Yousef Saanei

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=== Principle of Justice (Qa'idat al-Adl) ===

The Principle of Justice is one of the important and influential rules in Sa'anei's jurisprudence.<ref>Sa'anei, An Approach to Women's Rights, pp. 166-167.</ref> According to this rule, a ruling that contradicts justice could not be issued by the Sacred Legislator, and religious sources such as the Quran and Sunnah serve to express the general criteria and standards of justice and oppression, while delegating the determination of instances and details to custom (Urf) and ~~rationality~~ (Aql). The Legislator considers custom as a criterion and binds himself to the judgment of custom, except in cases where the custom is facing an explicit religious text (Nass). Inferring religious rulings, as well as issuing a fatwa, jurist and Mujtahid must apply customary criteria of his era and conform religious standards to that. If the rational custom of society considers something to be oppression, the jurist cannot present it as justice, and vice versa; unless a definitive explicit religious text refuses it.<ref>Qabil (Jami), The Principle of Justice and the Negation of Oppression, 147-174.</ref>

The Principle of Justice is one of the important and influential rules in Sa'anei's jurisprudence.<ref>Sa'anei, An Approach to Women's Rights, pp. 166-167.</ref> According to this rule, a ruling that contradicts justice could not be issued by the Sacred Legislator, and religious sources such as the Quran and Sunnah serve to express the general criteria and standards of justice and oppression, while delegating the determination of instances and details to custom (Urf) and common sense (Aql). The Legislator considers custom as a criterion and binds himself to the judgment of custom, except in cases where the custom is facing an explicit religious text (Nass). Inferring religious rulings, as well as issuing a fatwa, jurist and Mujtahid must apply customary criteria of his era and conform religious standards to that. If the rational custom of society considers something to be oppression, the jurist cannot present it as justice, and vice versa; unless a definitive explicit religious text refuses it.<ref>Qabil (Jami), The Principle of Justice and the Negation of Oppression, 147-174.</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>

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 === Principle of Justice (Qa'idat al-Adl) ===
-The Principle of Justice is one of the important and influential rules in Sa'anei's jurisprudence.<ref>Sa'anei, An Approach to Women's Rights, pp. 166-167.</ref> According to this rule, a ruling that contradicts justice could not be issued by the Sacred Legislator, and religious sources such as the Quran and Sunnah serve to express the general criteria and standards of justice and oppression, while delegating the determination of instances and details to custom (Urf) and rationality (Aql). The Legislator considers custom as a criterion and binds himself to the judgment of custom, except in cases where the custom is facing an explicit religious text (Nass). Inferring religious rulings, as well as issuing a fatwa, jurist and Mujtahid must apply customary criteria of his era and conform religious standards to that. If the rational custom of society considers something to be oppression, the jurist cannot present it as justice, and vice versa; unless a definitive explicit religious text refuses it.<ref>Qabil (Jami), The Principle of Justice and the Negation of Oppression, 147-174.</ref>
+The Principle of Justice is one of the important and influential rules in Sa'anei's jurisprudence.<ref>Sa'anei, An Approach to Women's Rights, pp. 166-167.</ref> According to this rule, a ruling that contradicts justice could not be issued by the Sacred Legislator, and religious sources such as the Quran and Sunnah serve to express the general criteria and standards of justice and oppression, while delegating the determination of instances and details to custom (Urf) and common sense (Aql). The Legislator considers custom as a criterion and binds himself to the judgment of custom, except in cases where the custom is facing an explicit religious text (Nass). Inferring religious rulings, as well as issuing a fatwa, jurist and Mujtahid must apply customary criteria of his era and conform religious standards to that. If the rational custom of society considers something to be oppression, the jurist cannot present it as justice, and vice versa; unless a definitive explicit religious text refuses it.<ref>Qabil (Jami), The Principle of Justice and the Negation of Oppression, 147-174.</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>

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