Criticism of the view of assigning the sanctity of simile to believing women

فقه و اصول (Fiqh va uṣūl)

Articles in Press, Accepted Manuscript, Available Online from 08 June 2025   

Document Type: Original Article

DOI: 10.22067/jfiqh.2025.91816.1903

Authors

Reza Garmegi Baygi^{* 1}; Mohmmadtaghi Fakhlaei²

¹Level 4 student of Khorasan Seminary, PhD student in the Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran

²Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran

Abstract

Tashbeeb, meaning the loving and affectionate mention of women in poetry, is one of the topics whose prohibition in Islamic jurisprudence has been analyzed under secondary headings such as defamation, harassment, and incitement of lust. Meanwhile, the discussion of the condition of faith in the prohibition of tashbeeb has always been a point of disagreement among jurists. Some jurists have reserved the prohibition of tashbeeb for believing women, while others have considered it absolute. This article, with a descriptive-analytical approach, examines the evidence for the prohibition of tashbeeb and the role of the condition of faith in this ruling.

The main innovation of this research is in negating the condition of faith by emphasizing the ugliness and prohibition of oppression as the main basis for legislating the prohibition of tashbeeb, which leaves no difference between believing and non-believing women. The article shows that human dignity, as one of the fundamental principles of Islamic jurisprudence, is a common basis for the prohibition of acts that harm the dignity and social status of individuals.

Keywords

Simile; faith; human dignity; oppression; beauty and ugliness

References