دعوى ذكورية الخطاب الشرعي بين الحقيقة و الوهم

Abstract EN

This article aims to raise a heavy charge leveled by advocates of westernization and die emancipation of women for Islamic legal discourse ‘a case accusing him of bias against women and wasting their human dignity ‘not from die standpoint of reality and practices diat women lived in Arab and Islamic societies diroughout dieir history and for many centuries only ‘but that the charge was directed against die audienticity of die legal text Who has devoted diis disgraceful reality according to what diese claim.

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They start from a number of prophet’s sayings “hadidis” mentioned in die Sahih which appear to bear injustice or insult to women ‘to establish after diat an intellectual discourse diat excluded die legal texts" النص الشرعي", and seeks to undermine and destroy a number of Sharia provisions...

Through diis article ‘I have attempted to explain die starting points of those who seek to attribute Islamic legal discourse to die patriarchal male tendency to underestimate the woman and her human and social position ‘and diat in fact diey deal widi legal texts selectively and involve a great misunderstanding of her.

Especially widi die adoption of diis trend of methodological tools and paradigms inspired by die womb of dieories of “historical text” ‘ “audio r’s deadi” ‘“open text” and interpretative or “hermeneutic” and die various readings it provides for literary texts in general and religious in particular.