهه فقه با مسائل خانواده پس از انقلاب اسلامی مواجهه‌ای مهم از هر دو طرف است. فقه علاوه بر این که از چند دهه قبل خود را کافی برای اداره جامعه و پاسخگوی مسائل جدید می‌دانست پس از انقلاب در معرض حاکمیت نیز قرار گرفت. مسائل خانواده نیز در صد سال اخیر تحولات شگرفی در ابعاد مختلف خود تجربه کرد. مواجهه این دو در استفتائات از مراجع تقلید پیش از هرجای دیگری مشاهده می‌شود. پژوهش حاضر می‌کوشد در زمانی که فقیه با مساله‌ای که در بافت اجتماعی جدیدی برخاسته است روبه‌رو می‌شود دریابد که فقه چه ویژگی‌های مشترکی در این مواجهه داشته است. با کاربست روش تحلیل محتوای کیفی در فتاوای مراجع عظام تقلید در ایران پس از انقلاب اسلامی پنج مقوله درون‌گرایی در فتوا، فتوا به مثابه علم فقه، فقه مشروعیت ساز، فردگرایی فقهی راهی برای ورود عقلانیت جدید و فقه انتزاعی استخراج گردید و در انتها تحلیلی درباره این مقولات ارائه شده است.

The Jurisprudential Response to Family Transformations after the Islamic Revolution

English Abstract: The social and cultural transformations that occurred in Iran after the Islamic Revolution—particularly in the domains of family and gender—have presented new challenges for Shiite jurisprudence (fiqh). Prior to the revolution, fiqh claimed the capacity to govern society and respond to emerging issues. However, after the establishment of a religious government, it was confronted directly with newly arising family-related concerns. These transformations include changes in the roles of women, increased female social participation, and the emergence of novel issues related to technology and lifestyle. Religious women, equipped with new awareness and perspectives on social matters, turned to jurists through istiftā’ (requests for legal opinion), seeking answers from fiqh in response to these developments. This study aims to analyze post-revolution fatwas issued by leading jurists and identify the common features of the fiqh approach in facing such changes. Conceptual Framework This study focuses on three central concepts: ijtihad fiqhi, modernity, and gender transformations. Ijtihād, in its modern sense, refers to the capacity of fiqh to respond to social issues and its ability to remain current, a quality that has deepened since the Islamic Revolution. Modernity, as an epistemological system that disrupts traditional relationships and identities, has paved the way for significant changes in gender and family structures. Gender  transformations—particularly changes in societal perceptions and the roles of women—have played a crucial role in the evolution of fiqh-based rulings and in the emergence of new legal interpretations. Methodology This study adopts a qualitative and library-based research method. The data consist of fatwas (legal opinions) issued by prominent Shiite jurists in post-revolutionary Iran, including Ayatollahs Imam Khomeini, Bahjat, Tabrizi, Golpayegani, Montazeri, Makarem Shirazi, Yousef Sanei, Fazel Lankarani, and Hashemi Shahroudi. Using qualitative content analysis, open and axial codes were extracted, semantic domains were identified, and ultimately, five main categories were derived regarding the fiqhī engagement with issues of family and gender after the revolution. Findings The analysis of fatwas and legal inquiries submitted to the jurists led to the identification of five major categories, each representing key features of the jurisprudential approach to family and gender transformations. Inward Orientation in Fatwas: Post-revolutionary fiqh has increasingly based its rulings on the internal state and intention of the religious subject (mukallaf). For example, regarding gender interaction (ikhtilāṭ) between men and women, unlike traditional discourse which categorically deemed such interaction forbidden, recent fatwas consider the intention of deriving pleasure or deliberate engagement as the condition for prohibition. This shift indicates a growing emphasis on intention and internal disposition, allowing for greater flexibility in addressing social realities. Fatwa as Juridical Science or Practical Consultation: Although fiqh is traditionally a theoretical science concerned with general rulings, in responding to istiftā’, it may also take the form of practical consultation. Many inquiries arise from conflicts between general rulings and individual circumstances, requiring the jurist to offer context-sensitive guidance. This consultative approach is evident in responses related to women's employment, spousal consent, and second marriages, as analyzed in the article. Legitimizing Fiqh vs. Guiding Fiqh: Fiqh sometimes plays the role of legitimizing existing behaviors, while at other times it acts as a guiding force aimed at realizing the overarching goals of Islamic law (sharī‘a). These two approaches may conflict. Legitimizing fiqh seeks to validate prevailing practices, whereas guiding fiqh attempts to steer behavior toward religious ideals. This divergence is clearly reflected in fatwas concerning family and gender-related issues. Jurisprudential Individualism and the Emergence of a New Rationality: A notable feature in the jurisprudential engagement with modern issues is the rise of fiqh-based individualism, wherein the mukallaf is permitted, in certain cases, to make decisions based on personal reasoning and circumstances. This approach enhances fiqh’s adaptability to social and cultural change and enables greater alignment with modern conditions. Abstract Fiqh: In addressing contemporary issues, fiqh sometimes adopts an abstract and generalized perspective, avoiding engagement with concrete details and specific contexts. This tendency can distance fiqh from the lived experiences of ordinary people and make it less responsive to the complexities of modern society. Discussion and Conclusion The jurisprudential response to family transformations following the Islamic Revolution reflects a combination of efforts to preserve traditional principles while simultaneously accommodating certain modern changes. As both a legal and cultural system, fiqh strives to maintain its legitimacy while responding to the evolving needs of society. The identified features reveal that fiqh is confronted with multiple challenges, including the tension between tradition and modernity, the need for a renewed rationality, and the necessity for flexibility in legal reasoning. The inward orientation of fatwas and the attention to the intention of the legal subject (mukallaf) indicate a move away from rigid and overly strict interpretations. However, internalizing the criteria for permissibility may inadvertently facilitate the unintentional commission of prohibited acts. Moreover, the transformation of fiqh into a form of practical consultation reflects the importance of considering individual circumstances and the complexities of modern life—an approach that can enhance the perceived legitimacy of fiqh among the public. On the other hand, the distinction between legitimizing fiqh and guiding fiqh illustrates a dual function in jurisprudence: at times confirming the status quo, and at other times directing behavior toward ideal religious goals. This duality can lead to contradictions and confusion in fiqhī responses. Jurisprudential individualism and the incorporation of a new rationality signify a transformation within fiqh that enables it to adapt to contemporary conditions. However, abstract fiqh may pose an obstacle to precise and practical engagement with complex issues. These features provide a useful framework for understanding the interaction between fiqh, modernity, and gender transformations. They suggest that fiqh—in its pursuit of relevance and responsiveness to contemporary issues—requires further strategic reconsideration. Only through a conscious and differentiated engagement with the modern world can fiqh continue to offer resistance to Western civilization in the contemporary era. Additionally, this study may serve as a foundation for further research on the role of fiqh in contemporary society and its impact on cultural and social transformations.