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).

Yousef Saanei was an Iranian Shia Mujtahid known for fatwas that differed from the consensus of the Shia jurists of his era. He was born in 1316 SH in Isfahan and passed away in 1399 SH in the city of Qom. He began his studies at the Isfahan Seminary (1325 SH) and completed them at the Qom Seminary (from 1330 SH). In Qom, he benefited from masters such as [[Sayyid Husayn Tabataba'i Borujerdi|Sayyid Husayn Borujerdi]], [[Sayyid Muhammad Muhaqqiq Damad]], and [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], and he began teaching Kharij al-Fiqh in 1354 SH. Some of his jurisprudential works include: Resalah Tawdih al-Masa'il, Manasik al-Hajj, Majma' al-Masa'il, Muntakhab al-Ahkam, Medical Istifta'at, Misbah al-Muqallidin, Ahkam al-Banuan (Rulings for Women), and Kitab al-Talaq.<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 53-55.</ref>

Sa'anei's revolutionary activities prior to the 1979 Islamic Revolution involved efforts in cultural and promotional dimensions, such as issuing political declarations and statements.<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, p. 93.</ref> Following the Islamic Revolution, his record includes membership in the Guardian Council, the Prosecutor General's office, membership in the Society of Seminary Teachers of Qom, membership in the Assembly of Experts, and the [[Expediency Discernment Council]].<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 114-126.</ref>