Yousef Saanei: Difference between revisions
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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. | 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. | ||
He is also opposed to the idea of a woman's blood money (Diya) being half that of a man's. Saanei considers that customarily unjust because men and women are equal in human identity and social and economic rights (the rights confirmed by reason, Quran, and the Sunnah), and believes that hadiths indicating the halving of a woman's blood money must be discarded due to their contradiction with justice (this is a Quranic criterion for rulings).<ref>Sa'anei, Equality of Diya, pp. 62-64.</ref> | |||
=== Special Attention to the Holy Quran === | === Special Attention to the Holy Quran === | ||