Women's Fiqh

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This approach, unlike the three previous approaches, directly intervenes in the Fatwa stage and achieves egalitarian Fatwas by critical re-reading of evidence and disputing the chain of transmission (Sanad) or indication (Dalalah) of narrations. For example, [[Mohammad-Ebrahim Jannati Shahroudi]], in this very line, believes: "Holding the position of judgeship by a woman, provided she possesses the conditions, is not impeded. For women, holding other positions such as social, political, scientific, cultural, artistic, managerial positions, presidencies, etc., provided they have the capability to perform them and maintain Shari'a standards regarding covering and otherwise, is not problematic."<ref>Jannati, Selected Fatwas, contained in the information website of Ayatollah Jannati.</ref> This approach is committed to following the common Usuli method among jurists and believes that even with the same common methods, rethinking the evidence can lead to new opinions.

[[~~Yusef~~ Saanei]] has also utilized the common Usuli rule of "priority of Quranic texts over narrational texts in the assumption of divergence" in the issue of unequal retaliation (Qisas) for men and women. He cites some Quranic verses and believes that their indication of [[Equality of retaliation for men and women|equality of retaliation for men and women]] is explicit. Consequently, acting upon narrations that look at inequality and make the retaliation of a woman against a man contingent upon paying half the man's blood money to his next of kin is difficult due to explicit opposition to the Quran.<ref>Saanei, ''Equality of Retaliation'', p. 43.</ref> In another example, by detailed examination of three categories of narrations that are the documentation of the famous Fatwa on the inequality of blood money for men and women, he disputes the indication or document of all these narrations and tries to reject the validity of these narrations using the same accepted Fiqhi rules, and finally issues a Fatwa on [[Equality of blood money for men and women|equality of blood money for men and women]] by citing Quranic generalities and absolutes.<ref>Saanei, ''Equality of Blood Money'', pp. 36-59.</ref>

[[Yousef Saanei]] has also utilized the common Usuli rule of "priority of Quranic texts over narrational texts in the assumption of divergence" in the issue of unequal retaliation (Qisas) for men and women. He cites some Quranic verses and believes that their indication of [[Equality of retaliation for men and women|equality of retaliation for men and women]] is explicit. Consequently, acting upon narrations that look at inequality and make the retaliation of a woman against a man contingent upon paying half the man's blood money to his next of kin is difficult due to explicit opposition to the Quran.<ref>Saanei, ''Equality of Retaliation'', p. 43.</ref> In another example, by detailed examination of three categories of narrations that are the documentation of the famous Fatwa on the inequality of blood money for men and women, he disputes the indication or document of all these narrations and tries to reject the validity of these narrations using the same accepted Fiqhi rules, and finally issues a Fatwa on [[Equality of blood money for men and women|equality of blood money for men and women]] by citing Quranic generalities and absolutes.<ref>Saanei, ''Equality of Blood Money'', pp. 36-59.</ref>

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

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 This approach, unlike the three previous approaches, directly intervenes in the Fatwa stage and achieves egalitarian Fatwas by critical re-reading of evidence and disputing the chain of transmission (Sanad) or indication (Dalalah) of narrations. For example, [[Mohammad-Ebrahim Jannati Shahroudi]], in this very line, believes: "Holding the position of judgeship by a woman, provided she possesses the conditions, is not impeded. For women, holding other positions such as social, political, scientific, cultural, artistic, managerial positions, presidencies, etc., provided they have the capability to perform them and maintain Shari'a standards regarding covering and otherwise, is not problematic."<ref>Jannati, Selected Fatwas, contained in the information website of Ayatollah Jannati.</ref> This approach is committed to following the common Usuli method among jurists and believes that even with the same common methods, rethinking the evidence can lead to new opinions.
-[[Yusef Saanei]] has also utilized the common Usuli rule of "priority of Quranic texts over narrational texts in the assumption of divergence" in the issue of unequal retaliation (Qisas) for men and women. He cites some Quranic verses and believes that their indication of [[Equality of retaliation for men and women|equality of retaliation for men and women]] is explicit. Consequently, acting upon narrations that look at inequality and make the retaliation of a woman against a man contingent upon paying half the man's blood money to his next of kin is difficult due to explicit opposition to the Quran.<ref>Saanei, ''Equality of Retaliation'', p. 43.</ref> In another example, by detailed examination of three categories of narrations that are the documentation of the famous Fatwa on the inequality of blood money for men and women, he disputes the indication or document of all these narrations and tries to reject the validity of these narrations using the same accepted Fiqhi rules, and finally issues a Fatwa on [[Equality of blood money for men and women|equality of blood money for men and women]] by citing Quranic generalities and absolutes.<ref>Saanei, ''Equality of Blood Money'', pp. 36-59.</ref>
+[[Yousef Saanei]] has also utilized the common Usuli rule of "priority of Quranic texts over narrational texts in the assumption of divergence" in the issue of unequal retaliation (Qisas) for men and women. He cites some Quranic verses and believes that their indication of [[Equality of retaliation for men and women|equality of retaliation for men and women]] is explicit. Consequently, acting upon narrations that look at inequality and make the retaliation of a woman against a man contingent upon paying half the man's blood money to his next of kin is difficult due to explicit opposition to the Quran.<ref>Saanei, ''Equality of Retaliation'', p. 43.</ref> In another example, by detailed examination of three categories of narrations that are the documentation of the famous Fatwa on the inequality of blood money for men and women, he disputes the indication or document of all these narrations and tries to reject the validity of these narrations using the same accepted Fiqhi rules, and finally issues a Fatwa on [[Equality of blood money for men and women|equality of blood money for men and women]] by citing Quranic generalities and absolutes.<ref>Saanei, ''Equality of Blood Money'', pp. 36-59.</ref>
 === Reducing Distinctions by Rethinking Usuli Rules ===

Women's Fiqh: Difference between revisions