Yousef Saanei

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== Jurisprudential Principles and Rules ==

The principles and rules by which Sa'anei's jurisprudential fatwas were ~~derived~~ consist of five influential principles: the [[Principle of Justice (Qa'idat al-Adl)]], special attention to the Quran, revision of evidence based on contemporary requirements, the [[Principle of No-Hardship (Qa'idat al-La Haraj)]], and opposition to consensus (Ijma') and popularity (Shuhrat). Sa'anei's fatwas~~, although innovative,~~ do not fall outside the framework of jurisprudential inferences, even if they present some relatively new principles.

The principles and rules on which Sa'anei's jurisprudential fatwas were based consist of five influential principles: the [[Principle of Justice (Qa'idat al-Adl)]], special attention to the Quran, revision of evidence based on contemporary requirements, the [[Principle of No-Hardship (Qa'idat al-La Haraj)]], and opposition to consensus (Ijma') and popularity (Shuhrat). Sa'anei's fatwas do not fall outside the framework of jurisprudential inferences, even if they are innovative and present some relatively new principles.

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

The Principle of Justice is one of the important and influential rules in Sa'anei's ~~practice of Fiqh~~.<ref>Sa'anei, An Approach to Women's Rights, pp. 166-167.</ref> According to this rule, a ruling that contradicts justice is not 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 ~~convention~~ (Urf) and ~~social reason~~ (Aql). The Legislator ~~places convention in the position of judgment~~ and ~~is itself committed~~ to the judgment of ~~convention~~, except in cases where ~~there~~ is an explicit religious text (Nass) ~~to the contrary~~. ~~The~~ jurist and Mujtahid~~, in the position of inference,~~ must ~~adapt religious~~ criteria ~~to the convention~~ of ~~their time~~ and~~, in issuing a fatwa, take the judgment of convention as the criterion~~. If the rational ~~convention~~ of society considers something to be oppression, the jurist cannot present it as justice, and vice versa; unless a definitive religious text ~~exists~~.<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 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>

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 within the framework of justice and that the standard of every religious command is justice. Therefore, if the conventional understanding of justice is incompatible with the generalities or absolutes of narrations or with the text of a narration of non-definitive origin (Zanni al-Sudur), then according to the aforementioned verses and the priority of the Quran over narrations and the command to discard narrations contrary to the Quran,<ref>Kulayni, Al-Kafi, vol. 1, pp. 69-70.</ref> the conventional understanding takes precedence, and narrations containing an unjust ruling (from the perspective of Urf) are 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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 == Jurisprudential Principles and Rules ==
-The principles and rules by which Sa'anei's jurisprudential fatwas were derived consist of five influential principles: the [[Principle of Justice (Qa'idat al-Adl)]], special attention to the Quran, revision of evidence based on contemporary requirements, the [[Principle of No-Hardship (Qa'idat al-La Haraj)]], and opposition to consensus (Ijma') and popularity (Shuhrat). Sa'anei's fatwas, although innovative, do not fall outside the framework of jurisprudential inferences, even if they present some relatively new principles.
+The principles and rules on which Sa'anei's jurisprudential fatwas were based consist of five influential principles: the [[Principle of Justice (Qa'idat al-Adl)]], special attention to the Quran, revision of evidence based on contemporary requirements, the [[Principle of No-Hardship (Qa'idat al-La Haraj)]], and opposition to consensus (Ijma') and popularity (Shuhrat). Sa'anei's fatwas do not fall outside the framework of jurisprudential inferences, even if they are innovative and present some relatively new principles.
 === Principle of Justice (Qa'idat al-Adl) ===
-The Principle of Justice is one of the important and influential rules in Sa'anei's practice of Fiqh.<ref>Sa'anei, An Approach to Women's Rights, pp. 166-167.</ref> According to this rule, a ruling that contradicts justice is not 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 convention (Urf) and social reason (Aql). The Legislator places convention in the position of judgment and is itself committed to the judgment of convention, except in cases where there is an explicit religious text (Nass) to the contrary. The jurist and Mujtahid, in the position of inference, must adapt religious criteria to the convention of their time and, in issuing a fatwa, take the judgment of convention as the criterion. If the rational convention of society considers something to be oppression, the jurist cannot present it as justice, and vice versa; unless a definitive religious text exists.<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 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>
 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 within the framework of justice and that the standard of every religious command is justice. Therefore, if the conventional understanding of justice is incompatible with the generalities or absolutes of narrations or with the text of a narration of non-definitive origin (Zanni al-Sudur), then according to the aforementioned verses and the priority of the Quran over narrations and the command to discard narrations contrary to the Quran,<ref>Kulayni, Al-Kafi, vol. 1, pp. 69-70.</ref> the conventional understanding takes precedence, and narrations containing an unjust ruling (from the perspective of Urf) are 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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