Yousef Saanei: Difference between revisions

'''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 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.

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]].

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).

* Sa'anei, Yusuf, An Approach to Women's Rights, Qom, Fiqh al-Thaqalayn Publications, 1397 SH.

* Sa'anei, Yusuf, Equality of Diya, Qom, Fiqh al-Thaqalayn Publications, 1384 SH.

* Sa'anei, Yusuf, Equality of Qisas, Qom, Fiqh al-Thaqalayn, 1383 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.

* Sa'anei, Yusuf, Puberty of Girls, Qom, Fiqh al-Thaqalayn, 1385 SH.

* Sa'anei, Yusuf, Resalah Tawdih al-Masa'il, Qom, Meysam-e Tammar Publications, 1392 SH.

* Sa'anei, Yusuf, Women's Testimony in Islam, Qom, Fiqh al-Thaqalayn, 1388 SH.