Assistant professor, Institute of Islamic Culture and Thought
Abstract
Adult, sane has legal capacity and can take over in their affairs. On the other hand, no one can do without permission or allowed to interfere in matters of such a person. Unlike the legal capacity man who was always granted, the issue of qualified women has been controversial issues in all communities. Islamic law on the recognition of legal capacity of women has historical precedence over other legal systems is undeniable. In Islamic law and jurisprudence, qualification requirements, there is no difference between men and women. However, some interpretative resources denial of women's qualifications is concluded. Also according to some legal theory, the wife is incapable of contracts and unilateral obligations on some issues. Based on this theory, man is the total legal capacity, but the capacity of women's rights or wife is disputed. This article examines the reasons of rejection and evaluate the qualifications of men and woman.
