Copyright © 2015, American-Eurasian
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Research Journal of Social Sciences
ISSN: 1815-9125
EISSN: 2309-9631
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2015 September; 8(7): pages 133-137.
Published Online 14 September 2015.
Research Article
Jurisconsult Iranian Women in Safavid Era
Hamid Hajianpor and Mohamadjavad Sami
Assistant Professor, Shiraz University, Shiraz, Iran
Received: 23 July 2015; Revised: 28 August 2015; Accepted: 1 September 2015
Copyright © 2015 by authors and American-Eurasian Network for Scientific Information.
This work is licensed under the Creative Commons Attribution International License (CC BY).
http://creativecommons.org/licenses/by/4.0/
ABSTRACT
In the history of Iran, Safavid era is regarded as a milestone which has divided the history of after-Islam Iran into two periods of
before safavids and after safavids. In this period, due to the fact that Shiism has been recognized as the formal religion, there was a
need of jurisprudence and Shia jurisconsults. Many Shia jurisconsult men were appeared in this period. The present paper considers the
presence of women in the area of jurisprudence in Safavid era. Using descriptive-analytical method and relying on library resources,
the study investigates the place and performance of jurisconsult women during Safavids. According to the research findings, the
performance of jurisconsult women such as Amena Bigum Majlisi caused to solving scientific problems of jurisconsult and scholar
men. In fact, the need of jurisconsult in Shia and newly-established Safavid community led to the appearance of jurisconsult women
who mostly belonged to religious and royal classes. During these days, jurisconsult women attempted to teach jurisprudence to other
women through public meetings and provided an appropriate context for the growth and evolution of jurisconsult women.
Key words: women. Jurisconsult, Safavid era, Amene Bigum Majlisi, Jurisconsult women
INTRODUCTION
Safavid dynasty is of a high importance in the
history of Iran. One of the causes of such a place is
recognizing Shiism as the formal religion of the
country. During those days, the center of
jurisprudence and Shia scholars was other points of
Islamic world but Iran. Recognizing Shia as the
formal religion, observing the commands of Shiism
became compulsory. Safavids face the lack of
jurisprudential resource to execute Shiism
jurisprudence. According to the need of Iran in those
days, Shiism scholars emigrated from various regions
to Iran by the request of Safavid Kings or with their
own willingness.
Shia scholars gained religious posts in Iran and
took effective steps to fix Shia religion in Iran; for
example, it can be referred to the efforts of
Mohaghegh Karki. One of the strategies of
developing Shiism in Iran and fixing it is educating
Shia jurisprudence. Meanwhile, what could be the
place of women as a part of society? It seems that
public education of women has not been so
developed in the society. If women approached to
painting or poem, it would be based on their personal
interest. Women belonged to the high class of society
had more free time and showed more interest to
studying and learning. In the first step, religious
Corresponding Author: Hamid Hajianpor, Assistant Professor, Shiraz University, Shiraz, Iran
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Hamid Hajianpor, 2015 / Research Journal of Social Sciences 8(7), September, Pages: 133-137
sciences including reading Qur’an was taught to
women. If women belonged to scholar families, they
were taught some sciences such as jurisprudence,
interpretation, anecdote, etc.
The purpose of the present study is to identify
the place of women to teach and develop Shia
jurisprudence during Safavids era. Also, the study
introduces and describes the performance of such
women.
Statement of the probem:
The issue of women and their role in scientific
life of Iranian community is considered as one of the
important social history. Jursiconcult women and
their place in Safavids era will be the core issue of
the research.
Research questions:
To explants such an issue, the research questions
can be presented as follow:
• Which part of religious theology found more
importance with the formation of Shia Safavids
government and trying to develop Shia ideology?
• What was the role of women in religious and
Shia community of Safavids era who influenced all
the governmental elements?
• How religious scholars undertook handling
people’s religious affairs could meet a part of
women’s jurisprudential needs and what were the
role of their families, especially women and girls of
religious classes of the community in handling
religious affairs of the community?
• What was the place of women in teaching and
developing Shia jurisprudence during Safavids era?
• What was the effect of teaching jurisprudence
during Safavids era, and the growth and training of
jurisconsult women in the next periods?
• Juriscolsult women belonged to o which class of
the community in Safavids era and what was the
effect their class on educating women?
Research hypotheses:
Recognizing Shia religion as the formal religion
of the county in Safavids era led to the importance of
jurisprudence and need of jurisconsults such that
Shia scholars emigrated from different regions like
Iraq and Bahrain to Iran. One of the strategies of
developing and fixing Shiism in Iran was religious
homogeneity and teaching Shia jurisprudence to
people. In this period, women approached to some
actions such as painting, poem and religious
sciences. They also attempted to lean jurisprudence,
interpretation and anecdote. Therefore, outstanding
women appeared in these fields by studying
jurisprudence. In fact, jurisconsults belonged to those
families which were well-known in jurisconsult and
science.
In these periods, establishing public meetings of
teaching jurisprudence to women by jurisconsult
women led to the appearance of outstanding
jurisconsult women in the next periods.
Jurisconsult women belonged to various classes,
especially scholar and noble families. The marriage
of princesses with religious classes facilitated this
fact and influenced their political and family
situation in achieving to scientific place.
Historical background:
Jurisconsult Women in the Early Centuries (A.H):
Terminologically, jurisconsult means wise and
scholar [5] and sometimes, it refers to a person who
is aware of religious commands [13]. Learning
jurisprudence finally leads to gaining the degree of
discretion (Ijtihad). According to Sunnites,
jurisconsult women have been accepted as expert
individuals. They accept some women of the prophet
such as Hazrat Zahra, Ayeshe, Oma Salma, etc. as
well as other jurisconsult women [2].
Before Shia, Hazrat Zeynab, Hakima (the
daughter of Imam Javad) and the mother of Imam
Hasan Asgari were responsible to determine and
confirm the Imam of their age. Also, Imam Sadiq
says that “a woman may have a higher level in
jurisprudence compared to a man” (ibid: 92).
A jurisconsult woman who gained Ijtihad degree
is independent in hers Ijtihad and has not the right of
following men jurisconsults even if she disagrees
with the opinion of man jurisconsult (ibid: 100).
Accordingly, in all periods of jurisprudence and
Ijtihad history, women jurisprudence was accepted
by Islamic community identical with men
jurisconsults. Investigating the age of Shiism and the
women of the prophet and followers, we observe
some jurisconsult women who stated religious
commands for men just like the men who stated
commands for men.
Jurisconsult Women before Safavids in Iran:
Before Safavids era in Iran, women highly tried
to study various sciences and participated in the
classes of great scholars of their time. In these
periods, they progressed in different sciences such as
writing principles,
jurisprudence,
principles,
literature, astrology, etc. and composed book and
teach in these fields [10].
In religious sciences, women not only were well
known in jurisprudence, comprehending Qur’an
concepts and other Islamic sciences, but also they
sometimes reached to Ijtihad degree and made their
community distinctive due to their virtue (ibid: 183).
Among jurisconsult women before Safavid
periods in Iran, it can be referred to Khadije daughter
of Mohammad Ibn Ahmad Jarjarani in the 4th
century [16], daughters of Sheykh Tousi in the 5th
century and the early 6th century and Ayeshe
daughter of Fazl Ahmad Kamani (ibid: 156), in the
6th century, Fateme daughter of Mohammad Ibn
Ahmad Samarghandi (ibid: 172) and Fateme
(jurisconsult) the wife of Alaedin Abou Bakr
Kashani (ibid: 178), in the 7th and century, Eyn-Ul-
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Din Shams Isfahani (ibid: 178); in the 7th and 8th
centuries, Feteme Saati daougter of Ahmad Ibn Ali
Saati (ibid: 176); the 8th century, Fateme Ibn Ibrahim
Hakkari daughter of Ibrahim Ibn Davoud Ibn Nasr
(ibid: 174).
Ayeshe Jazari was the excellent of these
jursiconsult women in the middle of the 9th century.
She was the daughter of Shams-Ul-Din Mohammad
Ibn Jazari. Her dominance in Sunnite jurisprudence
was so that she taught men behind the curtain (ibid:
158).
Jurisconsult Women in the Safavids Era in Iran:
Recognizing Shiism by the first Shah Abbas as
the formal religion of Iran in 907 was considered as
his most important decision in Tabriz. In fact, shiism
was the most important factor in religious promotion
and political ideology of Safavids [18].
Recognizing Shia religion as the formal religion
of the county in Safavids era led to the importance of
jurisprudence and need of jurisconsults such that
Shia scholars emigrated from different regions like
Iraq and Bahrain to Iran [17]. By the time past, a
generation of Shia scholars was appeared in Iran who
was the responsible of religious posts. Meanwhile,
public sessions of teaching jurisprudence in
seminaries helped this fact. Other than men, women
also studied jurisprudence. However, the number of
women entered into these fields was vey few in the
next periods. As one of the reasons of this shortage,
it can refer to the fact that it was the early stages of
teaching Shia jurisprudence whether to men or
women. The certain thing that although the issue of
teaching and educating women in this age was not so
high to consider them a certain scientific, literary or
even religious reputation [10]. In fact, the effort done
in Safavids era was resulted in the next periods with
the presence of jurisconsults women such a Hajia
Nosrat Amin.
Most girls and women were interested in
painting and poet but almost all of them initially
studied religious sciences (ibid: 47 & 48) and only a
limited number of them had significant achievement.
Here, jurisconsult women in Safavids era are
introduced in time order.
Daughter of Shah Tahmaseb Safavi:
Daughter of Shah Tahmaseb Safavi is one of the
scholar women of the 10th century. Her name has
been referred in Risalas of many scholars [6,3].
Shah Tahmaseb had eight daughters and all of
them married to men with an important post. Now, it
cannot be known which daughter of Sahah Tahmaseb
was the considered jurisconsult. But, it can be
guessed that she is the daughter who provided the
condition of being Muslim for the king of India for
being helped by Shah Tahmaseb [18] and abandoned
Jenkinson, the ambassador of England due to being
Christian (ibid: 108).
Ibrahim Mirza the housband of Gohar Soltan
Bigum (one of the daughters of Shah Tahmaseb) had
a girl. This girl studied religious sciences. She
married to Amir Nasir-Ul-Din Hoseini Shirazi and
stayed at Madina (Hejazi, 1961:47). This girl can be
also the considered jurisconsult girl of Ibrahim Mirza
who was indeed the grandson of Shah Tahmaseb.
Daughter of Sheykh Ali Menshar Ameli and the wife
of Sheykh Bahaei:
Sheikh Zeyn-Ul_Din Ali known as Menshar
Ameli was one of the well known students of
Mohaghegh Kerki who were appointed as the
governor of Isfahan by Shah Tahmaseb. Sheikh
Menshar Ameli had only one girl. This girl learned
jurisprudence and anecdote before her father. Saheb
Riaz narrated that she taught jurisprudence and other
sciences and women were taught by her [1].
She married to Sheykh Bahaei and she also used
the knowledge of her husband. As reported, her
dowry included many books in various sciences and
technologies, indicating her interest to knowledge
[16]. Furthermore, this girl inherited all of her
fathers’ properties and valuables books.
Amena Bigum (Amena Khatoun) Majlisi:
Molana Mohammad Taghi Majlisi known as the
first Majlisi was a very pious man. He was one of the
most experienced and authorized Shia scholars.
Mohammad Taghi was the son of daughter of Mola
Kamal-Ul_Din MohamadIbn Hasan Ameli Natanzi,
one of the most well known political men of the
10the century. He also called Natanzi. Majlisi was
one of the first students of Natanzi. He had three sons
and four daughters. His biggest daughter was Amena
Khatoun. The mother of Amina Bigum was the
daughter of Sadr-Ul-Din Hoseini Ashouri Ghomi
who was considered as one of her family’s scholar
ones [9].
The birthday of Amina is not known. She was
grown up in her family and rapidly passed progress
degrees to the degree of Ijtihad. In addition to
jurisprudence, she had good knowledge of anecdote,
literature, poet, and interpretation. She was regarded
as one of the noble women of her age and also taught
and guided other women. When she was matured,
her father suggested Mola Mohamad Saleh
Mazandarani, a pious, respected, reliable, popular,
and poor man to marry. Saying that “poverty is not a
fault for men”, Amena Bigum agreed to marry to him
[14]. Mola Mohammad Saleh solved some of his
scientific problems with the help of Amina
(Mahalati, 1949: 329/3). In fact, Amina had so
beauty and knowledge that her husband could not
adequately thank his God, as he stated (ibid: 210).
One of the grandsons of Amina Bigum, Ayat-UlAlla Boroujerdi, wrote in his Risala about his
dynasty that the narrations of Amina had been
confirmed by scholars, indicating the high place of
Amina [16].
For example, we can refer to some
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interpretations of Amina Bigum such as Ghavaed-UlAhkam by Allame Helli, Sharh-Ul-Fia by Ibn Malek,
Sayouti’s evidence explanation, a book on
jurisprudence [19] helping to her brother,
Mohammad Bagher Majlisi, to gather news of some
volumes of Behar-Ul-Anvar [10] and collection of
poems.
Many families are attributed to Amina Bigum
such as the family of Ayat-Ul-Alla Boroujerdi, the
family of Ayat-Ul-Alla Vahid Isfahani, the family of
Allame Bahr-Ul-Uloum, the families of Hseini
Marashi, Haeri Shahrestani in Karbala, Najaf,
Tehran, Mashhad, Qom, etc. [9].
The date of Amina’s death is also unknown.
Probably, she has been buried in her fathers’ tomb in
Isfahan. Unfortunately, due to repairmen, the
gravestones of some women in the northwest part of
the tomb of Allame Majlesi were destroyed (ibid:
97).
Daughter of Mola Aziz-Ul-Allah Majlisi:
Mola Aziz-Ul-Allah was the biggest son of Mola
Mohammad Taghi Majlisi known as the first Majlisi.
Mola Aziz Ul-Allah has many perfections and
qualities. He was unique in refinement of manners.
He leaned religious sciences before her fatjer and
other great scholars [4].
Mola Aziz had a son called Mirza Mohammad
Kazem Majlisi and two daughters whose names are
unknown. His girls died without giving birth to any
child (ibid: 103). It seems that one of the girls of
Mola Aziz was Bent-Ul-Majlisi.
Bent-Ul-Majlesi was the granddaughter of the
first Allame Majlisi and the cousin of the second
Allame Majlisi. She was born in a pious and virtuous
family. She learned jurisprudence and anecdote
before her father and uncle (Allame Mohammad
Bagher Majlisi). Of course, it seems that she was also
taught by her aunt, Amena Bigum. In addition to
jurisprudence and anecdote, she was familiar with
theology. Some compositions and researches have
been attributed to her such as an introduction to
Layazarah-Ul-Faghih. Also, her father also wrote a
book with the same name. In the book of Rehnat-UlAdab, her name was referred among rare scholars
[11]. Her death has been announced 1698. Her tomb
is in the tomb of Allame Majlisi in Isfahan [6].
Women of Allame Majlisi’s family were of the
figures of argument expansion period which starts
from the time of Ayat-Ul-Allah Helli to the time of
Allame Vahid Behbahani. In this period, new styles
were appeared in extraction and inference of
religious commands and Islamic jurisprudence faced
with a significant growth and progress in the end of
this period. Undoubtedly, the role of women in this
progress is undeniable [19].
Fateme (Om-e-Salma) Kashani:
Fateme Kashani is the daughter of Mohammad
Alam-Ul-Hoda and the granddaughter of Mola
Mohsen Feyz Kashani. She was born in January
1678. She learned preliminaries of Islamic sciences
before her sister jurisprudence and principles before
her uncles, Abou Hamed Mohammad known as
Nour-Ul-Mahdi and Moein-Ul_Din Ahmad. She
completed sciences before her father. Fateme had the
permission narration and narrated from her father and
uncles. She married to Zeyn-Ul-Din Ali in 1701 and
died in 1703 in Kashan. She was buried in their
family tomb beside her father and grandfather
[16,10].
Zakye daughter of Sheykh Mohammad Saleh
Mazandarani:
Zakye was a wise, scholar, jurisconsult, and
writer. Her birth and death date is not known. It is
known that she was born in Isfahan and lived up to
1714. She learned the preliminaries of Arabic
sciences and literature from her mother (Amena
Bigum) and learned jurisprudence and principles
from her father (Sheykh Mohammad Saleh
Mazandarani). When she matured, she married to
Mohammad Bagher Ibn Mohammad Sadegh
Mousavi Yazdi Isfahani. This scholar woman wrote
Sharh-e- Kafi for her father such as Mojald-Ul-Aghl
va-al-amal. Also, it has been said that she wrote
some materials on jurisprudence.
In some books such as Feyz Ghodsi, Marat-ulAhval, Jahan Nama, and Ansab Risala of Majlisi
family published with the attachment of Maraat-UlAhval, the number of Amena Bigum and SHaykh
Mohammad Saleh Mazandarani was mentioned one
or two.according to Maraat, one of their daughters
was the wife of Allame Mir Abou-AliAmeli [4] and
no other girl was mentioned with these features.
These women mostly belonged to scholar
families. Therefore, it can be concluded that women
and girls as well as other individuals were also taught
religious educations in this class and were aware of
common sciences of their time [10]. Of course, there
were other scholar women such as daughters of
Molla Sadra, Hanide Rouydashti and so forth who
studied Islamic sciences but no sign of jurisprudence
was seen in their life.
By fixing Shia jurisprudence during the periods
after Safavids, many jurisconsult women became
famous. Some women such as Amena Bigum Haeri
daughter of Vahid Behbahani who gained Ijtihad
degree ot Hajie Nosrat Amin whose Ijtihad
permission was taken from AghaMirza Estahbani,
Haj Sheykh Mohammad Kazem Shirazi, and AyatUl-Allah Najafi Marashi. In fact, jurisconsult women
of Safavids era were the founder of such great
appearance of women in the next periods.
Conclusion:
In conclusion, it can be stated that teaching
jurisprudence to women had been dependent on their
family’s interest and conditions. From the beginning
of the advent of Islam, jurisconsult women were
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present beside jurisconsult men and their opinions
were accepted by the community. In Iran, before
Safavids, due to the popularity of Sunnism and
subsequently, the jurisprudence which was taught
men and women, jurisconsult women taught
jurisprudence even to men.
After recognizing Shiism as the formal religion
of the country, conditions were changed and Shia
jurisprudence was taught to applicants of the society.
During these periods, the attention of women to
jurisprudence science, some famous jurisconsult
women appeared and there are some reports about
the role of jurisconsult women in educating
jurisprudence. During the next periods, this tradition
caused training outstanding jurisconsult women such
that their names and works can be referred as
women’s jurisprudential heritage. Given to the length
of Safavids era (about 220 years), it may be expected
to have a more number of jurisconsult women.
However, it can be implicated that the beginning of
this period is the main reason of low number of such
women. The fact that the families of the mentioned
outstanding women were scholar cannot be
considered as a weakness although in some cases of
public meetings of teaching jurisprudence to women
by jurisconsult women has been referred, teaching
women has not been compulsory in any period of
time and they participated in these affairs with their
willingness. Indeed, the performance of some women
such as Amena Bilgum who attempted to solve the
problems of a jurisconsult such a Molla Mohammad
Saleh indicated the scientific place of jurisconsult
women in this period. This fact should not cause
degrading the value of women’s performance due to
the lack of resources and lack of thinking about
previous written heritages to find the place and effect
of women in Iranian scientific life.
5.
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