Yousef Saanei: Difference between revisions
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=== Special Attention to the Holy Quran === | === Special Attention to the Holy Quran === | ||
One of Saanei's primary foundations is the prioritization of the Quran. He, on Qisas issue, appeals to the usuli rule of the precedence of the certainly-said Quranic texts (Qat'i al-Sudur) over the uncertainly-said hadith (Zanni al-Sudur).<ref>Na'ini, Ajwad al-Taqrirat, vol. 1, p. 505.</ref> He cites two verses: [[Surah Al-Ma'idah, Verse 45|“And We ordained for them therein a life for a life...”]] (Ma'idah, 45) and [[Surah Al-Baqarah, Verse 178|“Prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female”]] (Baqarah, 178) and considers their indication of equal Qisas for men and women to be clear and explicit (Nass). Therefore, | One of Saanei's primary foundations is the prioritization of the Quran. He, on Qisas issue, appeals to the usuli rule of the precedence of the certainly-said Quranic texts (Qat'i al-Sudur) over the uncertainly-said hadith (Zanni al-Sudur).<ref>Na'ini, Ajwad al-Taqrirat, vol. 1, p. 505.</ref> He cites two verses: [[Surah Al-Ma'idah, Verse 45|“And We ordained for them therein a life for a life...”]] (Ma'idah, 45) and [[Surah Al-Baqarah, Verse 178|“Prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female”]] (Baqarah, 178) and considers their indication of equal Qisas for men and women to be clear and explicit (Nass). Therefore, in his opinion it is wrong to act upon hadiths indicate that taking a woman's revenge against a man as Qisas depends on payment of half the man's Diya, because they are explicitly contradict with the Quran.<ref>Sa'anei, Equality of Qisas, p. 43; cf. Mehrpour, Issues in Women's Rights, pp. 248-249.</ref> | ||
Regarding [[Women's Testimony]], Sa'anei focuses on the verse [[Surah Al-Baqarah, Verse 282|“And if there are not two men [available], then a man and two women... so that if one of them errs, the other can remind her”]] (Baqarah: 282). Drawing an inference from the verse, he concludes that the ruling of two women's testimony being equivalent to one man's is, firstly, restricted to financial matters (debt) and, secondly, is not permanent and inclusive of all women. This is because, according to scholars of Usul, if a cause (Illah) is mentioned alongside a ruling and a matter appears as the cause, the ruling revolves around that cause.<ref>Allamah al-Hilli, Nihayat al-Wusul ila Ilm al-Usul, vol. 2, p. 201; Najmabadi, Al-Usul, vol. 1, p. 508.</ref> In his view, the cause in this verse is "the forgetfulness of one woman and the need for the other to remind her," which related to the social conditions of women at the time of revelation (lack of social presence and weakness in financial calculations). Since women today have a prominent presence in social fields and are precise in financial calculations, their testimony in court is equal to that of men because the problem of forgetfulness has been negated.<ref>Sa'anei, Women's Testimony in Islam, pp. 57-59.</ref> | Regarding [[Women's Testimony]], Sa'anei focuses on the verse [[Surah Al-Baqarah, Verse 282|“And if there are not two men [available], then a man and two women... so that if one of them errs, the other can remind her”]] (Baqarah: 282). Drawing an inference from the verse, he concludes that the ruling of two women's testimony being equivalent to one man's is, firstly, restricted to financial matters (debt) and, secondly, is not permanent and inclusive of all women. This is because, according to scholars of Usul, if a cause (Illah) is mentioned alongside a ruling and a matter appears as the cause, the ruling revolves around that cause.<ref>Allamah al-Hilli, Nihayat al-Wusul ila Ilm al-Usul, vol. 2, p. 201; Najmabadi, Al-Usul, vol. 1, p. 508.</ref> In his view, the cause in this verse is "the forgetfulness of one woman and the need for the other to remind her," which related to the social conditions of women at the time of revelation (lack of social presence and weakness in financial calculations). Since women today have a prominent presence in social fields and are precise in financial calculations, their testimony in court is equal to that of men because the problem of forgetfulness has been negated.<ref>Sa'anei, Women's Testimony in Islam, pp. 57-59.</ref> | ||