Women Fiqh

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=== Reducing Distinctions by Rethinking Usuli Rules ===

This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. According to this attitude, some common principles may not be efficient for meeting the needs of our time. Citing new foundations such as the [[Authority of ~~speculative~~ reason]] (Hujjiyyah of Aql-e Zanni) alongside verbal religious evidence, or revising the authority of the hadith narrated by a single trustworthy person only (Khabar Wahid) are examples of this efforts that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "Authority of Speculative Reason in Fiqhi Inference", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>

This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. According to this attitude, some common principles may not be efficient for meeting the needs of our time. Citing new foundations such as the [[Authority of presumptive reason]] (Hujjiyyah of Aql-e Zanni) alongside verbal religious evidence, or revising the authority of the hadith narrated by a single trustworthy person only (Khabar Wahid) are examples of this efforts that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "Authority of Speculative Reason in Fiqhi Inference", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>

In this context, [[Muhammad Sadeqi Tehrani]] does not consider Tradition (Sunnah) to be even a ~~uncertain proof~~ due to problems such as objections in the chain of narratives the (Rijal), lack of Tawatur (abundant transmission), contradiction and conflict of them, possibility of fabrication, possibility of Taqiyyah (prudence and dissimulation), quotation of the content of words, and possibility of fragmentation. He believes that the Quran, i.e. its appearances and explicitly texts, is the main reference for inferring rulings, and it is at the highest level because it does not have the problems mentioned.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money|issue of blood money]], based on strong opposition to the famous hadith of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So if anyone commits aggression against you, attack him as he attacked you" ([[Verse 194 of Surah Al-Baqarah|Quran 2:134]]) and "an equal wound for a wound" ([[Verse 45 of Surah Al-Ma'idah|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned hadith and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>

In this context, [[Muhammad Sadeqi Tehrani]] does not consider Tradition (Sunnah) to be even a presumptive evidence due to problems such as objections in the chain of narratives the (Rijal), lack of Tawatur (abundant transmission), contradiction and conflict of them, possibility of fabrication, possibility of Taqiyyah (prudence and dissimulation), quotation of the content of words, and possibility of fragmentation. He believes that the Quran, i.e. its appearances and explicitly texts, is the main reference for inferring rulings, and it is at the highest level because it does not have the problems mentioned.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money|issue of blood money]], based on strong opposition to the famous hadith of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So if anyone commits aggression against you, attack him as he attacked you" ([[Verse 194 of Surah Al-Baqarah|Quran 2:134]]) and "an equal wound for a wound" ([[Verse 45 of Surah Al-Ma'idah|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned hadith and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>

== Footnotes ==

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 === Reducing Distinctions by Rethinking Usuli Rules ===
-This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. According to this attitude, some common principles may not be efficient for meeting the needs of our time. Citing new foundations such as the [[Authority of speculative reason]] (Hujjiyyah of Aql-e Zanni) alongside verbal religious evidence, or revising the authority of the hadith narrated by a single trustworthy person only (Khabar Wahid) are examples of this efforts that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "Authority of Speculative Reason in Fiqhi Inference", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>
+This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. According to this attitude, some common principles may not be efficient for meeting the needs of our time. Citing new foundations such as the [[Authority of presumptive reason]] (Hujjiyyah of Aql-e Zanni) alongside verbal religious evidence, or revising the authority of the hadith narrated by a single trustworthy person only (Khabar Wahid) are examples of this efforts that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "Authority of Speculative Reason in Fiqhi Inference", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>
-In this context, [[Muhammad Sadeqi Tehrani]] does not consider Tradition (Sunnah) to be even a uncertain proof due to problems such as objections in the chain of narratives the (Rijal), lack of Tawatur (abundant transmission), contradiction and conflict of them, possibility of fabrication, possibility of Taqiyyah (prudence and dissimulation), quotation of the content of words, and possibility of fragmentation. He believes that the Quran, i.e. its appearances and explicitly texts, is the main reference for inferring rulings, and it is at the highest level because it does not have the problems mentioned.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money|issue of blood money]], based on strong opposition to the famous hadith of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So if anyone commits aggression against you, attack him as he attacked you" ([[Verse 194 of Surah Al-Baqarah|Quran 2:134]]) and "an equal wound for a wound" ([[Verse 45 of Surah Al-Ma'idah|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned hadith and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>
+In this context, [[Muhammad Sadeqi Tehrani]] does not consider Tradition (Sunnah) to be even a presumptive evidence due to problems such as objections in the chain of narratives the (Rijal), lack of Tawatur (abundant transmission), contradiction and conflict of them, possibility of fabrication, possibility of Taqiyyah (prudence and dissimulation), quotation of the content of words, and possibility of fragmentation. He believes that the Quran, i.e. its appearances and explicitly texts, is the main reference for inferring rulings, and it is at the highest level because it does not have the problems mentioned.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money|issue of blood money]], based on strong opposition to the famous hadith of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So if anyone commits aggression against you, attack him as he attacked you" ([[Verse 194 of Surah Al-Baqarah|Quran 2:134]]) and "an equal wound for a wound" ([[Verse 45 of Surah Al-Ma'idah|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned hadith and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>
 == Footnotes ==

Women Fiqh: Difference between revisions