Encyclopedia of Contemporary Jurisprudence

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*'''Abstract'''
*'''Abstract'''
'''Yousef Saanei''' (1316–1399 SH), 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 traditional jurists, and examining them can contribute to a better understanding of the developments in [[Contemporary Jurisprudence]]. It has been 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)]], the priority of the Quran over narrations, 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 jurisprudential 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 jurisprudential 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]].


According to Sa'anei's fatwas, the permissibility of [[Polygyny|polygyny]] is conditional upon the acceptance and consent of the first wife; he even considers marriage without consent that involves the harassment of the first wife as impermissible and void (batil). 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 "conventional 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 convention (Urf).
According to Sa'anei's fatwas, the permissibility of [[Polygyny|polygyny]] is conditional upon the acceptance and consent of the first wife; he even considers marriage without consent that involves the harassment of the first wife as impermissible and void (batil). 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 "conventional 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 convention (Urf).
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== References ==
== References ==
{{References}}
{{References}}
 
* A group of his students, The Innovative Faqih: Narrative of the life of the Faqih of the Ahl al-Bayt (AS): Grand Ayatollah Sa'anei, Qom, Fiqh al-Thaqalayn Cultural-Artistic Institute, 1393 SH.
Ibn Zuhrah al-Halabi, Hamzah ibn Ali Husayni, Ghunyat al-Nuzu' ila Ilmay al-Usul wa al-Furu', Qom, Imam Sadiq Institute (AS), 1417 AH.
* Ali-Akbarian, Hassan-Ali, The Principle of Justice in Imami Fiqh, Qom, Research Institute of Islamic Sciences and Culture, 1386 SH.
 
* Allamah al-Hilli, Hasan ibn Yusuf, Nihayat al-Wusul ila Ilm al-Usul, Qom, Imam Sadiq Institute (AS), 1425 AH.
Ardabili, Ahmad, Majma' al-Fa'idah wa al-Burhan fi Sharh Irshad al-Adh-han, Qom, Islamic Publications Office affiliated with the Society of Seminary Teachers of Qom, 1403 AH.
* Ardabili, Ahmad, Majma' al-Fa'idah wa al-Burhan fi Sharh Irshad al-Adh-han, Qom, Islamic Publications Office affiliated with the Society of Seminary Teachers of Qom, 1403 AH.
 
* Husayni Firuzabadi, Murtadha, Inayat al-Usul fi Sharh Kifayat al-Usul, Qom, Firuzabadi Bookstore, 1400 AH.
[https://saanei.xyz/?view=01,05,13,309,0 “Temporary Marriage and its Conditions and Limits”], Information Portal of Ayatollah Sa'anei.
* Ibn Zuhrah al-Halabi, Hamzah ibn Ali Husayni, Ghunyat al-Nuzu' ila Ilmay al-Usul wa al-Furu', Qom, Imam Sadiq Institute (AS), 1417 AH.
 
* [https://saanei.xyz/?view=01,02,48,378,0 “Interview with Ayatollah Sa'anei regarding the Family Protection Bill”], Information Portal of Ayatollah Sa'anei.
Tabrizi, Jawad, Minhaj al-Salihin, Qom, Majma' al-Imam al-Mahdi (AJ), 1426 AH.
* Kulayni, Muhammad ibn Ya'qub, Al-Kafi, Tehran, Dar al-Kutub al-Islamiyah, 1407 AH.
 
* Mehrpour, Husayn, Issues in Women's Rights, Tehran, Ettela'at, 1379 SH.
A group of his students, The Innovative Faqih: Narrative of the life of the Faqih of the Ahl al-Bayt (AS): Grand Ayatollah Sa'anei, Qom, Fiqh al-Thaqalayn Cultural-Artistic Institute, 1393 SH.
* Na'ini, Muhammad Husayn, Ajwad al-Taqrirat, Qom, Matba'at al-Irfan, 1352 AH.
 
* Najmabadi, Abolfazl, Al-Usul, Qom, Grand Ayatollah Borujerdi Institute for the Publication of Ahl al-Bayt Teachings, 1380 SH.
Husayni Firuzabadi, Murtadha, Inayat al-Usul fi Sharh Kifayat al-Usul, Qom, Firuzabadi Bookstore, 1400 AH.
* Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Sa'anei from the Perspective of Others, Qom, Fiqh al-Thaqalayn, 1394 SH.
 
* [https://www.khabaronline.ir/news/34457/ “Opinion of the Maraja' Offices regarding the followers of Ayatollah Sa'anei / The opinion of followers takes precedence over the opinion of the Society of Seminary Teachers”], Khabar Online Website, January 4, 2010 (14 Dey 1388 SH).
Raghib Isfahani, Husayn, Mufradat Alfadh al-Quran, Beirut, Dar al-Qalam - al-Dar al-Shamiyyah, 1412 AH.
* [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.
 
* Qabil (Jami), Hadi, The Principle of Justice and the Negation of Oppression along with an Interview with Grand Ayatollah Sa'anei, Qom, Fiqh al-Thaqalayn, 1390 SH.
Sistani, Sayyid Ali, Minhaj al-Salihin, Qom, Office of Grand Ayatollah Sistani, 1417 AH.
* Raghib Isfahani, Husayn, Mufradat Alfadh al-Quran, Beirut, Dar al-Qalam - al-Dar al-Shamiyyah, 1412 AH.
 
* Saanei, Yousef, An Approach to Women's Rights, Qom, Fiqh al-Thaqalayn Publications, 1397 SH.
Shariati-Nasab, Sadiq, Mahramiyyah in Adoption, Journal of Legal Research, No. 66, 1393 SH.
* Saanei, Yousef, Equality of Diya, Qom, Fiqh al-Thaqalayn Publications, 1384 SH.
 
* Saanei, Yousef, Equality of Qisas, Qom, Fiqh al-Thaqalayn, 1383 SH.
[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, January 9, 2011 (19 Dey 1389 SH).
* Saanei, Yousef, Guardianship of the Mother, Qom, Fiqh al-Thaqalayn, 1384 SH.
 
* Saanei, Yousef, Majma' al-Masa'il Istifta'at, Qom, Meysam-e Tammar Publications, 1386 SH.
Shaykh Ansari, Murtadha, Fara'id al-Usul, Qom, Islamic Publishing Institute, 1416 AH.
* Saanei, Yousef, Puberty of Girls, Qom, Fiqh al-Thaqalayn, 1385 SH.
 
* Saanei, Yousef, Resalah Tawdih al-Masa'il, Qom, Meysam-e Tammar Publications, 1392 SH.
Shaykh Tusi, Muhammad ibn Hasan, Al-Nihayah fi Mujarrad al-Fiqh wa al-Fatawa, Beirut, Dar al-Kitab al-Arabi, 1400 AH.
* Saanei, Yousef, Women's Testimony in Islam, Qom, Fiqh al-Thaqalayn, 1388 SH.
 
* Shariati-Nasab, Sadiq, Mahramiyyah in Adoption, Journal of Legal Research, No. 66, 1393 SH.
Sa'anei, Yusuf, Equality of Diya, Qom, Fiqh al-Thaqalayn Publications, 1384 SH.
* Shaykh Ansari, Murtadha, Fara'id al-Usul, Qom, Islamic Publishing Institute, 1416 AH.
 
* Shaykh Tusi, Muhammad ibn Hasan, Al-Nihayah fi Mujarrad al-Fiqh wa al-Fatawa, Beirut, Dar al-Kitab al-Arabi, 1400 AH.
Sa'anei, Yusuf, Equality of Qisas, Qom, Fiqh al-Thaqalayn, 1383 SH.
* Sistani, Sayyid Ali, Minhaj al-Salihin, Qom, Office of Grand Ayatollah Sistani, 1417 AH.
 
* Tabrizi, Jawad, Minhaj al-Salihin, Qom, Majma' al-Imam al-Mahdi (AJ), 1426 AH.
Sa'anei, Yusuf, Puberty of Girls, Qom, Fiqh al-Thaqalayn, 1385 SH.
* [https://saanei.xyz/?view=01,05,13,309,0 “Temporary Marriage and its Conditions and Limits”], Information Portal of Ayatollah Sa'anei.
 
* [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, January 9, 2011 (19 Dey 1389 SH).
Sa'anei, Yusuf, Resalah Tawdih al-Masa'il, Qom, Meysam-e Tammar Publications, 1392 SH.
* Turayhi, Fakhruddin, Majma' al-Bahrayn, Tehran, Mortazavi, 1375 SH.
 
* Ziya'ifar, Sa'id, Philosophy of the Science of Fiqh, Qom, Seminary and University Research Institute, 1397 SH.
Sa'anei, Yusuf, An Approach to Women's Rights, Qom, Fiqh al-Thaqalayn Publications, 1397 SH.
 
Sa'anei, Yusuf, Women's Testimony in Islam, Qom, Fiqh al-Thaqalayn, 1388 SH.
 
Sa'anei, Yusuf, Guardianship of the Mother, Qom, Fiqh al-Thaqalayn, 1384 SH.
 
Sa'anei, Yusuf, Majma' al-Masa'il Istifta'at, Qom, Meysam-e Tammar Publications, 1386 SH.
 
Ziya'ifar, Sa'id, Philosophy of the Science of Fiqh, Qom, Seminary and University Research Institute, 1397 SH.
 
Turayhi, Fakhruddin, Majma' al-Bahrayn, Tehran, Mortazavi, 1375 SH.
 
Allamah al-Hilli, Hasan ibn Yusuf, Nihayat al-Wusul ila Ilm al-Usul, Qom, Imam Sadiq Institute (AS), 1425 AH.
 
Ali-Akbarian, Hassan-Ali, The Principle of Justice in Imami Fiqh, Qom, Research Institute of Islamic Sciences and Culture, 1386 SH.
 
Qabil (Jami), Hadi, The Principle of Justice and the Negation of Oppression along with an Interview with Grand Ayatollah Sa'anei, Qom, Fiqh al-Thaqalayn, 1390 SH.
 
Kulayni, Muhammad ibn Ya'qub, Al-Kafi, Tehran, Dar al-Kutub al-Islamiyah, 1407 AH.
 
[https://saanei.xyz/?view=01,02,48,378,0 “Interview with Ayatollah Sa'anei regarding the Family Protection Bill”], Information Portal of Ayatollah Sa'anei.
 
Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Sa'anei from the Perspective of Others, Qom, Fiqh al-Thaqalayn, 1394 SH.
 
Mehrpour, Husayn, Issues in Women's Rights, Tehran, Ettela'at, 1379 SH.
 
Na'ini, Muhammad Husayn, Ajwad al-Taqrirat, Qom, Matba'at al-Irfan, 1352 AH.
 
Najmabadi, Abolfazl, Al-Usul, Qom, Grand Ayatollah Borujerdi Institute for the Publication of Ahl al-Bayt Teachings, 1380 SH.
 
[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.
 
[https://www.khabaronline.ir/news/34457/ “Opinion of the Maraja' Offices regarding the followers of Ayatollah Sa'anei / The opinion of followers takes precedence over the opinion of the Society of Seminary Teachers”], Khabar Online Website, January 4, 2010 (14 Dey 1388 SH).
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[[Category:Biographical Articles]]
[[Category:Biographical Articles]]
[[fa:یوسف صانعی]]
[[fa:یوسف صانعی]]
[[Category:Contemporary Jurisprudence Articles]]
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