Yousef Saanei: Difference between revisions
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Citing verses such as [[Surah An-Nahl, Verse 90|“Indeed, Allah orders justice”]] (Nahl, 90) and other verses ([[Surah Al-An'am, Verse 115|An'am, 115]], [[Surah Fussilat, Verse 46|Fussilat, 46]], and [[Surah An-Nisa, Verse 40|Nisa, 40]], [[Surah Ghafir, Verse 31|Ghafir, 31]]), Sa'anei believes that the system of God's commands is organized in terms of justice and that the standard of every religious command is justice. Therefore, according to the aforementioned verses and the priority of the Quran over hadiths and the command to discard hadiths contrary to the Quran,<ref>Kulayni, Al-Kafi, vol. 1, pp. 69-70.</ref> if the customary conception of justice is incompatible with the general or absolute edicts in hadiths or the explicit text of an uncertainly-said hadith (Zanni al-Sudur), the customary conception of justice must be taken priority over hadiths and the ones containing an unjust ruling (on customary conception) must be discarded or interpreted (Ta'wil).<ref>Sa'anei, An Approach to Women's Rights, pp. 166-167; Ali-Akbarian, The Principle of Justice in Imami Fiqh, pp. 260-274.</ref> | Citing verses such as [[Surah An-Nahl, Verse 90|“Indeed, Allah orders justice”]] (Nahl, 90) and other verses ([[Surah Al-An'am, Verse 115|An'am, 115]], [[Surah Fussilat, Verse 46|Fussilat, 46]], and [[Surah An-Nisa, Verse 40|Nisa, 40]], [[Surah Ghafir, Verse 31|Ghafir, 31]]), Sa'anei believes that the system of God's commands is organized in terms of justice and that the standard of every religious command is justice. Therefore, according to the aforementioned verses and the priority of the Quran over hadiths and the command to discard hadiths contrary to the Quran,<ref>Kulayni, Al-Kafi, vol. 1, pp. 69-70.</ref> if the customary conception of justice is incompatible with the general or absolute edicts in hadiths or the explicit text of an uncertainly-said hadith (Zanni al-Sudur), the customary conception of justice must be taken priority over hadiths and the ones containing an unjust ruling (on customary conception) must be discarded or interpreted (Ta'wil).<ref>Sa'anei, An Approach to Women's Rights, pp. 166-167; Ali-Akbarian, The Principle of Justice in Imami Fiqh, pp. 260-274.</ref> | ||
Sa'anei utilizes this rule in issuing fatwa; for example, he does not | Sa'anei utilizes this rule in issuing fatwa; for example, he does not regarded the reasons for men's right to divorce their wives as absolute rules and considers cases such as man's divorcing his wife without reason or man's refusal to divorce his wife in Khul' (when the woman is averse and has gifted or returned the dowry) as oppressive from the customary perspective, because it is customarily unjust to give the men full authority and take away women's authority solely on the basis of their gender. So he is of the opinion that the hadith "The man to whom the woman is married has the authority to divorce her" is not the absolute rule.<ref>Sa'anei, An Approach to Women's Rights, pp. 552-553.</ref> And he pointed out some early scholars such as Ibn Zuhrah al-Halabi<ref>Ibn Zuhrah al-Halabi, Ghunyat al-Nuzu' ila Ilmay al-Usul wa al-Furu', p. 375.</ref> and Shaykh al-Tusi<ref>Tusi, Al-Nihayah fi Mujarrad al-Fiqh wa al-Fatawa, p. 529.</ref> also considered divorcing the wife in Khul' to be obligatory for the man. | ||
Another example is the rejection of the blood money (Diya) of a woman being half; Sa'anei considers this ruling unjust from a conventional perspective given the equality of men and women in human identity and social and economic rights (confirmed by reason, the Book, and the Sunnah), and believes that narrations indicating the halving of a woman's Diya are discarded due to their contradiction with justice (the Quranic standard for rulings).<ref>Sa'anei, Equality of Diya, pp. 62-64.</ref> | Another example is the rejection of the blood money (Diya) of a woman being half; Sa'anei considers this ruling unjust from a conventional perspective given the equality of men and women in human identity and social and economic rights (confirmed by reason, the Book, and the Sunnah), and believes that narrations indicating the halving of a woman's Diya are discarded due to their contradiction with justice (the Quranic standard for rulings).<ref>Sa'anei, Equality of Diya, pp. 62-64.</ref> | ||