A Study of Historical Development of Woman's Social Rights on Judgment and Jurisprudential Authority

Woman owns particular and general social rights in Islam. Islam gave back those rights of woman that have been confiscated by the man with the support of masculinist traditions in the course of history, and in doing somade the scales even again; since woman has been deprived from some of her rights as a human being throughout the history. Islam overturned Arabian paganism through its social and cultural revolution and granted the woman her true rights for the first time according to the principle of equality which is founded upon divine discretion and plays and indispensible role in the issue of woman's rights. Woman's rights are not among conventional rights, but have their origin in the primordial nature of woman and her sexual necessities. The position of jurisprudents on woman's judgment case is substantiated with Quranic verses, prophetic traditions and consensus of Islamic community. The judgment which in jurisprudential terms is conditioned by masculinity requires wisdom and is an exalted position; however woman judgment ban is not counted as the principal divine rules but this issue is among secondary jurisprudential inferences