Yousef Saanei: Difference between revisions
No edit summary |
|||
| (4 intermediate revisions by the same user not shown) | |||
| Line 30: | Line 30: | ||
'''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. | '''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 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 ( | 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 (retaliation)]] 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 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). | 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 == | == Academic and Political Biography == | ||
Yousef Saanei was an Iranian Shia Mujtahid known for fatwas that differed from the common ones in the Shia jurists of his era. He was born in 1316 SH (1937 AD) in Isfahan and passed away in 1399 SH (2020) in Qom. He began his studies at the Isfahan Seminary (1325 SH/1946) and completed them at the Qom Seminary (from 1330 SH/1951). He studied in Qom with some scholars such as [[Sayyid Husayn Tabataba'i Borujerdi|Sayyid Husayn Borujerdi]], [[Sayyid Muhammad Muhaqqiq Damad]], and [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], and he began advanced teaching of jurisprudence (Kharij al-Fiqh) in 1354 SH/1975. Some of his jurisprudential works include: Resalah Tawdih al-Masa'il (a treatise of practical jurisprudence), Manasik al-Hajj (the rituals of the pilgrimage to Mecca), Majma' al-Masa'il, Muntakhab al-Ahkam, Medical Istifta'at (inquiries of the followers), Misbah al-Muqallidin, Ahkam Banuwan (Rulings for Women), and Kitab al-Talaq (a book on divorce).<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> | Yousef Saanei was an Iranian Shia Mujtahid known for fatwas that differed from the common ones in the Shia jurists of his era. He was born in 1316 SH (1937 AD) in Isfahan and passed away in 1399 SH (2020) in Qom. He began his studies at the Isfahan Seminary (1325 SH/1946 AD) and completed them at the Qom Seminary (from 1330 SH/1951). He studied in Qom with some scholars such as [[Sayyid Husayn Tabataba'i Borujerdi|Sayyid Husayn Borujerdi]], [[Sayyid Muhammad Muhaqqiq Damad]], and [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], and he began advanced teaching of jurisprudence (Kharij al-Fiqh) in 1354 SH/1975. Some of his jurisprudential works include: Resalah Tawdih al-Masa'il (a treatise of practical jurisprudence), Manasik al-Hajj (the rituals of the pilgrimage to Mecca), Majma' al-Masa'il, Muntakhab al-Ahkam, Medical Istifta'at (inquiries of the followers), Misbah al-Muqallidin, Ahkam Banuwan (Rulings for Women), and Kitab al-Talaq (a book on divorce).<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> After the Islamic Revolution in Iran, he was Prosecutor-General of Iran for a time, and was an appointed Faqih of the Guardian Council, a member of the Society of Seminary Teachers of Qom, an elected member in the Assembly of Experts, and an appointed member of 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> | 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> After the Islamic Revolution in Iran, he was Prosecutor-General of Iran for a time, and was an appointed Faqih of the Guardian Council, a member of the Society of Seminary Teachers of Qom, an elected member in the Assembly of Experts, and an appointed member of 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> | ||
| Line 66: | Line 66: | ||
According to Saanei, the dynamism of Fiqh is tied to the "revision of evidence"; this revision does not mean changing or discarding evidence or imposing external beliefs upon it, but rather asking new questions about the texts and analyzing them for properly answers. This process is dealt with the common rules of Usul al-Fiqh and does not necessarily lead to innovation (Ijtihad) in Usul; rather, it could be inferred different fatwas from the branches (Furu') in a new inferential process, relied on the same common methodology. For example, in the issue of the [[Puberty of Girls]], the revision of evidence led him to maintain 13 years of age as an independent criterion for puberty. | According to Saanei, the dynamism of Fiqh is tied to the "revision of evidence"; this revision does not mean changing or discarding evidence or imposing external beliefs upon it, but rather asking new questions about the texts and analyzing them for properly answers. This process is dealt with the common rules of Usul al-Fiqh and does not necessarily lead to innovation (Ijtihad) in Usul; rather, it could be inferred different fatwas from the branches (Furu') in a new inferential process, relied on the same common methodology. For example, in the issue of the [[Puberty of Girls]], the revision of evidence led him to maintain 13 years of age as an independent criterion for puberty. | ||
Saanei divides hadiths indicating the puberty of girls at the age of 9 into three categories: 1. Hadiths referring to 9 | Saanei divides hadiths indicating the puberty of girls at the age of 9 into three categories: 1. Hadiths referring to age 9 without any condition, 2. Hadiths paired with other things such as menstruation, and 3. Hadiths explicitly specify the age of 9 because that's when they start menstruating: "Because when a girl reaches nine years, she menstruates."<ref>Kulayni, Al-Kafi, vol. 7, p. 69.</ref> Saanei infers from this set that the age of 9 is a "pointing title" (unwan mushir) and lacks inherent subject-matter significance; because the first category of hadiths is restricted by the second and third categories; so based on the third category, the relevant matter and the cause of puberty is menstruation. Therefore, if a 9-year-old girl does not menstruate, she is not considered mature (baligh). Relying on a reliable (muwaththaq) hadith, he considers 13 years as another independent indicator for puberty.<ref>Sa'anei, Puberty of Girls, pp. 11-43.</ref> | ||
In support of this view, some contemporary writers also believe that the hadiths related to puberty (indicating different ages of 9, 10, and 13) were issued from the Infallible's statue for subdivision of rules (tafri')—exemplification of a general rule— rather than the statue for legislation (tashri'); since the main criterion is menstruation and the specific age (like 9) was an instance suited to the conditions of the time of issuance and in Fiqh it can not be cited to unconditionally.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref> | In support of this view, some contemporary writers also believe that the hadiths related to puberty (indicating different ages of 9, 10, and 13) were issued from the Infallible's statue for subdivision of rules (tafri')—exemplification of a general rule— rather than the statue for legislation (tashri'); since the main criterion is menstruation and the specific age (like 9) was an instance suited to the conditions of the time of issuance and in Fiqh it can not be cited to unconditionally.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref> | ||
| Line 76: | Line 76: | ||
=== Principle of No-Hardship (Nafi al-Haraj) === | === Principle of No-Hardship (Nafi al-Haraj) === | ||
Another | Another frequently used rule in Yousef Saanei's jurisprudence is the [[Principle of No-Hardship (Nafi al-Haraj)]]. From his perspective, this rule is a definitive ruling, but the crucial matter is its extent. Sharia is based on the negation of difficulty and hardship (usr wa haraj). "Hardship" (haraj) is a customary concept without a seperate religious definition and its instances is identified customarily. The principle of ease and facilitation in religion is a governing criterion (a general principle) and can even be cited as a preference-criterion (murajjih) in the conflict of hadiths.<ref>Saanei, An Approach to Women's Rights, p. 205.</ref> | ||
His fatwa on the [[Mahramiyyah of the Adopted Child]] is a | His fatwa on the [[Mahramiyyah of the Adopted Child]] is a prominent instance of this approach. He states on a question of mahramiyyah of a child whom someone adopted from the State Welfare Organization and whose age has passed the breastfeeding (ridha') period: we can not rely on the common religious ways (breastfeeding or marriage contract) in these cases, but there is no prohibition for looking given that caring for helpless children is a recommended and desirable act (birr and ihsan) leading to otherworldly reward and happiness in both worlds, and hardships and difficulties results from being non-mahram after the child's puberty (such as the problem of informing the child about his/her real parents, the spiritual suffering from childlessness, and the disruption of normal life). Citing the principle that "Islam is a religion of ease and facility," Saanei says these hardships allow us to lift the mandatory ruling (al-hukm al-taklifi).<ref>Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Saanei from the Perspective of Others, pp. 166-168.</ref> He is the first jurist who explicitly cited to the hardship to lift the prohibition of looking. | ||
== Critics and Opponents == | == Critics and Opponents == | ||
There has been widespread criticism of the specific fatwas of Yousef Saanei. The Society of Seminary Teachers of Qom stated in response to a question regarding his religious authority: "based on investigations conducted over the past year and numerous sessions, The Society of Seminary Teachers of Qom has concluded that he lacks the necessary criteria to be a religious authority."<ref>[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.</ref> At the same time, the Farda website claimed that they had inquired about the opinions of other Maraji' offices about Marja'iyyah of Yousef Saanei, and none of them considered this statement sufficient to disqualify him from Marja'iyyah, and the office of the Supreme Leader had not answered explicitly and had refered to one of the other Maraji'.<ref>Opinions of the Maraja' Offices regarding the followers of Ayatollah Sa'anei, Khabar Online.</ref> The Assembly of Teachers and Researchers of the Qom Seminary also issued a statement expressing regret over this action.<ref>[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.</ref> | |||
Some books and articles have been written in criticism of Yousef Saanei's jurisprudential views, including: | |||
"Guarding Jurisprudence; A Critique of Ayatollah | * "Guarding Jurisprudence; A Critique of Ayatollah Saanei's Jurisprudential Views," by Husayn Hashemian, Ali-Asghar Hematian Sadrollahi Damghani, and Mahmoud Moqaddami, Tehran, Vosough, 1387 SH. | ||
" | * "Reviewing the Jurisprudential and Political Views of Ayatollah Saanei," by Omid Hosseini, Tehran, Islamic Revolution Document Center, 1392 SH. | ||
"Defense of Islamic Fiqh and Politics," by Sayyid Muhammad Baqir Hasheminia, Tehran, Vosough, 1386 SH. | * "Defense of Islamic Fiqh and Politics," by Sayyid Muhammad Baqir Hasheminia, Tehran, Vosough, 1386 SH. | ||
" | * "The Review of Ayatollah Sanei's Opinion on the Blood Money of Moslem man and Woman," Contemporary Comparative Legal Studies, by Muhammad Ibrahimnezhad, Vo. 7, No. 12, 1395 SH. | ||
"Critique and Review: Contemporary Jurisprudential Innovations according to Jurisprudential and Ijtihadi Standards," by Mahdi Nikouei, Tehran, Athar-e Amin, 1385 SH. | * "Critique and Review: Contemporary Jurisprudential Innovations according to Jurisprudential and Ijtihadi Standards," by Mahdi Nikouei, Tehran, Athar-e Amin, 1385 SH. | ||
" | * "Criticism of Usury for Production," Ahl al-Bayt (AS) Fiqh Journal, by Reza Mohammadi Karaji, No. 58-59, 1388 SH. | ||
Some of the criticisms of | Some of the criticisms of Saanei focus on his jurisprudential foundations and, in fact, reject the major premise of his arguments; such as the critiques directed at the Principle of Justice.<ref>Ali-Akbarian, The Principle of Justice in Imami Fiqh, pp. 60-73.</ref> Other criticisms relate to the application of the aforementioned principles to jurisprudential subjects and are about the minor premise of the arguments; such as the criticism regarding the Mahramiyyah of adopted children, where it is not accepted to cause a hardship.<ref>Shariati-Nasab, Mahramiyyah in Adoption, pp. 241-242.</ref> | ||
Despite the critiques and opposition to | Despite the critiques and opposition to Saanei's jurisprudential opinions, some of his critics maintain that his jurisprudential views cannot be called heresy (bid'ah); because not every innovation is bid'ah, and a view is considered heresy if, firstly, it is presented as a part of religion, and secondly, no specific or general proof, based on valid religious sources, can be provided for it.<ref>Turayhi, Majma' al-Bahrayn, vol. 4, pp. 298-299; Raghib, Mufradat Alfadh al-Quran, p. 111.</ref> | ||
== Footnotes == | == Footnotes == | ||