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Male Guardianship
''Walī'' ( ar, ولي, plural ʾawliyāʾ أولياء) is an Arabic word with a number of meanings, including, "protector", "helper", "a man close to God", or "holy man", etc. "Wali" can also mean a "legal guardian", or ruler; someone who has "Wilayah" (authority or guardianship) over somebody else, and in ''fiqh'' (Islamic jurisprudence) is often "an authorized agent of the bride in concluding a marriage contract (Islamic Law)", Traditionally, girls and women in Saudi Arabia, have been forbidden by law from travelling, obtaining a passport, conducting official business, obtaining employment, concluding a marriage contract, or undergoing certain medical procedures without permission from their guardian, who must be an adult Muslim male. (However in 2019 these guardian restrictions on adult women in Saudi Arabia were lifted from traveling, obtaining passports, or employment.) In the Islamic Republic of Iran, the Supreme Leader of the government is a ''wali al-faqih'' (gua ...
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Arabic
Arabic (, ' ; , ' or ) is a Semitic languages, Semitic language spoken primarily across the Arab world.Semitic languages: an international handbook / edited by Stefan Weninger; in collaboration with Geoffrey Khan, Michael P. Streck, Janet C. E.Watson; Walter de Gruyter GmbH & Co. KG, Berlin/Boston, 2011. Having emerged in the 1st century, it is named after the Arabs, Arab people; the term "Arab" was initially used to describe those living in the Arabian Peninsula, as perceived by geographers from ancient Greece. Since the 7th century, Arabic has been characterized by diglossia, with an opposition between a standard Prestige (sociolinguistics), prestige language—i.e., Literary Arabic: Modern Standard Arabic (MSA) or Classical Arabic—and diverse vernacular varieties, which serve as First language, mother tongues. Colloquial dialects vary significantly from MSA, impeding mutual intelligibility. MSA is only acquired through formal education and is not spoken natively. It is ...
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Madhhab
A ( ar, مذهب ', , "way to act". pl. مَذَاهِب , ) is a school of thought within ''fiqh'' (Islamic jurisprudence). The major Sunni Mathhab are Hanafi, Maliki, Shafi'i and Hanbali. They emerged in the ninth and tenth centuries CE and by the twelfth century almost all jurists aligned themselves with a particular madhhab. These four schools recognize each other's validity and they have interacted in legal debate over the centuries. Rulings of these schools are followed across the Muslim world without exclusive regional restrictions, but they each came to dominate in different parts of the world. For example, the Maliki school is predominant in North and West Africa; the Hanafi school in South and Central Asia; the Shafi'i school in East Africa and Southeast Asia; and the Hanbali school in North and Central Arabia. The first centuries of Islam also witnessed a number of short-lived Sunni madhhabs. The Zahiri school, which is considered to be endangered, continues to exer ...
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Persian Language
Persian (), also known by its endonym Farsi (, ', ), is a Western Iranian language belonging to the Iranian branch of the Indo-Iranian subdivision of the Indo-European languages. Persian is a pluricentric language predominantly spoken and used officially within Iran, Afghanistan, and Tajikistan in three mutually intelligible standard varieties, namely Iranian Persian (officially known as ''Persian''), Dari Persian (officially known as ''Dari'' since 1964) and Tajiki Persian (officially known as ''Tajik'' since 1999).Siddikzoda, S. "Tajik Language: Farsi or not Farsi?" in ''Media Insight Central Asia #27'', August 2002. It is also spoken natively in the Tajik variety by a significant population within Uzbekistan, as well as within other regions with a Persianate history in the cultural sphere of Greater Iran. It is written officially within Iran and Afghanistan in the Persian alphabet, a derivation of the Arabic script, and within Tajikistan in the Tajik alphabet, a der ...
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Guardianship Of The Islamic Jurist
The Guardianship or Governance/''Wilāyat'' of/by an Islamic Jurist/''Faqīh'' ( fa, , Velâyat-e Faqih; ar, وِلاَيَةُ ٱلْفَقِيهِ, Wilāyat al-Faqīh), is a concept in Twelver Shia Islamic law which holds that until the reappearance of the "infallible Imam" (sometime before Judgement Day), at least some of the "religious and social affairs" of the Muslim world should be administered by righteous Shi'i jurists. Shia disagree over whose "religious and social affairs" are to be administered and what those affairs are. Wilāyat al-Faqīh is associated in particular with Ayatollah Ruhollah Khomeini and the Islamic Republic of Iran. In a series of lectures in 1970, Khomeini advanced the idea of guardianship in its "absolute" form as rule of the state and society. This version of guardianship now forms the basis of the Constitution of the Islamic Republic of Iran, which calls for a ''Vali-ye faqih'' (Guardian Jurist), to serve as the Supreme Leader of that c ...
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Faqīh
A faqīh (plural ''fuqahā'', ar, فقيه, pl. ‏‎) is an Islamic jurist, an expert in ''fiqh'', or Islamic jurisprudence and Islamic Law. Definition Islamic jurisprudence or ''fiqh'' is the human understanding of the Sharia (believed by Muslims to represent divine law as revealed in the Quran and the ''Sunnah'' (the teachings and practices of the Islamic prophet Muhammad). Sharia expanded and developed by interpretation (''ijtihad'') of the Quran and ''Sunnah'' by Islamic jurists (''Ulema'') and implemented by the rulings (''Fatwa'') of jurists on questions presented to them. ''Fiqh'' deals with the observance of rituals, morals and social legislation in Islam. In the modern era there are four prominent schools (''madh'hab'') of ''fiqh'' within Sunni practice and two (or three) within Shi'a practice. The historian Ibn Khaldun describes ''fiqh'' as "knowledge of the rules of God which concern the actions of persons who own themselves bound to obey the law respect ...
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Shia Islam
Shīʿa Islam or Shīʿīsm is the second-largest branch of Islam. It holds that the Islamic prophet Muhammad designated ʿAlī ibn Abī Ṭālib as his successor (''khalīfa'') and the Imam (spiritual and political leader) after him, most notably at the event of Ghadir Khumm, but was prevented from succeeding Muhammad as the leader of the Muslims as a result of the choice made by some of Muhammad's other companions (''ṣaḥāba'') at Saqifah. This view primarily contrasts with that of Sunnī Islam, whose adherents believe that Muhammad did not appoint a successor before his death and consider Abū Bakr, who was appointed caliph by a group of senior Muslims at Saqifah, to be the first rightful (''rāshidūn'') caliph after Muhammad. Adherents of Shīʿa Islam are called Shīʿa Muslims, Shīʿītes, or simply Shīʿa or Shia. Shīʿa Islam is based on a ''ḥadīth'' report concerning Muhammad's pronouncement at Ghadir Khumm.Esposito, John. "What Everyone Nee ...
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Al-Hidayah
''Al-Hidayah fi Sharh Bidayat al-Mubtadi'' (d. 593 AH/1197 CE) ( ar, الهداية في شرح بداية المبتدي, ''al-Hidāyah fī Sharḥ Bidāyat al-Mubtadī''), commonly referred to as ''al-Hidayah'' (lit. "the guidance", also spelled ''Hedaya'' Charles Hamilton (trans.) ''The Hedaya: Commentary on the Islamic Laws'' (Delhi) 1994 (2nd Edition 1870)), is a 12th-century legal manual by Burhan al-Din al-Marghinani, which is considered to be one of the most influential compendium of Hanafi jurisprudence (''fiqh''). It has been subject of numerous commentaries. The book played a key role in the development and amalgamation of Islamic and British law known as ''Anglo-Muhammadan law''. History and significance The author, Shaykh al-Islam Burhan al-Din al-Farghani al-Marghinani (d.593AH/1197CE), was considered to be one of the most esteemed jurists of the Hanafite school. Al-Hidayah is a concise commentary on al-Marghinani's own compendium ''al-Bidayat al-mubtadi'', which wa ...
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Anti Male-guardianship Campaign
The anti male-guardianship campaign is an ongoing campaign by Saudi women against the requirement to obtain permission from their male guardian for activities such as getting a job, travelling internationally or getting married. Wajeha al-Huwaider deliberately tried to travel internationally without male guardianship permission in 2009 and encouraged other women to do likewise. Women activists wrote a letter to the Saudi Minister of Labor and brought media attention to the issue in 2011. A 14,000-signature petition was given to royal authorities by Aziza al-Yousef in 2016 following a Human Rights Watch report on male guardianship. A crackdown against the activists took place in mid-May 2018, with 13 arrests . Several of the women remained in prison . Some of the women activists were tortured, including supervision by Saud al-Qahtani, a close advisor of Crown Prince Mohammad bin Salman. Background Women in the pre-Roman Arabian kingdom of Nabataea were independent legal persons ...
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Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human rights abusers to denounce abuse and respect human rights, and the group often works on behalf of refugees, children, migrants, and political prisoners. Human Rights Watch, in 1997, shared the Nobel Peace Prize as a founding member of the International Campaign to Ban Landmines, and it played a leading role in the 2008 treaty banning cluster munitions. The organization's annual expenses totaled $50.6 million in 2011, $69.2 million in 2014, and $75.5 million in 2017. History Human Rights Watch was co-founded by Robert L. Bernstein Jeri Laber and Aryeh Neier as a private American NGO in 1978, under the name Helsinki Watch, to monitor the then-Soviet Union's compliance with the Helsinki Accords. Helsinki Watch adopted a practice of public ...
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Mahram
In Islam, a ''mahram'' is a family member with whom marriage would be considered permanently unlawful (''haram''). One's spouse is also a mahram. A woman does not need to wear hijab around her mahram, and an adult male mahram may escort a woman on a journey, although an escort may not be obligatory. Overview People with whom marriage is prohibited * permanent or blood ''mahrams'' include: ** all direct ancestors ** all direct descendants ** siblings ** siblings of parents, grandparents and further antecedents ** children and further descendants of siblings * in-law ''mahrams'' with whom one becomes ''mahram'' by marrying someone: ** all the ancestors of one's spouse ** all the descendants of one's spouse ** all who marry a direct ancestor ** all who marry a direct descendant (Note: A woman may marry her stepfather only if the stepfather has not consummated his marriage to her mother.) * ''Rada'' or "milk-suckling ''mahrams''" with whom one becomes ''mahram'' because of being ...
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Ahmad Ibn Hanbal
Ahmad ibn Hanbal al-Dhuhli ( ar, أَحْمَد بْن حَنْبَل الذهلي, translit=Aḥmad ibn Ḥanbal al-Dhuhlī; November 780 – 2 August 855 CE/164–241 AH), was a Muslim jurist, theologian, ascetic, hadith traditionist, and founder of the Hanbali school of Sunni jurisprudence — one of the four major orthodox legal schools of Sunni Islam. A highly influential and active scholar during his lifetime,H. Laoust, "Ahmad b. Hanbal," in ''Encyclopedia of Islam'', Vol. I, pp. 272-7 Ibn Hanbal went on to become "one of the most venerated" intellectual figures in Islamic history, who has had a "profound influence affecting almost every area of" the traditionalist perspective within Sunni Islam.Holtzman, Livnat, “Aḥmad b. Ḥanbal”, in: Encyclopaedia of Islam, THREE, Edited by: Kate Fleet, Gudrun Krämer, Denis Matringe, John Nawas, Everett Rowson. One of the foremost classical proponents of relying on scriptural sources as the basis for Sunni Islamic law and ...
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Hanbali
The Hanbali school ( ar, ٱلْمَذْهَب ٱلْحَنۢبَلِي, al-maḏhab al-ḥanbalī) is one of the four major traditional Sunni schools (''madhahib'') of Islamic jurisprudence. It is named after the Arab scholar Ahmad ibn Hanbal (d. 855), and was institutionalized by his students. The Hanbali madhhab is the smallest of four major Sunni schools, the others being the Hanafi, Maliki and Shafi`i. The Hanbali school derives ''sharia'' primarily from the ''Qur'an'', the ''Hadiths'' (sayings and customs of Muhammad), and the views of Sahabah (Muhammad's companions). In cases where there is no clear answer in sacred texts of Islam, the Hanbali school does not accept ''istihsan'' (jurist discretion) or '''urf'' (customs of a community) as a sound basis to derive Islamic law, a method that Hanafi and Maliki Sunni '' madh'habs'' accept. Hanbali school is the strict traditionalist school of jurisprudence in Sunni Islam. It is found primarily in the countries of Saudi Arabia ...
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