Yousef Saanei

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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.

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]].

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]].

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 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 ==

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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.
-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]].
+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]].
-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 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 ==

Yousef Saanei: Difference between revisions