Dynamic Ijtihad (book)

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== Role of Reason and Justice in Dynamic Ijtihad ==

Sane'i, emphasizing the role of reason and justice in dynamic ijtihad, introduces these two as fundamental elements of his jurisprudential approach. He believes that jurisprudence, relying on reason and justice, can address solving the problems of modern human life and respond to the needs of the time. He, by mentioning examples, shows how the structure of the rational people (collective reason) changes over time and this change should be considered in ijtihad; as [[~~Imam~~ Khomeini]] regarding the ownership of underground mines, relying on the structure of the rational people in his time, considered mines as spoils and belonging to the nation, while in the past it might have been that based on the structure of the rational people, the land owner was also the owner of its depth (pp. 26-29).

Sane'i, emphasizing the role of reason and justice in dynamic ijtihad, introduces these two as fundamental elements of his jurisprudential approach. He believes that jurisprudence, relying on reason and justice, can address solving the problems of modern human life and respond to the needs of the time. He, by mentioning examples, shows how the structure of the rational people (collective reason) changes over time and this change should be considered in ijtihad; as [[Sayyid Ruhollah Musavi Khomeini]] regarding the ownership of underground mines, relying on the structure of the rational people in his time, considered mines as spoils and belonging to the nation, while in the past it might have been that based on the structure of the rational people, the land owner was also the owner of its depth (pp. 26-29).

Sane'i, in explaining the role of justice in dynamic ijtihad, refers to Qurʾan 23:14 and Qurʾan 15:29 where God calls Himself the best of creators who has breathed His spirit into humans. He considers these verses as meaning the equality of all humans and believes that if a narration or view is contrary to human equality (for example, deprivation of women or a specific group from citizenship rights) it is considered opposed to the Quran and subject to review (pp. 28-29).

Sane'i, in explaining the role of justice in dynamic ijtihad, refers to [[Qurʾan 23:14]] and [[Qurʾan 15:29]] where God calls Himself the best of creators who has breathed His spirit into humans. He considers these verses as meaning the equality of all humans and believes that if a narration or view is contrary to human equality (for example, deprivation of women or a specific group from citizenship rights) it is considered opposed to the Quran and subject to review (pp. 28-29).

== Human Rights and Collective Reason ==

Yusuf Sane'i explains that in matters related to life and administration of society (such as establishing ministries or military planning), collective opinion (collective reason) is respected; because the Prophet (PBUH) was also obliged to consult and observe the majority opinion. But regarding generalities and fundamental principles of rights, divine revelation is determinative. He concludes that collective reason is valid where it has no explicit conflict with divine revelation, but in case of conflict, revelation takes precedence (pp. 30-32).

Sane'i addresses the compatibility of Islamic jurisprudence with human rights and, referring to Qurʾan 17:70 ("And We have certainly honored the children of Adam"), states that Islam respects human dignity and human rights. He, referring to Qurʾan 23:14 ("So blessed is Allah, the best of creators"), also emphasizes that from Islam's view, humans are equal (p. 46); therefore, he considers the human rights law based on equality of blood money for women's and men's lives correct and valid, but equality in inheritance or right to divorce opposed to Sharia (p. 32).

Sane'i addresses the compatibility of Islamic jurisprudence with human rights and, referring to [[Qurʾan 17:70]] ("And We have certainly honored the children of Adam"), states that Islam respects human dignity and human rights. He, referring to [[Qurʾan 23:14]] ("So blessed is Allah, the best of creators"), also emphasizes that from Islam's view, humans are equal (p. 46); therefore, he considers the human rights law based on equality of blood money for women's and men's lives correct and valid, but equality in inheritance or right to divorce opposed to Sharia (p. 32).

== Redefinition of the Concept of Kafir and Its Impact on Rights ==

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 == Role of Reason and Justice in Dynamic Ijtihad ==
-Sane'i, emphasizing the role of reason and justice in dynamic ijtihad, introduces these two as fundamental elements of his jurisprudential approach. He believes that jurisprudence, relying on reason and justice, can address solving the problems of modern human life and respond to the needs of the time. He, by mentioning examples, shows how the structure of the rational people (collective reason) changes over time and this change should be considered in ijtihad; as [[Imam Khomeini]] regarding the ownership of underground mines, relying on the structure of the rational people in his time, considered mines as spoils and belonging to the nation, while in the past it might have been that based on the structure of the rational people, the land owner was also the owner of its depth (pp. 26-29).
+Sane'i, emphasizing the role of reason and justice in dynamic ijtihad, introduces these two as fundamental elements of his jurisprudential approach. He believes that jurisprudence, relying on reason and justice, can address solving the problems of modern human life and respond to the needs of the time. He, by mentioning examples, shows how the structure of the rational people (collective reason) changes over time and this change should be considered in ijtihad; as [[Sayyid Ruhollah Musavi Khomeini]] regarding the ownership of underground mines, relying on the structure of the rational people in his time, considered mines as spoils and belonging to the nation, while in the past it might have been that based on the structure of the rational people, the land owner was also the owner of its depth (pp. 26-29).
-Sane'i, in explaining the role of justice in dynamic ijtihad, refers to Qurʾan 23:14 and Qurʾan 15:29 where God calls Himself the best of creators who has breathed His spirit into humans. He considers these verses as meaning the equality of all humans and believes that if a narration or view is contrary to human equality (for example, deprivation of women or a specific group from citizenship rights) it is considered opposed to the Quran and subject to review (pp. 28-29).
+Sane'i, in explaining the role of justice in dynamic ijtihad, refers to [[Qurʾan 23:14]] and [[Qurʾan 15:29]] where God calls Himself the best of creators who has breathed His spirit into humans. He considers these verses as meaning the equality of all humans and believes that if a narration or view is contrary to human equality (for example, deprivation of women or a specific group from citizenship rights) it is considered opposed to the Quran and subject to review (pp. 28-29).
 == Human Rights and Collective Reason ==
 Yusuf Sane'i explains that in matters related to life and administration of society (such as establishing ministries or military planning), collective opinion (collective reason) is respected; because the Prophet (PBUH) was also obliged to consult and observe the majority opinion. But regarding generalities and fundamental principles of rights, divine revelation is determinative. He concludes that collective reason is valid where it has no explicit conflict with divine revelation, but in case of conflict, revelation takes precedence (pp. 30-32).
-Sane'i addresses the compatibility of Islamic jurisprudence with human rights and, referring to Qurʾan 17:70 ("And We have certainly honored the children of Adam"), states that Islam respects human dignity and human rights. He, referring to Qurʾan 23:14 ("So blessed is Allah, the best of creators"), also emphasizes that from Islam's view, humans are equal (p. 46); therefore, he considers the human rights law based on equality of blood money for women's and men's lives correct and valid, but equality in inheritance or right to divorce opposed to Sharia (p. 32).
+Sane'i addresses the compatibility of Islamic jurisprudence with human rights and, referring to [[Qurʾan 17:70]] ("And We have certainly honored the children of Adam"), states that Islam respects human dignity and human rights. He, referring to [[Qurʾan 23:14]] ("So blessed is Allah, the best of creators"), also emphasizes that from Islam's view, humans are equal (p. 46); therefore, he considers the human rights law based on equality of blood money for women's and men's lives correct and valid, but equality in inheritance or right to divorce opposed to Sharia (p. 32).
 == Redefinition of the Concept of Kafir and Its Impact on Rights ==

Dynamic Ijtihad (book): Difference between revisions