Article Type : Review Article
Authors : Fazliddinovich MD
Keywords : Women's Rights; Ferdowsi's Shahnameh; Pre-Islamic Literature; Achaemenids; Sassanids; Avesta; Human Rights; Gender Equality
The article focuses on
analyzing the status of women in the cultural and legal heritage of the Aryan
peoples, particularly in pre-Islamic literature. Studying and researching
historical sources such as Avesta, works of Achaemenid, Arsacid, and Sassanid eras,
and Ferdowsi's Shahnameh, the author examines women's rights and freedoms in
social, political, and economic spheres. Itishighlighted that in the
pre-Islamic period, women were aware of property rights, equality of women with
men and enjoyedactive participation in public life. The role of women in the
structure of matriarchal society, family rights in Avesta, and Achaemenids’
policies towards women are also explored. It is discovered that Shahnameh
vividly reflects high social and legal status of women.The article emphasizes
that historical and cultural heritage of ancestors holds significant importance
for studying human rights and strengthening legal awareness in modern society.
This
famous verse serves as a poignant reminder that “Shahnameh” - is timeless
masterpiece of the great poet and sagacious philosopher, Abulqasim Ferdowsi
(934-1020)—stands as a boundless repository of profound wisdom, illuminating
the spiritual essence of our noble nation. The Founder of Peace and National
Unity, Leader of the Nation, President of Tajikistan, his Excellency Emomali
Rahmon, in a special decree dated December 30, 2023, No. 668, proclaimed 2024
year as a “Year of Legal Awareness” he
has repeatedly underscored the profound significance of our rich heritage in
the cultivation and advancement of legal and educational knowledge. Considering
that 2024 year will also witnesses two significant events - the 30th
anniversary adoption of the Constitution (Fundamental Law) of the Republic of
Tajikistan, as a guarantor of rights, duties, and civic obligations, and the 30th
anniversary foundation of the People's Democratic Party of Tajikistan, as a
party of builders, reformers, and promoters of legal and educational thought—it
is evident that the necessity to refine and promote legal awareness throughout
this year will become ever more apparent and crucial in everyday life. In
meetings with religious leaders and public activists of Tajikistan, from the
early days of independence, the leader of Nation stresses that human and
citizen rights and freedoms has been considered as supreme values of human
dignity. Necessary methods and means were established within the state
structure to realize these values. The establishment of the Committee on
Religious Affairs, the Regulation of Traditions and Celebrations under the
government, the State Institution of Islamic Studies Center under the President
of the country, Imam Azam Islamic Institute of Tajikistan, adoption of laws
such as the "Law on the Regulation of Traditions and Celebrations,"
the "Law on Freedom of Conscience and Religious Organizations," and
"Parents’ Responsibility for Education and Upbringing of Children,"
registration of 4,000 religious organizations, including mosques, and
organization of collective pilgrimages for citizens to Haj and Umrah are among
the implemented measures in this regard [1].
There
are the main causes provided for the President's Decree "On Declaring 2024
as a Year of Legal Awareness". The first is to raise the level of legal
awareness among citizens, promote democratic values, strengthen institution of
human rights, ensure a respectful attitude towards them, elevate the status of
law, educate citizens in the spirit of respect for the law, ensure supremacy of
the law, establish a stable system of legal behavior, create an intolerant
attitude toward any violation of rights, and emphasize an inevitability of
legal responsibility. Then it also aims at coordinating activities of all
subjects involved in legal awareness promotion and establishing an effective
mechanism for cooperation between the state and civil society institutions of
citizens legal awareness" (See: Explanation to the President of the
Republic of Tajikistan's Decree "On Declaring 2024 as a Year of Legal
Awareness," dated December 30, 2023) [20, 11].
The
primary objective of this declaration is to emphasize that, each of us should
realize our rights, duties, and civic responsibilities thoroughly, we should
base our daily actions and lives according the basic principles of our
Constitution, ensuring strict observation of them without violating, breaking
the law and contribute our great efforts to establishment, formation, and
development of a truly free, democratic, law-abiding, unified, and secular
society in Tajikistan. The rich heritage of our ancestors will assist to
achieve these noble goals, guiding us to greatness. One of these masterpieces,
which can serve not only for us but also for all of humanity in recognizing
development of legal awareness, is a timeless “Shahnameh” of Abulqasim
Ferdowsi. Researcher of Ferdowsi’s works, candidate of philological sciences,
Jamoliddin Saidzoda, aptly remarks: “Shahnameh” is an incomparable masterpiece
of Ferdowsi, is an anthem of Iranian people, a perfect mirror of their
identity, and a profound expression of the great Iranian spirit, the book of self-awareness
and patriotism, a timeless testament for enduring legacy of Aryan people [17,
11-13].
It
is no mere coincidence that, recognizing profound significance of “Shahnameh”
in the process of self-awareness and national consciousness of Tajik people,
esteemed Leader of the Nation, President of Tajikistan, his Excellency Emomali
Rahmon, in his address to the International Symposium "Bobojon Ghafurov -
the Greatest Scholar and Promoter of Tajik History," held in Dushanbe on
December 5, 2023, to honor the 115th anniversary of academician B. Ghafurov,
proclaimed that valuable book of our classical poet A. Ferdowsi “Shahnameh”
should be printed from the Presidential reserve fund and presented as a gift to
every Tajik household on behalf of the President. "Shahnameh" is the
greatest national epic of Aryan people. The most important moral and
philosophical, historical and social, as well as political thoughts and ideas
are revealed in this work. Descended-Iranian and native-Iranian are people who
from ancient times to the present day, have adhered to moral principles, and
according to their righteous prophet Zoroaster, and sacred book
"Avesta’s" teachings and guidance have embraced the idea of good
thoughts, good words, and good deeds, even toward non-Iranian tribes and
peoples, they have demonstrated fair and benevolent behavior. Justice, freedom
of thought, kindness, nobility, and forgiveness were regarded as the highest
human virtues. These moral and legal principles, fortunately, remain steadfast
and enduring in the very nature and instincts (1. inherited customs) of Aryan
peoples, including Tajiks and Iranians, even currently. Treatment of women and
respect for their human rights was one of the noble ethical principles of the
ancestors. Women were treated with justice and fairness, their rights and
dignities were held in high esteem-both within the family and in recognition of
their humanity and particularly moral and spiritual virtues of men. Such moral
and legal standards can still be observed to some extent in Eastern countries,
including Muslim nations, however, historical foundations of these principles,
sadly, remain unknown to majority of people due to ignorance.
In
order to clarify historical foundations of respect for women’s rights and
status, it is necessary to examine the role of women in the countries of Aryan
ancestors, where they held a higher position than men are in human society.
During that period, management of tribes and clans’ affairs was entrusted to
women, and as a result, women attained spiritual leadership. The genealogical
lines of families and tribes were traced through the name of a woman, as women
were considered the bearers of tribe’s bloodline and were regarded as its
purest form. It is noteworthy that during the matriarchal period, women had a
more significant role in agricultural and economic activities. Men viewed women
as symbols of abundance and prosperity. As a result, both women and men would
equally choose a leader or chief of the tribe and make decisions regarding war
and peace. In matriarchal society, women of Aryan-descended tribes were
well-versed in secrets and mysteries of agriculture, cultivated and harvested
wheat, built homes, and carried out basic handcraft and industrial activities.
The
equality of men and women in the early Aryan tribes was rooted in the belief
that Ahura Mazda created both men and women free, equal, and respected.
According to this belief, both were formed from the same essence, lifted from
the earth, and developed in the same way into human beings. Ahura Mazda spoke
to them in the same language, establishing the same laws and principles for
them, saying: “You are fathers and mothers of the world people. I have created
you pure and perfect. Engage in your work with piety and justice. Be of good thought,
good speech, and good action” [6, verse 122].
Two
strong ethical and legal aspects are embedded in this statement. The first is
the spirit of piety, that is, purity, integrity, and the act of justice, which
are essential conditions of ethics and law. The second aspect encompasses three
great moral principles of our ancestors: Good Thought, Good Speech, and Good
Deeds, which have shaped the world’s understanding and conduct to this day.
According to all scholars’ teachings and views Ahura Mazda and "Avesta"
of Zoroaster, the first idea shared by men and women was that each of us should
promote happiness and friendship for others. This principle highlights profound
ethical and legal humanitarian thoughts of our ancestors. If we deeply consider
the content of “Avesta”, it becomes clear that the status of women in our
ancient religion was equal to that of men. Everywhere, both the names of women
and men are mentioned alongside one another, and the age of maturity is the
same for both, so that both would feel responsibility of fulfilling their
religious and social duties at the same stage of life. This way of thinking of
our ancestors has a strong legal aspect and should be taken as an example.
Pious men and women both are equally mentioned, and they are considered equal
in religious acts as well in “Avesta”.
Zoroaster
regarded the respect for women as a duty and their degradation or humiliation,
weakness and inferiority of women viewed as contrary to reason. In his
teachings, he emphasized the sanctity and reverence for the status of women,
believing that both men and women should accept each other with respect and
responsibility. The status of women in Zoroastrianism was not only equal to
that of men within the family but also in society and even in political and
religious matters. Zoroaster granted women the right to participate in
religious and communal activities, as well as to hold leadership and ruling
positions. As history shows, at the beginning of human social life, women, in
general, held a superior position and were afforded extraordinary respect
worldwide, among Aryan people, women enjoyed a particularly prominent status.
This is why, especially during matriarchal period up to the Iron Age, women
played a central role in resolving issues of tribe and clan, symbolizing the
link that united these groups and ensured peace and prosperity. According to B.
Gafurov’s opinion: “At the end of the Middle Paleolithic and the Upper
Paleolithic, tribal societies—primitive communes based on kinship and clan organization-emerged.
This was a matriarchal social structure in which women held a very high
position' [3, 33].
The
Orientalist Andre Gerard Ghirshman writes: “Iranian people, in their historical
interpretation of their early origins, portrayed the first human, a woman who,
besides having a role equal to men in all affairs (labors), enjoyed special
privileges in life, depicted the first woman, the mother of all life, as a
divine figure, and conceptualized her understanding through idolization. The
statues, numerous excavations by archaeologists in historical regions, depict
women as various goddesses, confirming this truth” [13]. Excavations in Susa
and research based on inscriptions and stones from the Elamite period have
revealed that women in that era were praised as symbolic connectors and held a
respected social position. Description of women in Elamite stone carvings and
statues convey a wealth of important religious and social symbols, underscoring
that, within Elamite culture, women were not merely confined to domestic duties
but were also revered for their philosophical and spiritual roles, granted
equality with men in both realms.
These
divine symbols, which manifest through the forms of women and their elevation
into deities or honored figures embodied in statues, stand as testimony to
culture and social framework of Elamites. Moreover, certain studies indicate
that, particularly when compared with other contemporary civilizations, the
Elamites placed women in a distinct and autonomous position. They regarded
women not only as mothers and wives but also as guardians of social, moral, and
divine values.
According
to historians, during the third and second millennia, the role of women in many
ancient civilizations, including ancient Elamite society, was often considered
superior to that of men, with the path to kingship passing through the maternal
line. This distinctive right, held by women and mothers in that era, finds a
broader reflection in Ferdowsi’s “Shahnameh”. Both “Avesta” and “Shahnameh”
allude to such customs, exemplified by the birth of Manuchehr, who emerged from daughter of
Eraj’s wife and later avenges his grandfather by confronting Salm and Tur, this
narrative underscores the significant, even sacred, role of women in shaping
rulers and empires destinies.
Five
hundred years before the Common Era, when the Elamite civilization had reached
an advanced stage of urbanization, spiritual status of women remained largely
consistent with the earlier periods. During this time, the Elamite state held remarkable
power, a similar high social status for women can also be observed during the
reign of Median kings (in present-day Azerbaijan). In this regard, ideas of
historian I.M. Dyakonov are particularly insightful. He writes: “The period in
which cities and fortresses with stone walls were established, and
administrative offices were organized, marks the end of ancient historical
phase (pre-Common Era) and transition to a new phase characterized by marital
unity, where the equality and partnership between husband and wife were
recognized. Consequently, a new era of historical transformation began, which
gradually led to a decline of women’s influence in relation to men. This phase
can be seen as a transition between the era of monarchy and emergence of paternal
authority, the effects of which gradually became apparent. After this period,
while familial and even social status of women in Median states remained
largely intact, their rights and privileges were somewhat diminished compared
to earlier times” [6].
In
that era, women were not subjected to veils or head coverings that symbolized
deprivation of social and economic participation. They collaborated with men in
all aspects of life and took part in public assemblies. Social status and
position of women had declined compared to earlier times during Achaemenids
period, rights and opportunities outside home and in society were not
comparable to those of men in certain ways, however the position of women
remained, to a large extent, humane and just, to extent that its social
foundations persisted until the Parthian era and the end of the Sassanid period
(up to Arab conquest - D.M.), and even in social texts of the periods that
followed. In the Achaemenid period, as in the era before the advent of
Zoroastrianism, women moved freely with uncovered faces, Queens, as sovereigns,
sat on thrones, and in general, women played a significant role in political
affairs. The Greek scholar Plutarch writes: "The will of the king and
queen during the Achaemenid era was aligned, and the women of the royal court
wielded great influence, with kings listening to their counsel" [15].
The
status of women and their equal rights with men, according to philosophy of
Cyrus the Great—who authored the first Charter of Human Rights was based on a
revered and lofty principle, he advised
his sons always heed the counsel of their mother in all matters. Darius the
Great, in turn, consistently sought the counsel and assistance of his wife,
whether in the early days of his reign or during the initial stages of warfare,
Queen Atossa (the wife of Darius) she herself ascended the throne. The equality
of women and men in the time of Cyrus the Great was a distinguishing feature of
his era, as it reflected his broader vision of equality for all in politics and
human rights. His declaration not only recognized women’s rights as equal to
men’s in political and social spheres but also brought about a pivotal
transformation in the history of human rights, laying the groundwork for the
formal recognition and acceptance of universal human rights. During the
Achaemenid period, approximately seventy percent of women were engaged in
productive and labor-intensive activities alongside men, receiving wages
comparable to those of their male counterparts that is, they were compensated
equally. Women were also visible in public and military affairs, actively
participating in battles and confronting enemies. Men could not impose their
will upon them. In this era, women held a high status and enjoyed equal rights
with men. They contributed not only to social and economic life but also played
significant roles in political and religious spheres. Queens and women at court
had considerable influence, and they engaged in political and diplomatic
activities on equal footing with men. Historical research and sources indicate
that gender equality and respect for women were key characteristics of
Achaemenid culture.
In
the book "Ancient Persia", Greek historian Diodorus recounts a
fascinating tale: "In the fourth century BCE (Before Common Era), Hashiyor
III (Ardasher the third Achaemenid, son of Doro - D.M.) was the king. The lands
under his rule were home to numerous tribes and nations, each with its own
sovereign authority. Hashiyor III, aside from extracting tribute from them, did
not interfere with their internal affairs or customs. There existed a region
called Coria, situated within the confines of Asia Minor, which, though under
suzerainty of Achaemenids, retained its own distinct customs and sovereignty
during that era. Among their customs was
the practice of a son who wished to ascend to the throne after the death of his
father, he was required to marry his own sister. This was a customary tradition
among them. When the king of Coria passed away, his son, Mausolus, was destined
to inherit the throne. Mausolus had a sister, Artemisia (Artemida - D.M.),
known for her wisdom and cunning, whom he married to, thereby ascending to the
throne as king. After some time, Mausolus passed away, and Artemisia wished to
bury him in a truly exceptional manner. Therefore, she had the king’s body
cremated, mixed his ashes with rosewater, and for two years, she slowly
consumed this blend of sorrow and mourning, carrying it within her. In memory
of her husband, she constructed such a magnificent tomb that it became one of
the Seven Wonders of the Ancient World. This tomb, known as the Mausoleum at
Halicarnassus, still stands today in his capital. Artemisia named the tomb
after her husband, Mausolus, and the term Mausoleum as a monumental burial
place originated from this very structure” [7].
King
Ashurshahi III did not interfere with this act of spirit, and Artemisia, in her
decisions, exercised full autonomy, diligently honoring the rights she had
inherited upon her husband's death and she upheld them with great dignity. The
status and rights of women during the Parthian period did not attain the same
prominence as in Median and Achaemenid eras. The limitations on women's rights,
as discussed by historians, predominantly concern the upper echelons of society
during this period; however, these restrictions had little to no effect on the
lower social classes.
During
this period, women such as Anahita, who held influence within society, were
respected and enjoyed high status. The views of Queen Dotamin during the reign
of Queen Muzo, under the rule of Farhod
IV and Farhod V, serve as an evidence of enduring presence of women in
the governance of state and politics. Farhod V even had the image of Queen Muzo
minted on his coins. During the Sassanid period, the role of Anahita, alongside
that of Ahura Mazda, can be seen as a symbol of grandeur in kings coronation
rituals, depicted on the stone carvings of Bostan and Rustam’s image. This it
underscores long-standing tradition of reverence for women, embodying Anita’s
figure as an almost angelic being. Particularly noteworthy is the fact that the
Sassanids rose to imperial power partly due to their service in Anahita’s
temple (Anahita - Nahid - D.M.).
During
the Sassanid era, Anahita’s depiction alongside with Ahura Mazda in royal
coronation ceremonies, as seen on stone reliefs at Bustan and image of Rustam,
underscores significant role she played in the royal ideology, this
representation not only reflects a deep-seated tradition of honoring women but
also elevates Anahita to a divine, angelic figure, notably, the Sassanid
dynasty ascended to kingship through their service in Anahita’s temple (Anahita
- Nahid), further emphasizing symbiotic relationship between religious devotion
and political power. In this regard, narrative of an angel Ardavi Sur? Anahita,
as described in the “Avesta” is particularly intriguing. Anahita symbolizes
purity, perfection, and the light of the world, she is an angelic guardian of
pure waters. In “Yasna” chapter of the Avesta, she is described as:
“From
the first divine herald, she shall descend,
Ardavi
Sura Anahita, her radiance to send.
She
comes, pure, from the heavens on high,
A
celestial guardian, as light fills the sky.
Four
snow-white steeds bear her across the earth,
A
vision of grace, of rebirth and worth.
Ardavi
Sura, her countenance bright,
A
reflection of warmth, like the sun's golden light.
Her
gaze—bewitching, with beauty untold,
Her
face like a gem, in colors of gold.
Her
crown, a crystal beam, clear and true,
A
symbol of purity, as the heavens renew.
In
that time, the Sushiyonis shall rise,
Guided
by Anahita, beneath her skies.
The
fields will bloom, lush and green,
And
from the harvest, peace shall be seen" [7].
A
notable tradition prevailed within the household in caring and upbringing of
newborn children up to the age of five during Archenemies and Sassanid’s eras,
they were entrusted solely to women and mothers. This custom, intriguingly, has
endured in many households to the present day. The lineage of a child,
especially through the maternal line, was regarded with great importance. No
one held the authority to reprimand women arbitrarily. Daughters were so
cherished and esteemed that they were not wed to individuals deemed non-Aryan.
Women held prominent positions in the political, social, and religious spheres
of society, reaching as high as the rank of sultan. They not only participated
in military campaigns but were also capable of assuming command, as exemplified
by Gorduia (the sister of Bahram Chubin), who took on the responsibility of
leading the army under Ardashir. Furthermore, women such as Dinak, Purandokht,
and Azarshidukht ascended to the throne and ruled as sovereigns for periods in
Persia, illustrating an exceptional political agency of women in this era.
A.
Christensen writes about that period: “The conduct of men toward women
reflected a certain level of respect and reverence, resembling the refined
manners of the XVIII century. Women were not only familiar with domestic
responsibilities but also well versed in moral principles and religious laws of
“Avesta”. In both their private family lives and in society, they enjoyed a
degree of freedom in their actions” [5]. In “Motikoni Hazor Doston” is recorded
that during the Sassanid era, women were held in high esteem, their status
dignified and almost equal to that of men, they were entrusted with significant
responsibilities, even in matters of judgment, and were often called upon to
render their voice in the most consequential debates. In the Sassanid era, a
father could not force his daughter into marriage without her consent. The
daughter, in turn, had the right to marry without her father’s permission, even
if it went against his wishes. Moreover, if a daughter had no income of her
own, a father was obligated to cover her expenses, ensuring her financial
support. The share of a woman or daughter in the family’s wealth was protected
from plunder, and she held the right to be acknowledged, attend legal
proceedings and defend herself against any accusations or claims made against
her. A woman had the right to reject the testimony of the head of the household
or her husband in a trial. She could engage in transactions and manage her
affairs independently. Furthermore, a woman held property rights and was
capable of managing her own possessions. Under the law, she could in some
cases, act on behalf of her husband in legal matters, overseeing personal
affairs in his name. In certain circumstances, a woman could even perform
religious ceremonies in place of the mobads (Zoroastrian priests), assuming
their role in sacred rites.
The
ancient Aryans and our pre-Islamic ancestors gave to marriage an extraordinary
importance. They believed that society was built upon the foundation of family
and marriage, and that when the foundation of matrimonial life was solid and
based on just and lawful principles, it would result in harmonious and wise
relationships within the household. As a result, parents would succeed in
raising their children, who would grow into healthy and virtuous individuals,
contributing positively to society. Marriage in our ancient religion was
regarded as a sacred and profoundly significant act. Marriage was intrinsically
linked to social stability, human rights, and the honor of the family, playing
a crucial role in preserving the law and the moral fabric of society in Aryans
and pre-Islamic era. In the Aryan territories, marriage was not merely a bond
between two individuals but a vital component of political, social, and
religious development of the community. According to Zoroastrian faith, the
union of marriage is not solely established in physical realm, but also deeply
intertwined within the spiritual connection between husband and wife. This
signifies that, in Zoroastrian doctrine, marriage is understood as a sacred
bond and a spiritual unity, founded upon principles of respect, love, and
mutual spiritual fulfillment. Zoroastrian teachings emphasize that a husband
and wife should be united not only in their physical beings but also in their
souls and virtues, essentially, marriage is viewed as a reflection of a harmonious,
reciprocal relationship, symbolizing equality and balance between both
partners.
Extensive
records and profound scholarly investigations reveal that the social practices,
interpersonal relationships, and legal standings of ancient peoples demonstrate
that principles of social conduct upheld by the Aryan ancestors our esteemed
forebears were grounded in justice and a profound respect for human dignity.
These foundational values held such intrinsic worth that they set the standard
for other civilizations across the globe. The reverence for an individual,
especially for women whose characteristics of freedom and moral integrity
abound has endured from antiquity to the present day among the people of this
land. Just as respect was given to fathers, brothers, and sons, with their
rights were upheld, the same respect and rights were also granted to mothers,
sisters, and daughters. These reflections suggest that, with regard to the
rights and social status of women, as vividly portrayed in timeless “Shahnameh”
of Ferdowsi, the ethical values and pre-Islamic legal traditions of our
ancestors held a prominent and profound influence.
The
article highlights the nuanced portrayal of women in Persian literature,
particularly in the context of legal and moral frameworks. In
"Shahnameh," Ferdowsi weaves a complex narrative where women are
depicted as both powerful figures and vulnerable individuals, with varying
degrees of agency. The epic reflects matriarchal and patriarchal norms of that
time, yet it also reveals the moral and legal implications of women's roles,
rights, and social standing in the ancient Persian world. In conclusion,
Ferdowsi's "Shahnameh" is not only a literary masterpiece but also an
important historical document reflecting complex legal and moral landscapes of
the past, with a particular emphasis on women's status and awareness. It
provides valuable insights into the legal traditions of ancient Persia and
raises important questions about gender, justice, and societal norms that are
still relevant today.