Yousef Saanei - Revision history

M.zandi: /* Specific Jurisprudential Fatwas */

2026-07-18T12:58:05Z

Specific Jurisprudential Fatwas

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	== Specific Jurisprudential Fatwas ==		== Specific Jurisprudential Fatwas ==
	Certain jurisprudential foundations and specific opinions of Yousef Saanei have always been debatable and controversial; including the [[Puberty of Girls\|puberty of girls]] at age 13, the [[Women Leaving the House Without the Husband's Permission\|permissibility of a woman leaving the house without the husband's permission]], the [[Equality of Retribution\|equality of Qisas]] and [[Equality of Blood Money for Men and Women\|blood-money between men and women]], the possibility of [[Women's Judgeship\|women's judgeship]], the lack of the male-gender requirement in [[Women's Marja'iyyah\|Marja'iyyah]] and [[Women's Guardianship (Wilayah)\|Wilayah]], the [[Guardianship of the Mother\|natural guardianship of the mother over the child after the father]], the restriction of the prohibition of music and singing (Ghina) to its [[Content-based Prohibition of Ghina\|content-based prohibition]], the [[Purity of Non-Belligerent kafir\|ritual purity (taharah) of non-belligerent kafirs]], the restriction of the prohibition of Riba (usury) to consumptive Riba rather than [[Productive Riba\|productive Riba]], [[Retribution of a Muslim for a Kafir\|Qisas of a Muslim for a Kafir]], the possibility of [[Inheritance of a Non-Muslim from a Muslim\|inheritance of a non-Muslim from a Muslim]], and the [[Mahramiyyah of the Adopted Child\|Mahramiyyah of adopted children]].		Certain jurisprudential foundations and specific opinions of Yousef Saanei have always been debatable and controversial; including the [[Puberty of Girls\|puberty of girls]] at age 13, the [[Women Leaving the House Without the Husband's Permission\|permissibility of a woman leaving the house without the husband's permission]], the [[Equality of Retribution for men and women\|equality of Qisas]] and [[Equality of Blood Money for Men and Women\|blood-money between men and women]], the possibility of [[Women's Judgeship\|women's judgeship]], the lack of the male-gender requirement in [[Women's Marja'iyyah\|Marja'iyyah]] and [[Women's Guardianship (Wilayah)\|Wilayah]], the [[Guardianship of the Mother\|natural guardianship of the mother over the child after the father]], the restriction of the prohibition of music and singing (Ghina) to its [[Content-based Prohibition of Ghina\|content-based prohibition]], the [[Purity of Non-Belligerent kafir\|ritual purity (taharah) of non-belligerent kafirs]], the restriction of the prohibition of Riba (usury) to consumptive Riba rather than [[Productive Riba\|productive Riba]], [[Retribution of a Muslim for a Kafir\|Qisas of a Muslim for a Kafir]], the possibility of [[Inheritance of a Non-Muslim from a Muslim\|inheritance of a non-Muslim from a Muslim]], and the [[Mahramiyyah of the Adopted Child\|Mahramiyyah of adopted children]].

	Sa'anei prioritized customary justice over many Islamic rulings and believed in the [[Human Dignity\|inherent dignity of every human being]], regardless of their beliefs. he wrote a series of booklets, published under the title [[Fiqh and Life (Book)\|Fiqh and Life]], and explained the reasons for his fatwas.		Sa'anei prioritized customary justice over many Islamic rulings and believed in the [[Human Dignity\|inherent dignity of every human being]], regardless of their beliefs. he wrote a series of booklets, published under the title [[Fiqh and Life (Book)\|Fiqh and Life]], and explained the reasons for his fatwas.

M.zandi at 11:32, 22 June 2026

2026-06-22T11:32:11Z

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	'''Yousef Saanei''' (in Persian: [[:fa:یوسف_صانعی\|یوسف صانعی]]), was a Shia Faqih who held fatwas differing from the consensus of jurists, particularly in areas such as [[Fiqh of Women]] and the [[Rights of Non-Muslim Minorities]] in Islamic society. These views faced numerous reactions from traditionalist jurists. By investigating them we can better understand the developments of [[Contemporary Jurisprudence]]. It is said that his approach represents an effort toward the dynamism of Shia Fiqh and responding to new issues while maintaining inferential frameworks.		'''Yousef Saanei''' (in Persian: [[:fa:یوسف_صانعی\|یوسف صانعی]]), was a Shia Faqih who held fatwas differing from the consensus of jurists, particularly in areas such as [[Fiqh of Women]] and the [[Rights of Non-Muslim Minorities]] in Islamic society. These views faced numerous reactions from traditionalist jurists. By investigating them we can better understand the developments of [[Contemporary Jurisprudence]]. It is said that his approach represents an effort toward the dynamism of Shia Fiqh and responding to new issues while maintaining inferential frameworks.

	Relying on five key principles —the [[Principle of Justice (Qa'idat al-Adl)]], taking priority of the Quran over Hadiths, the revision of evidence based on contemporary needs, the [[Principle of No-Hardship (Nafi al-Haraj)]], and non-commitment to consensus (Ijma') and popularity (Shuhrat)— Sa'anei proceeded to derive rulings that differed from popular fatwas in cases such as the [[Equality of Blood Money for Men and Women\|equality of Diya (blood money)]] and [[Equality of Retribution for Men and Women\|Qisas (~~retribution~~)]] between men and women, the permissibility of [[Women's Judgeship\|judgeship]] and [[Women's Marja'iyyah\|religious authority (Marja'iyyah) for women]], the [[Puberty of Girls\|attainment of puberty for girls]] at age 13, the [[Equality of Testimony for Men and Women\|equality of testimony between men and women]], and the [[Mahramiyyah of the Adopted Child\|Mahramiyyah of adopted children]].		Relying on five key principles —the [[Principle of Justice (Qa'idat al-Adl)]], taking priority of the Quran over Hadiths, the revision of evidence based on contemporary needs, the [[Principle of No-Hardship (Nafi al-Haraj)]], and non-commitment to consensus (Ijma') and popularity (Shuhrat)— Sa'anei proceeded to derive rulings that differed from popular fatwas in cases such as the [[Equality of Blood Money for Men and Women\|equality of Diya (blood money)]] and [[Equality of Retribution for Men and Women\|Qisas (retaliation)]] between men and women, the permissibility of [[Women's Judgeship\|judgeship]] and [[Women's Marja'iyyah\|religious authority (Marja'iyyah) for women]], the [[Puberty of Girls\|attainment of puberty for girls]] at age 13, the [[Equality of Testimony for Men and Women\|equality of testimony between men and women]], and the [[Mahramiyyah of the Adopted Child\|Mahramiyyah of adopted children]].

	According to Sa'anei's fatwas, the permissibility of [[Polygyny\|polygyny]] is conditional upon acceptance and consent of the first wife; he even considers polygyny as impermissible and void (batil) in case of first wife's discontent that involves harassing her. He also considers the legitimacy of [[Temporary Marriage (Nikah al-Mut'ah)\|temporary marriage]] to be limited only to emergency and exceptional cases, such as long wars. Sa'anei considered "customary justice" (al-adl al-urfi) to be the basis for many rulings and believed that the Legislator (Shari') has delegated the identification of instances of justice to custom (Urf).		According to Sa'anei's fatwas, the permissibility of [[Polygyny\|polygyny]] is conditional upon acceptance and consent of the first wife; he even considers polygyny as impermissible and void (batil) in case of first wife's discontent that involves harassing her. He also considers the legitimacy of [[Temporary Marriage (Nikah al-Mut'ah)\|temporary marriage]] to be limited only to emergency and exceptional cases, such as long wars. Sa'anei considered "customary justice" (al-adl al-urfi) to be the basis for many rulings and believed that the Legislator (Shari') has delegated the identification of instances of justice to custom (Urf).

	== Academic and Political Biography ==		== Academic and Political Biography ==
	Yousef Saanei was an Iranian Shia Mujtahid known for fatwas that differed from the common ones in the Shia jurists of his era. He was born in 1316 SH (1937 AD) in Isfahan and passed away in 1399 SH (2020) in Qom. He began his studies at the Isfahan Seminary (1325 SH/1946) and completed them at the Qom Seminary (from 1330 SH/1951). He studied in Qom with some scholars such as [[Sayyid Husayn Tabataba'i Borujerdi\|Sayyid Husayn Borujerdi]], [[Sayyid Muhammad Muhaqqiq Damad]], and [[Sayyid Ruhollah Musavi Khomeini\|Imam Khomeini]], and he began advanced teaching of jurisprudence (Kharij al-Fiqh) in 1354 SH/1975. Some of his jurisprudential works include: Resalah Tawdih al-Masa'il (a treatise of practical jurisprudence), Manasik al-Hajj (the rituals of the pilgrimage to Mecca), Majma' al-Masa'il, Muntakhab al-Ahkam, Medical Istifta'at (inquiries of the followers), Misbah al-Muqallidin, Ahkam Banuwan (Rulings for Women), and Kitab al-Talaq (a book on divorce).<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 53-55.</ref>		Yousef Saanei was an Iranian Shia Mujtahid known for fatwas that differed from the common ones in the Shia jurists of his era. He was born in 1316 SH (1937 AD) in Isfahan and passed away in 1399 SH (2020) in Qom. He began his studies at the Isfahan Seminary (1325 SH/1946 AD) and completed them at the Qom Seminary (from 1330 SH/1951). He studied in Qom with some scholars such as [[Sayyid Husayn Tabataba'i Borujerdi\|Sayyid Husayn Borujerdi]], [[Sayyid Muhammad Muhaqqiq Damad]], and [[Sayyid Ruhollah Musavi Khomeini\|Imam Khomeini]], and he began advanced teaching of jurisprudence (Kharij al-Fiqh) in 1354 SH/1975. Some of his jurisprudential works include: Resalah Tawdih al-Masa'il (a treatise of practical jurisprudence), Manasik al-Hajj (the rituals of the pilgrimage to Mecca), Majma' al-Masa'il, Muntakhab al-Ahkam, Medical Istifta'at (inquiries of the followers), Misbah al-Muqallidin, Ahkam Banuwan (Rulings for Women), and Kitab al-Talaq (a book on divorce).<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 53-55.</ref>

	Sa'anei's revolutionary activities prior to the 1979 Islamic Revolution involved efforts in cultural and promotional dimensions, such as issuing political declarations and statements.<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, p. 93.</ref> After the Islamic Revolution in Iran, he was Prosecutor-General of Iran for a time, and was an appointed Faqih of the Guardian Council, a member of the Society of Seminary Teachers of Qom, an elected member in the Assembly of Experts, and an appointed member of the [[Expediency Discernment Council]].<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 114-126.</ref>		Sa'anei's revolutionary activities prior to the 1979 Islamic Revolution involved efforts in cultural and promotional dimensions, such as issuing political declarations and statements.<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, p. 93.</ref> After the Islamic Revolution in Iran, he was Prosecutor-General of Iran for a time, and was an appointed Faqih of the Guardian Council, a member of the Society of Seminary Teachers of Qom, an elected member in the Assembly of Experts, and an appointed member of the [[Expediency Discernment Council]].<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 114-126.</ref>
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	=== Principle of No-Hardship (Nafi al-Haraj) ===		=== Principle of No-Hardship (Nafi al-Haraj) ===
	Another ~~widely~~ used rule in Yousef Saanei's jurisprudence is the [[Principle of No-Hardship (Nafi al-Haraj)]]. From his perspective, this rule is a definitive ruling, but the crucial matter is its extent. Sharia is based on the negation of difficulty and hardship (usr wa haraj). "Hardship" (haraj) is a customary concept without a seperate religious definition and its instances is identified customarily. The principle of ease and facilitation in religion is a governing criterion (a general principle) and can even be cited as a preference-criterion (murajjih) in the conflict of hadiths.<ref>Saanei, An Approach to Women's Rights, p. 205.</ref>		Another frequently used rule in Yousef Saanei's jurisprudence is the [[Principle of No-Hardship (Nafi al-Haraj)]]. From his perspective, this rule is a definitive ruling, but the crucial matter is its extent. Sharia is based on the negation of difficulty and hardship (usr wa haraj). "Hardship" (haraj) is a customary concept without a seperate religious definition and its instances is identified customarily. The principle of ease and facilitation in religion is a governing criterion (a general principle) and can even be cited as a preference-criterion (murajjih) in the conflict of hadiths.<ref>Saanei, An Approach to Women's Rights, p. 205.</ref>

	His fatwa on the [[Mahramiyyah of the Adopted Child]] is a prominent instance of this approach. He states on a question of mahramiyyah of a child whom someone adopted from the State Welfare Organization and whose age has passed the breastfeeding (ridha') period: we can not rely on the common religious ways (breastfeeding or marriage contract) in these cases, but there is no prohibition for looking given that caring for helpless children is a recommended and desirable act (birr and ihsan) leading to otherworldly reward and happiness in both worlds, and hardships and difficulties results from being non-mahram after the child's puberty (such as the problem of informing the child about his/her real parents, the spiritual suffering from childlessness, and the disruption of normal life). Citing the principle that "Islam is a religion of ease and facility," Saanei says these hardships allow us to lift the mandatory ruling (al-hukm al-taklifi).<ref>Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Saanei from the Perspective of Others, pp. 166-168.</ref> He is the first jurist who explicitly cited to the hardship to lift the prohibition of looking.		His fatwa on the [[Mahramiyyah of the Adopted Child]] is a prominent instance of this approach. He states on a question of mahramiyyah of a child whom someone adopted from the State Welfare Organization and whose age has passed the breastfeeding (ridha') period: we can not rely on the common religious ways (breastfeeding or marriage contract) in these cases, but there is no prohibition for looking given that caring for helpless children is a recommended and desirable act (birr and ihsan) leading to otherworldly reward and happiness in both worlds, and hardships and difficulties results from being non-mahram after the child's puberty (such as the problem of informing the child about his/her real parents, the spiritual suffering from childlessness, and the disruption of normal life). Citing the principle that "Islam is a religion of ease and facility," Saanei says these hardships allow us to lift the mandatory ruling (al-hukm al-taklifi).<ref>Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Saanei from the Perspective of Others, pp. 166-168.</ref> He is the first jurist who explicitly cited to the hardship to lift the prohibition of looking.

M.zandi: /* Critics and Opponents */

2026-06-19T14:20:21Z

Critics and Opponents

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	== Critics and Opponents ==		== Critics and Opponents ==
	There has been widespread criticism of the specific fatwas of Yousef Saanei. The Society of Seminary Teachers of Qom stated in response to a question regarding his religious authority: "based on investigations conducted over the past year and numerous sessions, The Society of Seminary Teachers of Qom has concluded that he lacks the necessary criteria to be a religious authority."<ref>[https://jameehmodarresin.org/1139/849/ “Opinion of the Society of Seminary Teachers of Qom regarding the Marja'iyyah of Mr. Hajj Shaykh Yousef Saanei”], Society of Seminary Teachers of Qom.</ref> At the same time, the Farda website claimed that they had inquired about the opinions of other Maraji' offices about Marja'iyyah of Yousef Saanei, and none of them considered this statement sufficient to disqualify him from Marja'iyyah ~~in this regard~~, and the office of the Supreme Leader had not answered explicitly and had refered to one of the other Maraji'.<ref>Opinions of the Maraja' Offices regarding the followers of Ayatollah Sa'anei, Khabar Online.</ref> The Assembly of Teachers and Researchers of the Qom Seminary also issued a statement expressing regret over this action.<ref>[http://majmaqom.ir/بیانیه-ها-و-اطلاعیه-ها/99 “Number 99: The Status of Marja'iyyah in the Seminaries”], Website of the Assembly of Teachers and Researchers of the Qom Seminary.</ref>		There has been widespread criticism of the specific fatwas of Yousef Saanei. The Society of Seminary Teachers of Qom stated in response to a question regarding his religious authority: "based on investigations conducted over the past year and numerous sessions, The Society of Seminary Teachers of Qom has concluded that he lacks the necessary criteria to be a religious authority."<ref>[https://jameehmodarresin.org/1139/849/ “Opinion of the Society of Seminary Teachers of Qom regarding the Marja'iyyah of Mr. Hajj Shaykh Yousef Saanei”], Society of Seminary Teachers of Qom.</ref> At the same time, the Farda website claimed that they had inquired about the opinions of other Maraji' offices about Marja'iyyah of Yousef Saanei, and none of them considered this statement sufficient to disqualify him from Marja'iyyah, and the office of the Supreme Leader had not answered explicitly and had refered to one of the other Maraji'.<ref>Opinions of the Maraja' Offices regarding the followers of Ayatollah Sa'anei, Khabar Online.</ref> The Assembly of Teachers and Researchers of the Qom Seminary also issued a statement expressing regret over this action.<ref>[http://majmaqom.ir/بیانیه-ها-و-اطلاعیه-ها/99 “Number 99: The Status of Marja'iyyah in the Seminaries”], Website of the Assembly of Teachers and Researchers of the Qom Seminary.</ref>

	~~Books~~ and articles have been written in criticism of Yousef Saanei's jurisprudential views, including:		Some books and articles have been written in criticism of Yousef Saanei's jurisprudential views, including:

	"Guarding Jurisprudence; A Critique of Ayatollah ~~Sa'anei~~'s Jurisprudential Views," by Husayn Hashemian, Ali-Asghar Hematian Sadrollahi Damghani, and Mahmoud Moqaddami, Tehran, Vosough, 1387 SH.		* "Guarding Jurisprudence; A Critique of Ayatollah Saanei's Jurisprudential Views," by Husayn Hashemian, Ali-Asghar Hematian Sadrollahi Damghani, and Mahmoud Moqaddami, Tehran, Vosough, 1387 SH.
	"~~Rereading~~ the Jurisprudential and Political Views of Ayatollah ~~Sa'anei~~," by Omid Hosseini, Tehran, ~~Center for~~ Islamic Revolution Document Center, 1392 SH.		* "Reviewing the Jurisprudential and Political Views of Ayatollah Saanei," by Omid Hosseini, Tehran, Islamic Revolution Document Center, 1392 SH.
	"Defense of Islamic Fiqh and Politics," by Sayyid Muhammad Baqir Hasheminia, Tehran, Vosough, 1386 SH.		* "Defense of Islamic Fiqh and Politics," by Sayyid Muhammad Baqir Hasheminia, Tehran, Vosough, 1386 SH.
	"~~Examination and Critique~~ of ~~the Evidence for~~ Ayatollah ~~Sa'anei~~'s ~~Theory~~ on the ~~Equality~~ of ~~Diya for Muslim Men~~ and ~~Women~~," Contemporary Comparative ~~Law~~ Studies, by Muhammad ~~Ibrahim-Nezhad~~, No. 7, 1395 SH.		* "The Review of Ayatollah Sanei's Opinion on the Blood Money of Moslem man and Woman," Contemporary Comparative Legal Studies, by Muhammad Ibrahimnezhad, Vo. 7, No. 12, 1395 SH.
	"Critique and Review: Contemporary Jurisprudential Innovations according to Jurisprudential and Ijtihadi Standards," by Mahdi Nikouei, Tehran, Athar-e Amin, 1385 SH.		* "Critique and Review: Contemporary Jurisprudential Innovations according to Jurisprudential and Ijtihadi Standards," by Mahdi Nikouei, Tehran, Athar-e Amin, 1385 SH.
	"~~Critique~~ of ~~Productive Riba~~," Ahl al-Bayt (AS) Fiqh Journal, by Reza Mohammadi Karaji, No. 58-59, 1388 SH.		* "Criticism of Usury for Production," Ahl al-Bayt (AS) Fiqh Journal, by Reza Mohammadi Karaji, No. 58-59, 1388 SH.

	Some of the criticisms of ~~Sa'anei~~ focus on his jurisprudential foundations and, in fact, reject ~~them in terms of~~ the major premise ~~(kubra)~~; such as the critiques ~~aimed~~ at the Principle of Justice.<ref>Ali-Akbarian, The Principle of Justice in Imami Fiqh, pp. 60-73.</ref> Other criticisms relate to the application of ~~jurisprudential subjects to~~ the aforementioned principles and are ~~raised in terms of~~ the minor premise ~~(sughra)~~; such as the criticism regarding the Mahramiyyah of adopted children, where ~~the existence of hardship in this issue was~~ not accepted.<ref>Shariati-Nasab, Mahramiyyah in Adoption, pp. 241-242.</ref>		Some of the criticisms of Saanei focus on his jurisprudential foundations and, in fact, reject the major premise of his arguments; such as the critiques directed at the Principle of Justice.<ref>Ali-Akbarian, The Principle of Justice in Imami Fiqh, pp. 60-73.</ref> Other criticisms relate to the application of the aforementioned principles to jurisprudential subjects and are about the minor premise of the arguments; such as the criticism regarding the Mahramiyyah of adopted children, where it is not accepted to cause a hardship.<ref>Shariati-Nasab, Mahramiyyah in Adoption, pp. 241-242.</ref>

	Despite the critiques and opposition to ~~Sa'anei~~'s jurisprudential opinions, some of his critics maintain that his jurisprudential views cannot be called heresy (bid'ah); because not every innovation is bid'ah, and ~~the condition for calling~~ a view ~~bid'ah~~ is ~~that~~, firstly, it ~~must be~~ presented as a part of religion, and secondly, no specific or general proof can be ~~established~~ for it ~~from valid religious sources~~.<ref>Turayhi, Majma' al-Bahrayn, vol. 4, pp. 298-299; Raghib, Mufradat Alfadh al-Quran, p. 111.</ref>		Despite the critiques and opposition to Saanei's jurisprudential opinions, some of his critics maintain that his jurisprudential views cannot be called heresy (bid'ah); because not every innovation is bid'ah, and a view is considered heresy if, firstly, it is presented as a part of religion, and secondly, no specific or general proof, based on valid religious sources, can be provided for it.<ref>Turayhi, Majma' al-Bahrayn, vol. 4, pp. 298-299; Raghib, Mufradat Alfadh al-Quran, p. 111.</ref>

	== Footnotes ==		== Footnotes ==

M.zandi: /* Critics and Opponents */

2026-06-18T06:52:51Z

Critics and Opponents

← Older revision		Revision as of 06:52, 18 June 2026
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	== Critics and Opponents ==		== Critics and Opponents ==
	~~The~~ specific ~~jurisprudential~~ fatwas of Yousef Saanei ~~have drawn widespread criticism~~. The Society of Seminary Teachers of Qom~~, following~~ a question regarding his ~~Marja'iyyah, wrote~~: "~~The Society of Seminary Teachers of Qom,~~ based on investigations conducted over the past year and ~~after~~ numerous ~~meetings~~, has ~~reached the conclusion~~ that he lacks the necessary criteria ~~for occupying the position of Marja'iyyah~~."<ref>[https://jameehmodarresin.org/1139/849/ “Opinion of the Society of Seminary Teachers of Qom regarding the Marja'iyyah of Mr. Hajj Shaykh Yousef Saanei”], Society of Seminary Teachers of Qom.</ref> At the same time, the Farda website claimed it had inquired about the opinions of other ~~Maraja~~' offices ~~regarding~~ Yousef Saanei's Marja'iyyah; in this regard, the office of the Supreme Leader ~~reminded of the need to refer~~ to one of the ~~Maraja' without an explicit answer, while~~ other ~~Maraja' offices did not consider the issuance of this statement sufficient to disqualify him from Marja~~'~~iyyah~~.<ref>Opinions of the Maraja' Offices regarding the followers of Ayatollah Sa'anei, Khabar Online.</ref> The Assembly of Teachers and Researchers of the Qom Seminary also issued a statement expressing regret over this action.<ref>[http://majmaqom.ir/بیانیه-ها-و-اطلاعیه-ها/99 “Number 99: The Status of Marja'iyyah in the Seminaries”], Website of the Assembly of Teachers and Researchers of the Qom Seminary.</ref>		There has been widespread criticism of the specific fatwas of Yousef Saanei. The Society of Seminary Teachers of Qom stated in response to a question regarding his religious authority: "based on investigations conducted over the past year and numerous sessions, The Society of Seminary Teachers of Qom has concluded that he lacks the necessary criteria to be a religious authority."<ref>[https://jameehmodarresin.org/1139/849/ “Opinion of the Society of Seminary Teachers of Qom regarding the Marja'iyyah of Mr. Hajj Shaykh Yousef Saanei”], Society of Seminary Teachers of Qom.</ref> At the same time, the Farda website claimed that they had inquired about the opinions of other Maraji' offices about Marja'iyyah of Yousef Saanei, and none of them considered this statement sufficient to disqualify him from Marja'iyyah in this regard, and the office of the Supreme Leader had not answered explicitly and had refered to one of the other Maraji'.<ref>Opinions of the Maraja' Offices regarding the followers of Ayatollah Sa'anei, Khabar Online.</ref> The Assembly of Teachers and Researchers of the Qom Seminary also issued a statement expressing regret over this action.<ref>[http://majmaqom.ir/بیانیه-ها-و-اطلاعیه-ها/99 “Number 99: The Status of Marja'iyyah in the Seminaries”], Website of the Assembly of Teachers and Researchers of the Qom Seminary.</ref>

	Books and articles have been written in criticism of Yousef Saanei's jurisprudential views, including:		Books and articles have been written in criticism of Yousef Saanei's jurisprudential views, including:

M.zandi: /* Principle of No-Hardship (Nafi al-Haraj) */

2026-06-14T13:48:03Z

Principle of No-Hardship (Nafi al-Haraj)

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	=== Principle of No-Hardship (Nafi al-Haraj) ===		=== Principle of No-Hardship (Nafi al-Haraj) ===
	Another widely used rule in Yousef Saanei's jurisprudence is the [[Principle of No-Hardship (Nafi al-Haraj)]]. From his perspective, this rule is a definitive ruling, but the crucial matter is its extent. Sharia is based on the negation of difficulty and hardship (usr wa haraj). "Hardship" (haraj) is a customary concept without a seperate religious definition and its instances is identified customarily. The principle of ease and facilitation in religion is a governing criterion (a general principle) and can even be cited as a preference-criterion (murajjih) in the conflict of hadiths.<ref>~~Sa'anei~~, An Approach to Women's Rights, p. 205.</ref>		Another widely used rule in Yousef Saanei's jurisprudence is the [[Principle of No-Hardship (Nafi al-Haraj)]]. From his perspective, this rule is a definitive ruling, but the crucial matter is its extent. Sharia is based on the negation of difficulty and hardship (usr wa haraj). "Hardship" (haraj) is a customary concept without a seperate religious definition and its instances is identified customarily. The principle of ease and facilitation in religion is a governing criterion (a general principle) and can even be cited as a preference-criterion (murajjih) in the conflict of hadiths.<ref>Saanei, An Approach to Women's Rights, p. 205.</ref>

	His fatwa on the [[Mahramiyyah of the Adopted Child]] is a ~~clear example~~ of this approach. ~~In response to~~ a question ~~about making~~ a child ~~mahram who was taken~~ from ~~welfare services~~ and whose age has passed the ~~nursing~~ (~~radha~~') period~~, he states~~: the ~~customary~~ religious ways (~~nursing~~ or marriage contract) ~~are not possible~~ in these cases~~; however~~, given that caring for helpless children is a recommended and desirable act (birr and ihsan) leading to "otherworldly reward and happiness in both worlds,~~" the hardship~~ and ~~difficulty resulting~~ from being non-mahram after the child's puberty (such as the problem of informing the child about ~~the~~ real parents, the spiritual suffering from childlessness, and the disruption of normal life~~) removes the prohibition of looking (nazar~~). Citing the principle that "Islam is a religion of ease and facility," ~~he considers such hardship a justification for removing~~ the ~~prohibitory~~ ruling (hukm taklifi).<ref>Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah ~~Sa'anei~~ from the Perspective of Others, pp. 166-168.</ref> ~~Prior to him, no~~ jurist ~~had so~~ explicitly ~~removed~~ the prohibition of looking ~~based on hardship~~.		His fatwa on the [[Mahramiyyah of the Adopted Child]] is a prominent instance of this approach. He states on a question of mahramiyyah of a child whom someone adopted from the State Welfare Organization and whose age has passed the breastfeeding (ridha') period: we can not rely on the common religious ways (breastfeeding or marriage contract) in these cases, but there is no prohibition for looking given that caring for helpless children is a recommended and desirable act (birr and ihsan) leading to otherworldly reward and happiness in both worlds, and hardships and difficulties results from being non-mahram after the child's puberty (such as the problem of informing the child about his/her real parents, the spiritual suffering from childlessness, and the disruption of normal life). Citing the principle that "Islam is a religion of ease and facility," Saanei says these hardships allow us to lift the mandatory ruling (al-hukm al-taklifi).<ref>Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Saanei from the Perspective of Others, pp. 166-168.</ref> He is the first jurist who explicitly cited to the hardship to lift the prohibition of looking.

	== Critics and Opponents ==		== Critics and Opponents ==

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Revision of Evidence Based on contemporary circumstances

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	According to Saanei, the dynamism of Fiqh is tied to the "revision of evidence"; this revision does not mean changing or discarding evidence or imposing external beliefs upon it, but rather asking new questions about the texts and analyzing them for properly answers. This process is dealt with the common rules of Usul al-Fiqh and does not necessarily lead to innovation (Ijtihad) in Usul; rather, it could be inferred different fatwas from the branches (Furu') in a new inferential process, relied on the same common methodology. For example, in the issue of the [[Puberty of Girls]], the revision of evidence led him to maintain 13 years of age as an independent criterion for puberty.		According to Saanei, the dynamism of Fiqh is tied to the "revision of evidence"; this revision does not mean changing or discarding evidence or imposing external beliefs upon it, but rather asking new questions about the texts and analyzing them for properly answers. This process is dealt with the common rules of Usul al-Fiqh and does not necessarily lead to innovation (Ijtihad) in Usul; rather, it could be inferred different fatwas from the branches (Furu') in a new inferential process, relied on the same common methodology. For example, in the issue of the [[Puberty of Girls]], the revision of evidence led him to maintain 13 years of age as an independent criterion for puberty.

	Saanei divides hadiths indicating the puberty of girls at the age of 9 into three categories: 1. Hadiths referring to 9 ~~years~~ without any condition, 2. Hadiths paired with other things such as menstruation, and 3. Hadiths explicitly specify the age of 9 because that's when they start menstruating: "Because when a girl reaches nine years, she menstruates."<ref>Kulayni, Al-Kafi, vol. 7, p. 69.</ref> Saanei infers from this set that the age of 9 is a "pointing title" (unwan mushir) and lacks inherent subject-matter significance; because the first category of hadiths is restricted by the second and third categories; so based on the third category, the relevant matter and the cause of puberty is menstruation. Therefore, if a 9-year-old girl does not menstruate, she is not considered mature (baligh). Relying on a reliable (muwaththaq) hadith, he considers 13 years as another independent indicator for puberty.<ref>Sa'anei, Puberty of Girls, pp. 11-43.</ref>		Saanei divides hadiths indicating the puberty of girls at the age of 9 into three categories: 1. Hadiths referring to age 9 without any condition, 2. Hadiths paired with other things such as menstruation, and 3. Hadiths explicitly specify the age of 9 because that's when they start menstruating: "Because when a girl reaches nine years, she menstruates."<ref>Kulayni, Al-Kafi, vol. 7, p. 69.</ref> Saanei infers from this set that the age of 9 is a "pointing title" (unwan mushir) and lacks inherent subject-matter significance; because the first category of hadiths is restricted by the second and third categories; so based on the third category, the relevant matter and the cause of puberty is menstruation. Therefore, if a 9-year-old girl does not menstruate, she is not considered mature (baligh). Relying on a reliable (muwaththaq) hadith, he considers 13 years as another independent indicator for puberty.<ref>Sa'anei, Puberty of Girls, pp. 11-43.</ref>

	In support of this view, some contemporary writers also believe that the hadiths related to puberty (indicating different ages of 9, 10, and 13) were issued from the Infallible's statue for subdivision of rules (tafri')—exemplification of a general rule— rather than the statue for legislation (tashri'); since the main criterion is menstruation and the specific age (like 9) was an instance suited to the conditions of the time of issuance and in Fiqh it can not be cited to unconditionally.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref>		In support of this view, some contemporary writers also believe that the hadiths related to puberty (indicating different ages of 9, 10, and 13) were issued from the Infallible's statue for subdivision of rules (tafri')—exemplification of a general rule— rather than the statue for legislation (tashri'); since the main criterion is menstruation and the specific age (like 9) was an instance suited to the conditions of the time of issuance and in Fiqh it can not be cited to unconditionally.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref>

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Principle of No-Hardship (Nafi al-Haraj)

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	=== Principle of No-Hardship (Nafi al-Haraj) ===		=== Principle of No-Hardship (Nafi al-Haraj) ===
	Another ~~frequently~~ used rule in Yousef Saanei's ~~Fiqh~~ is the [[Principle of No-Hardship (Nafi al-Haraj)]]. From his perspective, this rule is a definitive ruling, but its ~~breadth or narrowness is decisive~~. ~~The basis of~~ Sharia is ~~established~~ on the negation of difficulty and hardship (usr wa haraj)~~, and~~ "~~hardship~~" (haraj) is a ~~conventional~~ concept ~~that lacks an independent~~ religious definition~~, with convention being the criterion for identifying~~ its instances. The principle of ease and facilitation in religion is a governing criterion and can even be ~~used~~ as a preference (murajjih) in the conflict of ~~narrations~~.<ref>Sa'anei, An Approach to Women's Rights, p. 205.</ref>		Another widely used rule in Yousef Saanei's jurisprudence is the [[Principle of No-Hardship (Nafi al-Haraj)]]. From his perspective, this rule is a definitive ruling, but the crucial matter is its extent. Sharia is based on the negation of difficulty and hardship (usr wa haraj). "Hardship" (haraj) is a customary concept without a seperate religious definition and its instances is identified customarily. The principle of ease and facilitation in religion is a governing criterion (a general principle) and can even be cited as a preference-criterion (murajjih) in the conflict of hadiths.<ref>Sa'anei, An Approach to Women's Rights, p. 205.</ref>

	His fatwa on the [[Mahramiyyah of the Adopted Child]] is a clear example of this approach. In response to a question about making a child mahram who was taken from welfare services and whose age has passed the nursing (radha') period, he states: the customary religious ways (nursing or marriage contract) are not possible in these cases; however, given that caring for helpless children is a recommended and desirable act (birr and ihsan) leading to "otherworldly reward and happiness in both worlds," the hardship and difficulty resulting from being non-mahram after the child's puberty (such as the problem of informing the child about the real parents, the spiritual suffering from childlessness, and the disruption of normal life) removes the prohibition of looking (nazar). Citing the principle that "Islam is a religion of ease and facility," he considers such hardship a justification for removing the prohibitory ruling (hukm taklifi).<ref>Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Sa'anei from the Perspective of Others, pp. 166-168.</ref> Prior to him, no jurist had so explicitly removed the prohibition of looking based on hardship.		His fatwa on the [[Mahramiyyah of the Adopted Child]] is a clear example of this approach. In response to a question about making a child mahram who was taken from welfare services and whose age has passed the nursing (radha') period, he states: the customary religious ways (nursing or marriage contract) are not possible in these cases; however, given that caring for helpless children is a recommended and desirable act (birr and ihsan) leading to "otherworldly reward and happiness in both worlds," the hardship and difficulty resulting from being non-mahram after the child's puberty (such as the problem of informing the child about the real parents, the spiritual suffering from childlessness, and the disruption of normal life) removes the prohibition of looking (nazar). Citing the principle that "Islam is a religion of ease and facility," he considers such hardship a justification for removing the prohibitory ruling (hukm taklifi).<ref>Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Sa'anei from the Perspective of Others, pp. 166-168.</ref> Prior to him, no jurist had so explicitly removed the prohibition of looking based on hardship.

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Opposition to Consensus and Popularity

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	=== Opposition to Consensus and Popularity ===		=== Opposition to Consensus and Popularity ===
	~~Yousef Saanei is among the jurists who, relying~~ on evidence, ~~issue~~ fatwas ~~without fear of contradicting~~ consensus (Ijma') or popular opinion (Shuhrat). His specific fatwas, including the permissibility of [[Women's Marja'iyyah\|Women's Marja'iyyah]] and [[Women's Judgeship\|Judgeship]], [[Equality of Blood Money for Men and Women\|Equality of Diya]], and [[Equality of Retribution for Men and Women\|Equality of Qisas]], are examples of this approach. In the issue of women's religious authority, he relies on the [[~~Conduct of the Rational~~ (Sirat al-Uqala)]] and the judgment of reason (~~the referral of the ignorant~~ to ~~the~~ scholar without difference between man and woman) and, by ignoring the claimed consensus, does not consider being male a condition for Marja'iyyah, judgeship, or Wilayah.<ref>Sa'anei, An Approach to Women's Rights, pp. 258-259.</ref>		Relying on evidence, Yousef Saanei issues fatwas and does not care about going against consensus (Ijma') or popular opinion (Shuhrat). His specific fatwas, including the permissibility of [[Women's Marja'iyyah\|Women's Marja'iyyah]] and [[Women's Judgeship\|Judgeship]], [[Equality of Blood Money for Men and Women\|Equality of Diya]], and [[Equality of Retribution for Men and Women\|Equality of Qisas]], are examples of this approach. In the issue of women's religious authority, he relies on the [[Wise Fashion (Sirat al-Uqala)]] and the judgment of reason (an uninformed refers to a scholar without difference between man and woman) and, by ignoring the claimed consensus, does not consider being male a condition for Marja'iyyah, judgeship, or Wilayah.<ref>Sa'anei, An Approach to Women's Rights, pp. 258-259.</ref>

	~~Sa'anei often considers~~ consensuses ~~to be~~ "evidence-based" (madraki, i.e., based on ~~existing proofs~~) and, by critiquing those proofs, considers consensus to lack independent validity. For example, regarding the [[Guardianship of the Mother]], ~~after disputing~~ the ~~transmitted~~ consensus~~, he states~~: "If we accept ~~the~~ consensus, it ~~is most likely~~ based on ~~narrations~~ and is an evidence-based consensus; thus it is not a proof (hujjah)."<ref>Sa'anei, Guardianship of the Mother, p. 62.</ref> This method removes the boundary between the inference of a ruling and the issuance of a fatwa~~; unlike~~ jurists who consider consensus invalid ~~in the position of inference~~ but act ~~with~~ precaution (ihtiyat) ~~in the position of fatwa~~ (~~presenting~~ their view to followers) ~~and do not issue fatwas contrary to popular views~~.		Saanei regarded most of consensuses as "evidence-based" (madraki, i.e., based on other reasons) and, by critiquing those proofs, considers consensus to lack independent validity. For example, regarding the [[Guardianship of the Mother]], he disputes the reported consensus and say: "If we accept that this consensus has been occurred, it will be strongly based on hadiths and be an evidence-based consensus; thus it is not a proof (hujjah)."<ref>Sa'anei, Guardianship of the Mother, p. 62.</ref> This method removes the boundary between the inference of a ruling and the issuance of a fatwa. he is opposed to jurists who consider consensus invalid for inferring edicts but act upon precaution (ihtiyat) and do not stand up to popular views when they issue fatwas (i.e. present their view to followers).

	=== Principle of No-Hardship (Nafi al-Haraj) ===		=== Principle of No-Hardship (Nafi al-Haraj) ===

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Revision of Evidence Based on contemporary circumstances

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	Saanei divides hadiths indicating the puberty of girls at the age of 9 into three categories: 1. Hadiths referring to 9 years without any condition, 2. Hadiths paired with other things such as menstruation, and 3. Hadiths explicitly specify the age of 9 because that's when they start menstruating: "Because when a girl reaches nine years, she menstruates."<ref>Kulayni, Al-Kafi, vol. 7, p. 69.</ref> Saanei infers from this set that the age of 9 is a "pointing title" (unwan mushir) and lacks inherent subject-matter significance; because the first category of hadiths is restricted by the second and third categories; so based on the third category, the relevant matter and the cause of puberty is menstruation. Therefore, if a 9-year-old girl does not menstruate, she is not considered mature (baligh). Relying on a reliable (muwaththaq) hadith, he considers 13 years as another independent indicator for puberty.<ref>Sa'anei, Puberty of Girls, pp. 11-43.</ref>		Saanei divides hadiths indicating the puberty of girls at the age of 9 into three categories: 1. Hadiths referring to 9 years without any condition, 2. Hadiths paired with other things such as menstruation, and 3. Hadiths explicitly specify the age of 9 because that's when they start menstruating: "Because when a girl reaches nine years, she menstruates."<ref>Kulayni, Al-Kafi, vol. 7, p. 69.</ref> Saanei infers from this set that the age of 9 is a "pointing title" (unwan mushir) and lacks inherent subject-matter significance; because the first category of hadiths is restricted by the second and third categories; so based on the third category, the relevant matter and the cause of puberty is menstruation. Therefore, if a 9-year-old girl does not menstruate, she is not considered mature (baligh). Relying on a reliable (muwaththaq) hadith, he considers 13 years as another independent indicator for puberty.<ref>Sa'anei, Puberty of Girls, pp. 11-43.</ref>

	In support of this view, some contemporary writers also believe that the hadiths related to puberty (indicating different ages of 9, 10, and 13) were issued from the Infallible's statue for subdivision of rules (tafri')—exemplification of a general rule— rather than the statue for legislation (tashri'); since the main criterion is menstruation and the specific age (like 9) was an instance suited to the conditions of the time of issuance and in Fiqh it can not be ~~unconditionally~~ cited to.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref>		In support of this view, some contemporary writers also believe that the hadiths related to puberty (indicating different ages of 9, 10, and 13) were issued from the Infallible's statue for subdivision of rules (tafri')—exemplification of a general rule— rather than the statue for legislation (tashri'); since the main criterion is menstruation and the specific age (like 9) was an instance suited to the conditions of the time of issuance and in Fiqh it can not be cited to unconditionally.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref>

	=== Opposition to Consensus and Popularity ===		=== Opposition to Consensus and Popularity ===

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Revision of Evidence Based on contemporary circumstances

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	Saanei divides hadiths indicating the puberty of girls at the age of 9 into three categories: 1. Hadiths referring to 9 years without any condition, 2. Hadiths paired with other things such as menstruation, and 3. Hadiths explicitly specify the age of 9 because that's when they start menstruating: "Because when a girl reaches nine years, she menstruates."<ref>Kulayni, Al-Kafi, vol. 7, p. 69.</ref> Saanei infers from this set that the age of 9 is a "pointing title" (unwan mushir) and lacks inherent subject-matter significance; because the first category of hadiths is restricted by the second and third categories; so based on the third category, the relevant matter and the cause of puberty is menstruation. Therefore, if a 9-year-old girl does not menstruate, she is not considered mature (baligh). Relying on a reliable (muwaththaq) hadith, he considers 13 years as another independent indicator for puberty.<ref>Sa'anei, Puberty of Girls, pp. 11-43.</ref>		Saanei divides hadiths indicating the puberty of girls at the age of 9 into three categories: 1. Hadiths referring to 9 years without any condition, 2. Hadiths paired with other things such as menstruation, and 3. Hadiths explicitly specify the age of 9 because that's when they start menstruating: "Because when a girl reaches nine years, she menstruates."<ref>Kulayni, Al-Kafi, vol. 7, p. 69.</ref> Saanei infers from this set that the age of 9 is a "pointing title" (unwan mushir) and lacks inherent subject-matter significance; because the first category of hadiths is restricted by the second and third categories; so based on the third category, the relevant matter and the cause of puberty is menstruation. Therefore, if a 9-year-old girl does not menstruate, she is not considered mature (baligh). Relying on a reliable (muwaththaq) hadith, he considers 13 years as another independent indicator for puberty.<ref>Sa'anei, Puberty of Girls, pp. 11-43.</ref>

	In support of this view, some contemporary writers also believe that the hadiths related to puberty (indicating different ages of 9, 10, and 13) were issued from the Infallible's statue for subdivision of rules (tafri')—exemplification of a general rule— rather than the statue for legislation (tashri'); since the main criterion is menstruation and the specific age (like 9) was an instance suited to the conditions of the time of issuance and it can not be cited to ~~unconditionally in Fiqh~~.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref>		In support of this view, some contemporary writers also believe that the hadiths related to puberty (indicating different ages of 9, 10, and 13) were issued from the Infallible's statue for subdivision of rules (tafri')—exemplification of a general rule— rather than the statue for legislation (tashri'); since the main criterion is menstruation and the specific age (like 9) was an instance suited to the conditions of the time of issuance and in Fiqh it can not be unconditionally cited to.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref>

	=== Opposition to Consensus and Popularity ===		=== Opposition to Consensus and Popularity ===