المساواة بين الجنسين مفهومها و الانحراف الفكري فيها و آثاره السلبية : الميراث و الدية أنموذجا

Abstract EN

Abstract This research paper treats a problem whose news has often been widespread.

The criterion of equality between male and female in the direction of the religious ruling and control of its various interactions between the genders is an issue that occasionally reappears on the scene.

Hence, it is necessary to examine the legislative aspect of the dividing line between the genders and understand its legislative merits as well as the premises on which it is confirmed in terms of legislative wisdom and religious ruling.

The research methodology is based on drawing the first roadmap in relation to illustration of terms and their meanings, proceeding thereby to clarifying the obscurities unexpectedly occurring to the subject, without ignoring the philosophy of legislation in the case of variation of provisions between the genders.

This is done with reference to the Legislator’s rulings, i.e.

by adhering to the letter and spirit of the two broad sources: the Holy Qur’an and the immaculate Sunnah, and exploring the effects of the omission of the legislative aspects and their methodological implications, particularly in the negative case rather than in the affirmative.

The study has concluded that the intellectual orientation of the Ummah has to be addressed before presenting the legal ruling, whether in its media or in the fields of science and knowledge.

The study has also stressed the need to address the current educational curricula in the currently existing educational institutions as well as the research and study arenas.