Women Fiqh - Revision history

M.zandi at 13:31, 1 September 2026

2026-09-01T13:31:51Z

← Older revision		Revision as of 13:31, 1 September 2026
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	=== Reducing Distinctions by Rethinking Usuli Rules ===		=== Reducing Distinctions by Rethinking Usuli Rules ===
	This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. According to this attitude, some common principles may not be efficient for meeting the needs of our time. Citing new foundations such as the [[Authority of presumptive reason]] (Hujjiyyah of Aql-e Zanni) alongside verbal religious evidence, or revising the authority of the hadith narrated by a single trustworthy person only (Khabar Wahid) are examples of this efforts that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "~~Authority~~ of ~~Speculative Reason~~ in ~~Fiqhi Inference~~", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>		This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. According to this attitude, some common principles may not be efficient for meeting the needs of our time. Citing new foundations such as the [[Authority of presumptive reason]] (Hujjiyyah of Aql-e Zanni) alongside verbal religious evidence, or revising the authority of the hadith narrated by a single trustworthy person only (Khabar Wahid) are examples of this efforts that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "The authority of reasonableness in jurisprudential deduction", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>

	In this context, [[Muhammad Sadeqi Tehrani]] does not consider Tradition (Sunnah) to be even a presumptive evidence due to problems such as objections in the chain of narratives the (Rijal), lack of Tawatur (abundant transmission), contradiction and conflict of them, possibility of fabrication, possibility of Taqiyyah (prudence and dissimulation), quotation of the content of words, and possibility of fragmentation. He believes that the Quran, i.e. its appearances and explicitly texts, is the main reference for inferring rulings, and it is at the highest level because it does not have the problems mentioned.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money\|issue of blood money]], based on strong opposition to the famous hadith of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So if anyone commits aggression against you, attack him as he attacked you" ([[Verse 194 of Surah Al-Baqarah\|Quran 2:134]]) and "an equal wound for a wound" ([[Verse 45 of Surah Al-Ma'idah\|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned hadith and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>		In this context, [[Muhammad Sadeqi Tehrani]] does not consider Tradition (Sunnah) to be even a presumptive evidence due to problems such as objections in the chain of narratives the (Rijal), lack of Tawatur (abundant transmission), contradiction and conflict of them, possibility of fabrication, possibility of Taqiyyah (prudence and dissimulation), quotation of the content of words, and possibility of fragmentation. He believes that the Quran, i.e. its appearances and explicitly texts, is the main reference for inferring rulings, and it is at the highest level because it does not have the problems mentioned.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money\|issue of blood money]], based on strong opposition to the famous hadith of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So if anyone commits aggression against you, attack him as he attacked you" ([[Verse 194 of Surah Al-Baqarah\|Quran 2:134]]) and "an equal wound for a wound" ([[Verse 45 of Surah Al-Ma'idah\|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned hadith and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>

M.zandi: /* References */

2026-09-01T13:30:47Z

References

← Older revision		Revision as of 13:30, 1 September 2026
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	Shajarian, Mahdi, "[https://fh.smhi.ir/article_192705_ab76ddef249db1a0b8bc0b804f0d0852.pdf Gender Justice and the Desirable Fiqhi Approach in the Realm of Governance]", ''Fiqh-e Hukumati'', No. 13, 1401 SH.		Shajarian, Mahdi, "[https://fh.smhi.ir/article_192705_ab76ddef249db1a0b8bc0b804f0d0852.pdf Gender Justice and the Desirable Fiqhi Approach in the Realm of Governance]", ''Fiqh-e Hukumati'', No. 13, 1401 SH.

	Shajarian, Mahdi, "[https://religion.mofidu.ac.ir/article_720252_a7bfb81e1c49b5049a584e47c8199597.pdf ~~Authority~~ of ~~Speculative Reason~~ in ~~Fiqhi Inference~~]", ''Religion and Contemporary World Biannual'', No. 20, 1403 SH.		Shajarian, Mahdi, "[https://religion.mofidu.ac.ir/article_720252_a7bfb81e1c49b5049a584e47c8199597.pdf The authority of reasonableness in jurisprudential deduction]", ''Religion and Contemporary World Biannual'', No. 20, 1403 SH.

	Shafiei, Ali and Mohammad Reza Kazemi Galvardi and Mansour Amirzadeh, "[https://jfiqh.um.ac.ir/article_40303_8ed0a72b50d9916ee77bfb29f503821b.pdf Critical Reading of the Traditional Fiqh Approach to Women's Rights (Foundations and Challenges)]", ''Fiqh and Usul'', No. 133, 1402 SH.		Shafiei, Ali and Mohammad Reza Kazemi Galvardi and Mansour Amirzadeh, "[https://jfiqh.um.ac.ir/article_40303_8ed0a72b50d9916ee77bfb29f503821b.pdf Critical Reading of the Traditional Fiqh Approach to Women's Rights (Foundations and Challenges)]", ''Fiqh and Usul'', No. 133, 1402 SH.

M.zandi: /* Reducing Distinctions by Rethinking Usuli Rules */

2026-09-01T13:29:57Z

Reducing Distinctions by Rethinking Usuli Rules

← Older revision		Revision as of 13:29, 1 September 2026
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	=== Reducing Distinctions by Rethinking Usuli Rules ===		=== Reducing Distinctions by Rethinking Usuli Rules ===
	This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. According to this attitude, some common principles may not be efficient for meeting the needs of our time. Citing new foundations such as the [[Authority of ~~speculative~~ reason]] (Hujjiyyah of Aql-e Zanni) alongside verbal religious evidence, or revising the authority of the hadith narrated by a single trustworthy person only (Khabar Wahid) are examples of this efforts that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "Authority of Speculative Reason in Fiqhi Inference", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>		This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. According to this attitude, some common principles may not be efficient for meeting the needs of our time. Citing new foundations such as the [[Authority of presumptive reason]] (Hujjiyyah of Aql-e Zanni) alongside verbal religious evidence, or revising the authority of the hadith narrated by a single trustworthy person only (Khabar Wahid) are examples of this efforts that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "Authority of Speculative Reason in Fiqhi Inference", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>

	In this context, [[Muhammad Sadeqi Tehrani]] does not consider Tradition (Sunnah) to be even a ~~uncertain proof~~ due to problems such as objections in the chain of narratives the (Rijal), lack of Tawatur (abundant transmission), contradiction and conflict of them, possibility of fabrication, possibility of Taqiyyah (prudence and dissimulation), quotation of the content of words, and possibility of fragmentation. He believes that the Quran, i.e. its appearances and explicitly texts, is the main reference for inferring rulings, and it is at the highest level because it does not have the problems mentioned.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money\|issue of blood money]], based on strong opposition to the famous hadith of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So if anyone commits aggression against you, attack him as he attacked you" ([[Verse 194 of Surah Al-Baqarah\|Quran 2:134]]) and "an equal wound for a wound" ([[Verse 45 of Surah Al-Ma'idah\|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned hadith and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>		In this context, [[Muhammad Sadeqi Tehrani]] does not consider Tradition (Sunnah) to be even a presumptive evidence due to problems such as objections in the chain of narratives the (Rijal), lack of Tawatur (abundant transmission), contradiction and conflict of them, possibility of fabrication, possibility of Taqiyyah (prudence and dissimulation), quotation of the content of words, and possibility of fragmentation. He believes that the Quran, i.e. its appearances and explicitly texts, is the main reference for inferring rulings, and it is at the highest level because it does not have the problems mentioned.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money\|issue of blood money]], based on strong opposition to the famous hadith of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So if anyone commits aggression against you, attack him as he attacked you" ([[Verse 194 of Surah Al-Baqarah\|Quran 2:134]]) and "an equal wound for a wound" ([[Verse 45 of Surah Al-Ma'idah\|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned hadith and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>

	== Footnotes ==		== Footnotes ==

M.zandi: M.zandi moved page Women's Fiqh to Women Fiqh

2026-08-27T12:26:40Z

M.zandi moved page Women's Fiqh to Women Fiqh

← Older revision		Revision as of 12:26, 27 August 2026
(No difference)

M.zandi at 13:55, 25 August 2026

2026-08-25T13:55:26Z

← Older revision		Revision as of 13:55, 25 August 2026
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	=== Acts of Worship ===		=== Acts of Worship ===
	Although some scholars think the worship rulings in Women Fiqh does not require as much discussion as other topics,<ref>Alavitabar, "Religious Intellectualism and Women's Fiqh", p. 36.</ref> this does not mean this area is absolutely ignored. For instance, the worship rulings with social functions that have been challenged in the contemporary world are addressed in Women Fiqh. For example, a number of researchers critique the traditional claims on desirability of women avoiding presence in gatherings and subsequently in collective worship, arguing that these acts of worship have important social, cultural, and political functions in the contemporary world, and therefore it might be a "double deprivation" for women deproved of this capacity. They also challenge the prohibition of women's Imamate for men and, citing the opinion of some contemporary jurists such as [[Ayatollah Montazeri]],<ref>Montazeri, ''Dirasat fi Wilayat al-Faqih wa Fiqh al-Dawlah al-Islamiyyah'', Vol. 1, p. 361.</ref> claim that there is no valid evidence based on ~~Hadiths~~ for this prohibition.<ref>Shafiei et al., "Critical Reading of the Traditional Fiqh Approach to Women's Rights (Foundations and Challenges)", pp. 139-140.</ref>		Although some scholars think the worship rulings in Women Fiqh does not require as much discussion as other topics,<ref>Alavitabar, "Religious Intellectualism and Women's Fiqh", p. 36.</ref> this does not mean this area is absolutely ignored. For instance, the worship rulings with social functions that have been challenged in the contemporary world are addressed in Women Fiqh. For example, a number of researchers critique the traditional claims on desirability of women avoiding presence in gatherings and subsequently in collective worship, arguing that these acts of worship have important social, cultural, and political functions in the contemporary world, and therefore it might be a "double deprivation" for women deproved of this capacity. They also challenge the prohibition of women's Imamate for men and, citing the opinion of some contemporary jurists such as [[Ayatollah Montazeri]],<ref>Montazeri, ''Dirasat fi Wilayat al-Faqih wa Fiqh al-Dawlah al-Islamiyyah'', Vol. 1, p. 361.</ref> claim that there is no valid evidence based on hadiths for this prohibition.<ref>Shafiei et al., "Critical Reading of the Traditional Fiqh Approach to Women's Rights (Foundations and Challenges)", pp. 139-140.</ref>

	=== Emerged Issues ===		=== Emerged Issues ===
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	[[Nasser Makarem Shirazi]], a Shia Marja, explains the specific edict of 'Iddah (period of waiting) for women expressly on this idea. He believes that one cannot certainly understand the wisdom of divine rulings, and what is said in this regard is merely to facilitate reasonable acceptance. The fundamental point, in his opinion, is that the All-Wise God with absolute knowledge and wisdom have issued these commends, hence these are to be accepted "devotionally" without question and it must be believed that they are the most complete commands could be issued.<ref>Makarem Shirazi, "Philosophy of Divorce and Death 'Iddah", contained in Ayatollah Makarem's website.</ref>		[[Nasser Makarem Shirazi]], a Shia Marja, explains the specific edict of 'Iddah (period of waiting) for women expressly on this idea. He believes that one cannot certainly understand the wisdom of divine rulings, and what is said in this regard is merely to facilitate reasonable acceptance. The fundamental point, in his opinion, is that the All-Wise God with absolute knowledge and wisdom have issued these commends, hence these are to be accepted "devotionally" without question and it must be believed that they are the most complete commands could be issued.<ref>Makarem Shirazi, "Philosophy of Divorce and Death 'Iddah", contained in Ayatollah Makarem's website.</ref>

	Fariba Alasvand, a researcher in Women Fiqh, also considers the main solution in facing women's Fiqhi rulings to be strengthening the foundations of theology and "the devotion principle." According to her, since many rulings have been found in ~~Hadiths~~ and sira of the Ahl al-Bayt without mentioning any cause or wisdom, the right way is to strengthen the belief in the All-Knowing, All-Wise, and Omnibenevolent God. She likens this approach to the trust of the Prophet's (PBUH) companions in his trustworthiness and believes that just as they were certain of the truthfulness of his speech, believers must also trust the source of the revelation and submit to the unseen news that has been notified as rulings and they should not torment themselves with trivial matters.<ref>Alasvand, "A Cursory Look at Foundations and Differences in Women Fiqh", pp. 20-21.</ref>		Fariba Alasvand, a researcher in Women Fiqh, also considers the main solution in facing women's Fiqhi rulings to be strengthening the foundations of theology and "the devotion principle." According to her, since many rulings have been found in hadiths and sira of the Ahl al-Bayt without mentioning any cause or wisdom, the right way is to strengthen the belief in the All-Knowing, All-Wise, and Omnibenevolent God. She likens this approach to the trust of the Prophet's (PBUH) companions in his trustworthiness and believes that just as they were certain of the truthfulness of his speech, believers must also trust the source of the revelation and submit to the unseen news that has been notified as rulings and they should not torment themselves with trivial matters.<ref>Alasvand, "A Cursory Look at Foundations and Differences in Women Fiqh", pp. 20-21.</ref>

	=== Effort to Justify Distinctions ===		=== Effort to Justify Distinctions ===
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	=== Reducing Distinctions by Rethinking Fiqhi Evidence ===		=== Reducing Distinctions by Rethinking Fiqhi Evidence ===
	Unlike the three previous approaches, this one directly intervenes in the issuing fatwa phase and achieves similar fatwas for men and women by critical reviewing of the evidence, namely objections to the indication of ~~Hadith~~ (Dalalah) or chain of narratives (Sanad). Along this line [[Mohammad-Ebrahim Jannati Shahroudi]] says: "Holding the position of judgeship by a woman, provided she has the conditions, is not impeded. Also, holding other positions such as social, political, scientific, cultural, artistic, managerial positions, presidencies, etc. is permissible for women provided they have the capability to perform them and maintain Sharia standards regarding covering and otherwise."<ref>Jannati, Selected Fatwas, contained in the information website of Ayatollah Jannati.</ref> This approach is committed to common usuli methods among jurists and holds that new opinions could be derived from the same common methods by rethinking the evidence.		Unlike the three previous approaches, this one directly intervenes in the issuing fatwa phase and achieves similar fatwas for men and women by critical reviewing of the evidence, namely objections to the indication of hadith (Dalalah) or chain of narratives (Sanad). Along this line [[Mohammad-Ebrahim Jannati Shahroudi]] says: "Holding the position of judgeship by a woman, provided she has the conditions, is not impeded. Also, holding other positions such as social, political, scientific, cultural, artistic, managerial positions, presidencies, etc. is permissible for women provided they have the capability to perform them and maintain Sharia standards regarding covering and otherwise."<ref>Jannati, Selected Fatwas, contained in the information website of Ayatollah Jannati.</ref> This approach is committed to common usuli methods among jurists and holds that new opinions could be derived from the same common methods by rethinking the evidence.

	The usuli rule of "priority of Quran over ~~Hadiths~~ in case of conflict" was also cited by [[Yousef Saanei]] in the issue of unequal retaliation (Qisas) of a man against a woman. He believes that some Quranic verses explicitly implies [[Equality of retaliation for men and women\|equality of retaliation for men and women]]. Consequently, it is difficult to act upon ~~Hadiths~~ that rule on inequality and make the retaliation of a woman against a man contingent upon paying half the man's blood money to his next of kin, because this is explicitly opposite to the Quran.<ref>Saanei, ''Equality of Retaliation'', p. 43.</ref> Regarding the inequality of blood money for men and women, he examines, in detail, three categories of ~~Hadiths~~ that are the basis of the famous fatwa on this ruling and objects to the indication or chain of narratives of all these ~~Hadiths~~ and tries to reject the validity of these ~~Hadiths~~ using the same accepted Fiqhi rules. Finally, citing absolute and general verses of Quranic, he issues a fatwa on [[Equality of blood money for men and women\|equality of blood money for men and women]].<ref>Saanei, ''Equality of Blood Money'', pp. 36-59.</ref>		The usuli rule of "priority of Quran over hadiths in case of conflict" was also cited by [[Yousef Saanei]] in the issue of unequal retaliation (Qisas) of a man against a woman. He believes that some Quranic verses explicitly implies [[Equality of retaliation for men and women\|equality of retaliation for men and women]]. Consequently, it is difficult to act upon hadiths that rule on inequality and make the retaliation of a woman against a man contingent upon paying half the man's blood money to his next of kin, because this is explicitly opposite to the Quran.<ref>Saanei, ''Equality of Retaliation'', p. 43.</ref> Regarding the inequality of blood money for men and women, he examines, in detail, three categories of hadiths that are the basis of the famous fatwa on this ruling and objects to the indication or chain of narratives of all these hadiths and tries to reject the validity of these hadiths using the same accepted Fiqhi rules. Finally, citing absolute and general verses of Quranic, he issues a fatwa on [[Equality of blood money for men and women\|equality of blood money for men and women]].<ref>Saanei, ''Equality of Blood Money'', pp. 36-59.</ref>

	=== Reducing Distinctions by Rethinking Usuli Rules ===		=== Reducing Distinctions by Rethinking Usuli Rules ===
	This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. According to this attitude, some common principles may not be efficient for meeting the needs of our time. Citing new foundations such as the [[Authority of speculative reason]] (Hujjiyyah of Aql-e Zanni) alongside verbal religious evidence, or revising the authority of the single ~~Hadith~~ (Khabar Wahid) are examples of this efforts that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "Authority of Speculative Reason in Fiqhi Inference", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>		This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. According to this attitude, some common principles may not be efficient for meeting the needs of our time. Citing new foundations such as the [[Authority of speculative reason]] (Hujjiyyah of Aql-e Zanni) alongside verbal religious evidence, or revising the authority of the hadith narrated by a single trustworthy person only (Khabar Wahid) are examples of this efforts that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "Authority of Speculative Reason in Fiqhi Inference", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>

	In this context, [[Muhammad Sadeqi Tehrani]] does not consider Tradition (Sunnah) to be even a uncertain proof due to problems such as objections in the chain of narratives the (Rijal), lack of Tawatur (abundant transmission), contradiction and conflict of them, possibility of fabrication, possibility of Taqiyyah (prudence and dissimulation), quotation of the content of words, and possibility of fragmentation. He believes that the Quran, i.e. its appearances and explicitly texts, is the main reference for inferring rulings, and it is at the highest level because it does not have the problems mentioned.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money\|issue of blood money]], based on strong opposition to the famous ~~Hadith~~ of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So if anyone commits aggression against you, attack him as he attacked you" ([[Verse 194 of Surah Al-Baqarah\|Quran 2:134]]) and "an equal wound for a wound" ([[Verse 45 of Surah Al-Ma'idah\|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned ~~Hadith~~ and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>		In this context, [[Muhammad Sadeqi Tehrani]] does not consider Tradition (Sunnah) to be even a uncertain proof due to problems such as objections in the chain of narratives the (Rijal), lack of Tawatur (abundant transmission), contradiction and conflict of them, possibility of fabrication, possibility of Taqiyyah (prudence and dissimulation), quotation of the content of words, and possibility of fragmentation. He believes that the Quran, i.e. its appearances and explicitly texts, is the main reference for inferring rulings, and it is at the highest level because it does not have the problems mentioned.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money\|issue of blood money]], based on strong opposition to the famous hadith of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So if anyone commits aggression against you, attack him as he attacked you" ([[Verse 194 of Surah Al-Baqarah\|Quran 2:134]]) and "an equal wound for a wound" ([[Verse 45 of Surah Al-Ma'idah\|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned hadith and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>

	== Footnotes ==		== Footnotes ==

M.zandi at 13:36, 25 August 2026

2026-08-25T13:36:39Z

Show changes

Sarfipour: /* Reducing Distinctions by Rethinking Usuli Rules */

2026-03-25T10:38:32Z

Reducing Distinctions by Rethinking Usuli Rules

← Older revision		Revision as of 10:38, 25 March 2026
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	This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. This attitude believes that some common principles may not be efficient for answering today's needs. Citing new foundations such as the [[Authority of speculative reason]] (Hujjiyyah of Aql-e Zanni) alongside tradition or revising the authority of the single report (Khabar Wahid) are examples of this approach that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "Authority of Speculative Reason in Fiqhi Inference", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>		This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. This attitude believes that some common principles may not be efficient for answering today's needs. Citing new foundations such as the [[Authority of speculative reason]] (Hujjiyyah of Aql-e Zanni) alongside tradition or revising the authority of the single report (Khabar Wahid) are examples of this approach that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "Authority of Speculative Reason in Fiqhi Inference", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>

	[[Muhammad Sadeqi Tehrani]], in this vein, does not consider Tradition (Sunnah) to be even a speculative proof due to problems such as the men of the chain (Rijal), lack of Tawatur (mass transmission), contradiction and conflict, possibility of fabrication, possibility of Taqiyyah (dissimulation), transmission by meaning, and possibility of fragmentation, and believes that the appearances and texts of the Quran, due to being free from all these problems, exist in a much stronger rank and must be the main reference in inferring rulings.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money\|issue of blood money]], based on strong opposition to the famous narration of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So whoever has assaulted you, then assault him in the same way that he has assaulted you" ([[Verse 194 of Surah Al-Baqarah\|~~Baqarah~~: ~~194~~]]) and "Wounds equal for equal" ([[Verse 45 of Surah Al-Ma'idah\|~~Ma'idah~~: 45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned narration and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>		[[Muhammad Sadeqi Tehrani]], in this vein, does not consider Tradition (Sunnah) to be even a speculative proof due to problems such as the men of the chain (Rijal), lack of Tawatur (mass transmission), contradiction and conflict, possibility of fabrication, possibility of Taqiyyah (dissimulation), transmission by meaning, and possibility of fragmentation, and believes that the appearances and texts of the Quran, due to being free from all these problems, exist in a much stronger rank and must be the main reference in inferring rulings.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money\|issue of blood money]], based on strong opposition to the famous narration of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So whoever has assaulted you, then assault him in the same way that he has assaulted you" ([[Verse 194 of Surah Al-Baqarah\|Quran 2:134]]) and "Wounds equal for equal" ([[Verse 45 of Surah Al-Ma'idah\|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned narration and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>
	== Footnotes ==		== Footnotes ==
	{{Footnotes}}		{{Footnotes}}

Sarfipour: /* Reducing Distinctions by Rethinking Fiqhi Evidence */

2026-03-25T10:35:12Z

Reducing Distinctions by Rethinking Fiqhi Evidence

← Older revision		Revision as of 10:35, 25 March 2026
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	This approach, unlike the three previous approaches, directly intervenes in the Fatwa stage and achieves egalitarian Fatwas by critical re-reading of evidence and disputing the chain of transmission (Sanad) or indication (Dalalah) of narrations. For example, [[Mohammad-Ebrahim Jannati Shahroudi]], in this very line, believes: "Holding the position of judgeship by a woman, provided she possesses the conditions, is not impeded. For women, holding other positions such as social, political, scientific, cultural, artistic, managerial positions, presidencies, etc., provided they have the capability to perform them and maintain Shari'a standards regarding covering and otherwise, is not problematic."<ref>Jannati, Selected Fatwas, contained in the information website of Ayatollah Jannati.</ref> This approach is committed to following the common Usuli method among jurists and believes that even with the same common methods, rethinking the evidence can lead to new opinions.		This approach, unlike the three previous approaches, directly intervenes in the Fatwa stage and achieves egalitarian Fatwas by critical re-reading of evidence and disputing the chain of transmission (Sanad) or indication (Dalalah) of narrations. For example, [[Mohammad-Ebrahim Jannati Shahroudi]], in this very line, believes: "Holding the position of judgeship by a woman, provided she possesses the conditions, is not impeded. For women, holding other positions such as social, political, scientific, cultural, artistic, managerial positions, presidencies, etc., provided they have the capability to perform them and maintain Shari'a standards regarding covering and otherwise, is not problematic."<ref>Jannati, Selected Fatwas, contained in the information website of Ayatollah Jannati.</ref> This approach is committed to following the common Usuli method among jurists and believes that even with the same common methods, rethinking the evidence can lead to new opinions.

	[[~~Yusef~~ Saanei]] has also utilized the common Usuli rule of "priority of Quranic texts over narrational texts in the assumption of divergence" in the issue of unequal retaliation (Qisas) for men and women. He cites some Quranic verses and believes that their indication of [[Equality of retaliation for men and women\|equality of retaliation for men and women]] is explicit. Consequently, acting upon narrations that look at inequality and make the retaliation of a woman against a man contingent upon paying half the man's blood money to his next of kin is difficult due to explicit opposition to the Quran.<ref>Saanei, ''Equality of Retaliation'', p. 43.</ref> In another example, by detailed examination of three categories of narrations that are the documentation of the famous Fatwa on the inequality of blood money for men and women, he disputes the indication or document of all these narrations and tries to reject the validity of these narrations using the same accepted Fiqhi rules, and finally issues a Fatwa on [[Equality of blood money for men and women\|equality of blood money for men and women]] by citing Quranic generalities and absolutes.<ref>Saanei, ''Equality of Blood Money'', pp. 36-59.</ref>		[[Yousef Saanei]] has also utilized the common Usuli rule of "priority of Quranic texts over narrational texts in the assumption of divergence" in the issue of unequal retaliation (Qisas) for men and women. He cites some Quranic verses and believes that their indication of [[Equality of retaliation for men and women\|equality of retaliation for men and women]] is explicit. Consequently, acting upon narrations that look at inequality and make the retaliation of a woman against a man contingent upon paying half the man's blood money to his next of kin is difficult due to explicit opposition to the Quran.<ref>Saanei, ''Equality of Retaliation'', p. 43.</ref> In another example, by detailed examination of three categories of narrations that are the documentation of the famous Fatwa on the inequality of blood money for men and women, he disputes the indication or document of all these narrations and tries to reject the validity of these narrations using the same accepted Fiqhi rules, and finally issues a Fatwa on [[Equality of blood money for men and women\|equality of blood money for men and women]] by citing Quranic generalities and absolutes.<ref>Saanei, ''Equality of Blood Money'', pp. 36-59.</ref>

	=== Reducing Distinctions by Rethinking Usuli Rules ===		=== Reducing Distinctions by Rethinking Usuli Rules ===

Sarfipour: /* Reducing Distinctions by Rethinking Fiqhi Evidence */

2026-03-25T10:34:31Z

Reducing Distinctions by Rethinking Fiqhi Evidence

← Older revision		Revision as of 10:34, 25 March 2026
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	=== Reducing Distinctions by Rethinking Fiqhi Evidence ===		=== Reducing Distinctions by Rethinking Fiqhi Evidence ===
	This approach, unlike the three previous approaches, directly intervenes in the Fatwa stage and achieves egalitarian Fatwas by critical re-reading of evidence and disputing the chain of transmission (Sanad) or indication (Dalalah) of narrations. For example, [[~~Muhammad Ibrahim~~ Jannati Shahroudi~~\|Muhammad Ibrahim Jannati~~]], in this very line, believes: "Holding the position of judgeship by a woman, provided she possesses the conditions, is not impeded. For women, holding other positions such as social, political, scientific, cultural, artistic, managerial positions, presidencies, etc., provided they have the capability to perform them and maintain Shari'a standards regarding covering and otherwise, is not problematic."<ref>Jannati, Selected Fatwas, contained in the information website of Ayatollah Jannati.</ref> This approach is committed to following the common Usuli method among jurists and believes that even with the same common methods, rethinking the evidence can lead to new opinions.		This approach, unlike the three previous approaches, directly intervenes in the Fatwa stage and achieves egalitarian Fatwas by critical re-reading of evidence and disputing the chain of transmission (Sanad) or indication (Dalalah) of narrations. For example, [[Mohammad-Ebrahim Jannati Shahroudi]], in this very line, believes: "Holding the position of judgeship by a woman, provided she possesses the conditions, is not impeded. For women, holding other positions such as social, political, scientific, cultural, artistic, managerial positions, presidencies, etc., provided they have the capability to perform them and maintain Shari'a standards regarding covering and otherwise, is not problematic."<ref>Jannati, Selected Fatwas, contained in the information website of Ayatollah Jannati.</ref> This approach is committed to following the common Usuli method among jurists and believes that even with the same common methods, rethinking the evidence can lead to new opinions.

	[[Yusef Saanei]] has also utilized the common Usuli rule of "priority of Quranic texts over narrational texts in the assumption of divergence" in the issue of unequal retaliation (Qisas) for men and women. He cites some Quranic verses and believes that their indication of [[Equality of retaliation for men and women\|equality of retaliation for men and women]] is explicit. Consequently, acting upon narrations that look at inequality and make the retaliation of a woman against a man contingent upon paying half the man's blood money to his next of kin is difficult due to explicit opposition to the Quran.<ref>Saanei, ''Equality of Retaliation'', p. 43.</ref> In another example, by detailed examination of three categories of narrations that are the documentation of the famous Fatwa on the inequality of blood money for men and women, he disputes the indication or document of all these narrations and tries to reject the validity of these narrations using the same accepted Fiqhi rules, and finally issues a Fatwa on [[Equality of blood money for men and women\|equality of blood money for men and women]] by citing Quranic generalities and absolutes.<ref>Saanei, ''Equality of Blood Money'', pp. 36-59.</ref>		[[Yusef Saanei]] has also utilized the common Usuli rule of "priority of Quranic texts over narrational texts in the assumption of divergence" in the issue of unequal retaliation (Qisas) for men and women. He cites some Quranic verses and believes that their indication of [[Equality of retaliation for men and women\|equality of retaliation for men and women]] is explicit. Consequently, acting upon narrations that look at inequality and make the retaliation of a woman against a man contingent upon paying half the man's blood money to his next of kin is difficult due to explicit opposition to the Quran.<ref>Saanei, ''Equality of Retaliation'', p. 43.</ref> In another example, by detailed examination of three categories of narrations that are the documentation of the famous Fatwa on the inequality of blood money for men and women, he disputes the indication or document of all these narrations and tries to reject the validity of these narrations using the same accepted Fiqhi rules, and finally issues a Fatwa on [[Equality of blood money for men and women\|equality of blood money for men and women]] by citing Quranic generalities and absolutes.<ref>Saanei, ''Equality of Blood Money'', pp. 36-59.</ref>

Sarfipour: /* Effort to Justify Distinctions */

2026-03-25T10:33:24Z

Effort to Justify Distinctions

← Older revision		Revision as of 10:33, 25 March 2026
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	This approach, while fully accepting the famous Fatwas, goes a step further and employs a theological and philosophical effort to rationally justify distinctions and persuade public opinion, considering itself obliged to provide a rational and wisdom-based support for Fiqhi rulings. This approach is crystallized in the works of individuals such as [[Sayyid Muhammad Husayn Tabatabai\|Allameh Tabatabai]], [[Morteza Motahhari\|Motahhari]], [[Muhammad Taqi Misbah Yazdi\|Misbah Yazdi]], and [[Abdullah Javadi Amoli\|Javadi Amoli]]. In this approach, jurists, while accepting and adhering to famous Fiqhi rulings, try to explain the wisdom and basis of these legal distinctions using rational and theological foundations and answer the doubts and criticisms raised in the modern world.		This approach, while fully accepting the famous Fatwas, goes a step further and employs a theological and philosophical effort to rationally justify distinctions and persuade public opinion, considering itself obliged to provide a rational and wisdom-based support for Fiqhi rulings. This approach is crystallized in the works of individuals such as [[Sayyid Muhammad Husayn Tabatabai\|Allameh Tabatabai]], [[Morteza Motahhari\|Motahhari]], [[Muhammad Taqi Misbah Yazdi\|Misbah Yazdi]], and [[Abdullah Javadi Amoli\|Javadi Amoli]]. In this approach, jurists, while accepting and adhering to famous Fiqhi rulings, try to explain the wisdom and basis of these legal distinctions using rational and theological foundations and answer the doubts and criticisms raised in the modern world.

	For example, Morteza Motahhari, by analyzing [[Men's headship over the family]] (Qawamiyyah) in the ~~Quran (~~[[~~Verse 34 of Surah An-Nisa\|Nisa~~: 34]]), does not consider man's guardianship as his absolute superiority, but relates it to the aggregate of the man's relative advantages in the family structure. In his belief, the expression "bima faddala Allahu ba'dahum ala ba'd" (by what Allah has given one over the other) indicates that each man and woman has their own specific advantages and superiority is mutual.<ref>Motahhari, ''Collection of Works'', Vol. 29, p. 447.</ref> Abdullah Javadi Amoli, in justifying [[Equality of blood money for men and women\|inequality of blood money]], believes this ruling has no relation to the spiritual, scientific, or practical value of individuals, but rather looks at the economic consequences of murder and the man's economic role in the family, emphasizing that just as the blood money of a scientist and an illiterate person is the same, this matter does not indicate a reduction in the woman's status.<ref>Javadi, ''Woman in the Mirror of Glory and Beauty'', pp. 354-355.</ref> Also, Muhammad Taqi Misbah Yazdi considers the wisdom of the difference in accepting [[Women's testimony in court\|women's testimony]] to be related to preserving the rights of individuals. Men, due to difference in creation, are more alert in recording events precisely, and due to less dominance of emotions, are less influenced by feelings in the position of giving testimony. The Lawgiver has accepted the principle of women's testimony but, as a precautionary measure, has considered the testimony of a second woman necessary to complete and confirm the testimony of the first woman.<ref>Misbah Yazdi, ''Questions and Answers'', Vol. 5, pp. 296-298.</ref>		For example, Morteza Motahhari, by analyzing [[Men's headship over the family]] (Qawamiyyah) in the [[Quran 4:34]], does not consider man's guardianship as his absolute superiority, but relates it to the aggregate of the man's relative advantages in the family structure. In his belief, the expression "bima faddala Allahu ba'dahum ala ba'd" (by what Allah has given one over the other) indicates that each man and woman has their own specific advantages and superiority is mutual.<ref>Motahhari, ''Collection of Works'', Vol. 29, p. 447.</ref> Abdullah Javadi Amoli, in justifying [[Equality of blood money for men and women\|inequality of blood money]], believes this ruling has no relation to the spiritual, scientific, or practical value of individuals, but rather looks at the economic consequences of murder and the man's economic role in the family, emphasizing that just as the blood money of a scientist and an illiterate person is the same, this matter does not indicate a reduction in the woman's status.<ref>Javadi, ''Woman in the Mirror of Glory and Beauty'', pp. 354-355.</ref> Also, Muhammad Taqi Misbah Yazdi considers the wisdom of the difference in accepting [[Women's testimony in court\|women's testimony]] to be related to preserving the rights of individuals. Men, due to difference in creation, are more alert in recording events precisely, and due to less dominance of emotions, are less influenced by feelings in the position of giving testimony. The Lawgiver has accepted the principle of women's testimony but, as a precautionary measure, has considered the testimony of a second woman necessary to complete and confirm the testimony of the first woman.<ref>Misbah Yazdi, ''Questions and Answers'', Vol. 5, pp. 296-298.</ref>

	=== Reducing Distinctions in the Execution Stage of Shari'a Rulings ===		=== Reducing Distinctions in the Execution Stage of Shari'a Rulings ===