[Thread] Today, Islam lost one of the most progressive jurists, Grand Ayatollah Shaykh Sane’i (age 81).

Sane’i was a defender of women’s rights. Through his unique methodology, he questioned some of the well-known laws pertaining to women. Here is a summary of his unique fatwas.

A girl becomes religiously obligated when she becomes 9 years old according to the majority of jurists. Ayatollah Sane’i believed that she becomes obligated when has her menstruation cycle or reaches the age of 13 before having her first period.

While most other jurists believe that blood money (diya) for men and women is not the same and that a woman’s blood money is half of a man’s, Ayaollah Sane’i believed that men and women are equal in their blood money because the Quran emphasizes equality between men and women.

All other jurists believe that if a woman kills a man his family can seek justice by killing her without having to pay anything to the killer’s family, but if a man kills a woman and her family wanted to seek justice by killing him they must first pay half of the blood money to..

...the killer’s family. Ayatollah Sane’i disagreed and said that the female’s family need not pay anything to the killer’s family because the Quran has is clear: a soul for a soul.

Most jurists believe that a woman does not inherit from her husband’s lands and estates; rather, she only inherits from the price of the building structure, not the land. Sane’i believed that she does inherit from the land, just like a husband inherits from his wife’s lands.

Jurists believe that if a wife dies and her husband is her only heir he inherits all of her money, but if a husband dies and his wife is his sole heir she inherits 1/4 of his wealth and the rest goes to the Imam. Sane’i believed that she too inherits all of her husband’s money.

While other jurists have very strict rules regarding granting a wife a divorce, Ayatollah Sane’i believed that if a wife asked for a divorce and forfeited her right to her dowry, her husband has no choice but to divorce his wife (khul’) and can no longer stay with her.

While most other jurists forbid women from becoming maraje’ and Islamic judges, Sane’i believed that women can become both religious authorities and judges because rational people refer to specialists in-spite of their gender, and this practice has been approved by the Imams.

Jurists believe that women cannot lead congregational prayers if men are present. Sane’i believed they can becuz there is no authentic hadith that says that they can’t. There is a hadith that Sane’i sees reliable in which the Prophet allows Um Hani to lead her family in prayers.

Sane’i believed that the law of ‘2 female witnesses=1 male witness’ is contextual and applies to previous times when women did not deal with money and hence their testimony might not be accurate. But since times have changed and so has the subject, the law should too accordingly.

Ayatollah Sane’i’s legal reform is not restricted to women’s rights. He has innovative fatwas regarding equality between the blood money of Muslims and non Muslims, interest for investment, music, art, playing chess, and other areas.

Ayatollah Sane’i’s hermeneutics and legal theory is quite interesting. It was because of his unique jurisprudential methodology in usul al fiqh that he was able to introduce such reforms. His methodology can be summarized in the following.

1- Allah emphasizes on justice and equality in the Quran. Any traditions that contradict justice and equality between genders and humans in general cannot be accepted.
2- The enemies of Ahlulbayt (as) forged certain traditions pertaining to gender inequality to ruin their image.

3- Reason plays a major role in ijtihad; traditions that contradict it cannot be accepted.
4- Context of traditions must be studied carefully. Taking the hadith w/o paying attention to its context is insensible.
5- Chain of narrators for traditions must be studied carefully.

May Allah bless the soul of Grand Ayatollah Sane’i. His departure is a major loss for the Islamic world and particularly for all hawza students and scholars. Grand Ayatollah Shobeiri will lead salat al janaza tomorrow morning.