The Critique of the Jurisprudential Principles of the Prohibition of Women’s Presence in Baqī

Currently, the prohibition of women’s presence in Baqī is supported by some jurisprudential principles, which include other cemeteries from the two holy shrines to other areas. Although the legitimacy of women’s presence and pilgrimage in Baqī and the views of Sunni jurisprudential religions are reflected in numerous articles- including the author’s article- in scientific circles; so far, no extensive and integrated study has been done according to the rijali and jurisprudential principles of the four Sunni religions to focus on document critique and the proof of the jurisprudential documents about prohibiting women’s presence in Baqī,  which are presented and distributed as pamphlets around Baqī and accordingly, women are being prohibited even from approaching the walls of Baqī. Therefore, the analysis of the jurisprudential principles of prohibiting women’s presence in Baqī is a subject that needs to be explored to get an appropriate view. The analysis of each of these documents in terms of authenticity and validity indicates the lack of authenticity of the cited narrations, according to the words of the Sunni scholars of the rijali science. Assuming authenticity for them, by reading the words of famous commentators of hadith in the four Sunni religions, one can find out that one group refers to the abrogation of these hadiths and another group considers the emergence of documented narratives on women’s presence and pilgrimage accompanied by forbidden (ḥarām) implications, which may be the case in other recommended acts such as the recommended Hajj (Hajj-I mustaḥabbi). Based on library data, this research was done with the aim of reviewing and criticizing the proof and evidence of the documents about preventing women’s presence in Baqī and providing solutions for this problem. Achieving this goal is possible in light of describing and analyzing the narrative teachings of Sunni sources with regard to their basics in obtaining and understanding the hadiths of the Prophet (S). This research concludes that the principles of prohibiting the presence of women in Baqī are distorted and the attribution of those principles to the tradition of the Prophet (S) is invalid and does not imply the mentioned view.