عنوان مقاله [English]
In today world, the philosophy of Shari'a and how the Shari'a (fixed matter) interacts with social issues (in most cases the changing variable matter) as well as the division of religion and Shari'a are among the most important concerns and preoccupations of Muslim thinkers. It is obvious that how to read the text (religious text) and pay attention to its principles, spirit and purposes, is effective in the method that religion and Sharia are related to reality In this regard. one of the issues that has led to many different approaches among Muslim thinkers is the position of women's rights in Islamic law. Among the religious thinker who have dealt with the above-mentioned subjects is Tahir Haddad, a Tunisian thinker, writer and literate. In this article, his teachings are explained by using a descriptive-interpretive method. In connection with the present issue, Tahir Haddad, with a special reading of Maqasid theory, has criticized the views based on jurisprudential formalism, and has made a substantial distinction between the spirit of religion and its goals and the form of rulings; According to the principles and the spirit that governs it, and in the meantime, recognizes the constancy of religion from its variables. In relation to women's rights, he believes in equal rights for men and women; What is more, the goal and spirit of Islam is in the direction of achieving freedom and equality among human beings, and accordingly, while considering the purposeful interpretation and reading, it considers all forms based on inequality between human beings contrary to the spirit and goals of religion and sharia.