التمييز بين المرأة و الرجل في الأحكام الشرعية : مراجعات تأصيلية لمفهوم الأنوثة في الإسلام

الملخص EN

The issue of equality between women and men is a central requirement in feminist thought and human rights in general.

Hence, the problematic of differentiation between women and men in some rulings of Shari'a has been raised.

Some took it as evidence that discrimination against women is rooted in the teachings of Islam, while others tried to strip Islam of some of these rulings which are not in line with the modern sensitivity, still others tried to legitimate them.

This study helps to explore the logic underlying the distinction between women and men in some Islamic rulings, with the aim of introducing some important insights to addressing this issue.

This study considered that difference between women and men, whether it is due to what is known in Islamic studies as the divine universal will (natural differences) or the divine reveled will (differences in specific Islamic rulings), are of existential significance, worthy of consideration in determining the concept of femininity and masculinity in the Islamic perception, provided that they are studied on the basis of a solid approach that prevents the projection of historic or modern cultural assumptions on the Islamic founding texts as much as possible.