Women's Fiqh: Difference between revisions
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This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. This attitude believes that some common principles may not be efficient for answering today's needs. Citing new foundations such as the [[Authority of speculative reason]] (Hujjiyyah of Aql-e Zanni) alongside tradition or revising the authority of the single report (Khabar Wahid) are examples of this approach that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "Authority of Speculative Reason in Fiqhi Inference", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> | This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. This attitude believes that some common principles may not be efficient for answering today's needs. Citing new foundations such as the [[Authority of speculative reason]] (Hujjiyyah of Aql-e Zanni) alongside tradition or revising the authority of the single report (Khabar Wahid) are examples of this approach that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "Authority of Speculative Reason in Fiqhi Inference", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> | ||
[[Muhammad Sadeqi Tehrani]], in this vein, does not consider Tradition (Sunnah) to be even a speculative proof due to problems such as the men of the chain (Rijal), lack of Tawatur (mass transmission), contradiction and conflict, possibility of fabrication, possibility of Taqiyyah (dissimulation), transmission by meaning, and possibility of fragmentation, and believes that the appearances and texts of the Quran, due to being free from all these problems, exist in a much stronger rank and must be the main reference in inferring rulings.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money|issue of blood money]], based on strong opposition to the famous narration of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So whoever has assaulted you, then assault him in the same way that he has assaulted you" ([[Verse 194 of Surah Al-Baqarah| | [[Muhammad Sadeqi Tehrani]], in this vein, does not consider Tradition (Sunnah) to be even a speculative proof due to problems such as the men of the chain (Rijal), lack of Tawatur (mass transmission), contradiction and conflict, possibility of fabrication, possibility of Taqiyyah (dissimulation), transmission by meaning, and possibility of fragmentation, and believes that the appearances and texts of the Quran, due to being free from all these problems, exist in a much stronger rank and must be the main reference in inferring rulings.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money|issue of blood money]], based on strong opposition to the famous narration of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So whoever has assaulted you, then assault him in the same way that he has assaulted you" ([[Verse 194 of Surah Al-Baqarah|Quran 2:134]]) and "Wounds equal for equal" ([[Verse 45 of Surah Al-Ma'idah|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned narration and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref> | ||
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