Evaluation of the fatwas issued by the High Council of Religious Affairs of the Presidency of Religious Affairs on women within the context of fiqh and the fact of change (Within the scope of the years 1965-2023)

The Religious Affairs High Council, which is the highest decision-making and advisory body of the Presidency, has been in a very important position regarding "religious matters" since the establishment of the Directorate of Religious Affairs, in terms of its approach to different sects or religious understandings and practices, the decisions it has made, and its actual stance. It is extremely important that the Council's working principles and procedures take into account the basic sources and methodology of İslâm, its historical experience, and current demands and needs when making decisions, issuing opinions, and providing suggestions on religious matters. In surveys and studies, 80.9% of society has stated that they trust the statements made by the Presidency regarding religious matters, and 76% trust the fatwas issued by the officials of the Directorate of Religious Affairs. In the answers prepared by the Council, they benefit from the different views that have emerged during the historical process of understanding and interpreting the Qur'an and Sunnah, as well as from the views of the different sects formed with this historical-cultural accumulation. In issues addressed using the tahriç method, the rulings made by the sect imams or later jurists on similar issues are examined to reach a conclusion about the ruling on the current issue. In new matters where no answer is found in traditional fiqh heritage, the topic is carefully analyzed by always applying the principles of Fiqh Usul, consulting with experts on the subject, and once they are sure of the result, they form and declare their decisions, opinions, fatwas, and views. In this sense, the decisions of the Religious Affairs High Council reflect its own views, not those of a particular sect. It is an undeniable fact that today's perspective on women has undergone a significant transformation. The recognition of women's value in society, the increase in female employment across various sectors, and the growing participation of women in social life are clear indicators of this change. This evolving reality has also brought forth the necessity to address the fiqh-related issues that women face. As a result, it has become essential to examine contemporary perceptions of women, identify the fiqh problems encountered by women, explore how these issues are being addressed, and analyze which factors influencing the evolution of İslâmic rulings are more effective and applicable in producing solutions. Furthermore, the degree to which the principle of maslaha (public interest) is implemented in these rulings has been assessed. To this end, official fatwa council evaluations have been compiled and analyzed. This study aims to identify the changes in fatwas issued by the High Council of Religious Affairs (Din İşleri Yüksek Kurulu) from 1965 to the present, particularly those concerning women—not only in terms of individual acts of worship and family life, but also their presence in the public sphere, including education, employment, and travel. For instance, classical books of fatwa traditionally state that a woman who miscarries is considered to be in the postpartum period (nifas) only if the expelled substance shows distinct human features such as hands or feet. In contrast, the High Council of Religious Affairs has revised this ruling by entrusting the determination of such matters to modern medical science. According to the Council, regardless of whether the expelled substance exhibits visible organs, it is now medically confirmed to be a fetus. Therefore, based on current medical knowledge, any bleeding that occurs following a miscarriage is considered postpartum bleeding (nifas). On the other hand, with women's growing presence in all areas of society, the institutional inclusion of women within the Presidency of Religious Affairs has emerged as a significant reality. Considering the evolving structure of society, the involvement of women in religious services—a specialized field—has become both a necessity and an obligation. In this context, the participation of female staff at various levels within the Diyanet will be examined through statistical data as part of this study. Since the early 2000s, the increasing number of women employed by the institution—including appointments across different departments and directorates, and even to the position of Deputy President—demonstrates this growing need. Additionally, a circular issued in 2007, which mandated the improvement of facilities for women in mosques to ensure they can attend more comfortably and with better conditions, reflects a clear shift in the institution's perspective on women. Moreover, as the High Council of Religious Affairs—affiliated with the Presidency—holds official and scholarly authority in religious matters, the views and decisions of the Council carry particular importance. In addition to identifying the number of female members within the Council, their influence on its decisions is another aspect that requires investigation. Given their innate and experiential proximity to women's realities, female members are more likely to understand and address the issues faced by other women. Through an analysis of the fatwas issued by the Council between the specified years, the study seeks to explore the relationship between İslâmic jurisprudence and social change. In doing so, it aims to reveal the attitudes and efforts of the Presidency of Religious Affairs—as an official institution in Turkey—in addressing women's religious inquiries and social concerns. This study will also evaluate the evolving mindset of the Presidency of Religious Affairs concerning women, by examining how the institution's approach toward women has shifted over the years—an indication of the importance and sensitivity the Presidency places on women's institutional representation. Furthermore, it is expected that this research will help fill a significant gap in understanding the background of potential changes in fatwas related to women. These include the Diyanet's gender-conscious approaches and solutions to religious matters concerning women, as well as how temporal and social changes have influenced the content and reasoning behind such religious rulings. In doing so, the study seeks to shed light on how the Diyanet contributes to the clarification of many contemporary religious issues involving women. Keywords: Change in İslâmic rulings, Religious Affairs High Council, Presidency of Religious Affairs, Fatwa, Women, Islamic Law. Scientific Field Code: 60403