Yousef Saanei

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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 ~~the narrations~~ indicating the puberty of girls at 9 ~~years~~ into three categories: 1. ~~Absolute narrations~~ referring to 9 years, 2. ~~Narrations~~ paired with other ~~signs~~ such as menstruation, and 3. ~~Narrations~~ explicitly ~~specifying~~ 9 ~~years due to menstruation~~: "Because when a girl reaches nine years, she menstruates."<ref>Kulayni, Al-Kafi, vol. 7, p. 69.</ref> ~~Sa'anei~~ infers from this set that 9 ~~years~~ is a "pointing title" (unwan mushir) and lacks inherent subject-matter significance; because the first category of ~~narrations~~ is restricted by the second and third categories~~, and~~ based on the third category, ~~menstruation is~~ the cause ~~and subject~~ of puberty. Therefore, if a 9-year-old girl does not menstruate, she is not considered mature (baligh). Relying on a reliable (muwaththaq) ~~narration~~, he considers 13 years as another independent ~~criterion~~ for puberty.<ref>Sa'anei, Puberty of Girls, pp. 11-43.</ref>

Saanei divides hadiths indicating the puberty of girls at the age of 9 into three categories: 1. Hadiths referring to 9 years 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 ~~narrations of~~ puberty (~~with~~ different ages of 9, 10, and 13) were issued from the Infallible's ~~capacity~~ of ~~branch-derivation~~ (tafri')~~—explaining specific instances~~ of a general ~~rule—rather~~ than the ~~capacity of~~ legislation (tashri'); since the main criterion is menstruation and the specific age (like 9 ~~years~~) was an instance suited to the conditions of the time of issuance and is ~~not~~ absolutely ~~binding~~ in Fiqh.<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 it is wrong to be cited absolutely in Fiqh.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref>

=== Opposition to Consensus and Popularity ===

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 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 the narrations indicating the puberty of girls at 9 years into three categories: 1. Absolute narrations referring to 9 years, 2. Narrations paired with other signs such as menstruation, and 3. Narrations explicitly specifying 9 years due to menstruation: "Because when a girl reaches nine years, she menstruates."<ref>Kulayni, Al-Kafi, vol. 7, p. 69.</ref> Sa'anei infers from this set that 9 years is a "pointing title" (unwan mushir) and lacks inherent subject-matter significance; because the first category of narrations is restricted by the second and third categories, and based on the third category, menstruation is the cause and subject of puberty. Therefore, if a 9-year-old girl does not menstruate, she is not considered mature (baligh). Relying on a reliable (muwaththaq) narration, he considers 13 years as another independent criterion for puberty.<ref>Sa'anei, Puberty of Girls, pp. 11-43.</ref>
+Saanei divides hadiths indicating the puberty of girls at the age of 9 into three categories: 1. Hadiths referring to 9 years 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 narrations of puberty (with different ages of 9, 10, and 13) were issued from the Infallible's capacity of branch-derivation (tafri')—explaining specific instances of a general rule—rather than the capacity of legislation (tashri'); since the main criterion is menstruation and the specific age (like 9 years) was an instance suited to the conditions of the time of issuance and is not absolutely binding in Fiqh.<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 it is wrong to be cited absolutely in Fiqh.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref>
 === Opposition to Consensus and Popularity ===

Yousef Saanei: Difference between revisions