|
On Issuing Fatwas (Rules)
The master's exacting standards in research and study and his rigorous approach, specially to the area of science of the tradition, have not led him to apply similarly a rigorous and strict method in issuing Fatwas, because in comprehension of the Koranic verses and traditions and the foundations of deduction, he pays special attention to the principle of facility and always holds to the advice given to sheikh Ansari by the author of the Jawahir who said, “Decrease your cautions, for the creed of Islam is the easy and convenient creed.” Not only does Ayatollah Saanei bring up various canonical issues for general discussion by large groups of seminary students and researchers who assemble in his house every day, he also tries to benefit from their exchange of opinions and cooperation by forming a group for the formulation of Fatwas. A number of books by His Eminence have so far been published. They include the common book of Religious Laws (Towdhih-ul-Massael), Hajj Rites, Majma-ul-Masael (two volumes), Selected Rulings, Fatwas on Medical Issues, Misbah-ul-Moqaledin, the Rules of Hajj for Ladies, the Book of Qissass, the Book of Divorce, the Rules of the Lesser Pilgrimage (Omra Mufrada), and Religious Rules for Ladies. What is striking in his book Majma-ul-Massael is that his method of replying is similar to that of the great Marja' and jurisprudent, the late Mirza-ye-Qomi. Despite the fact that Ayatollah Saanei always makes a point of respecting the ruling by prominent canonists and the views of the disciples, specially the well-known opinions, and while he always calls on all seminaries, and his own students in particular, to show proper respect to the canonists of the disciples and refers to them with the greatest sign of respect and praise for their ideas, his open-mindedness in canonical matters and the special attention he pays to basing his interpretations on reliable references and solid decisive evidence have led him to issue a large number of innovative and novel Fatwas and opinions for his practicing followers. These Fatwas which are invariably upheld within the framework of the principles and standards of the canon have, in many instances, solved the practical problems faced by his followers in the area of private and social action. For those who are well acquainted with the principles and proofs, referring to the detailed discussion and the documented evidence underlying these Fatwas can prove a great asset in gaining a better and more precise insight in the interpretation of the evidence and in responding to the canonical needs of society. 2- On the age of puberty for girls, His Eminence states his preference for the evidence by Ammar Sabati who has specified the age of thirteen lunar years as a condition of religious puberty, and says, “In case other signs of puberty explained by textual support and Fatwas are not realized, they (girls) reach religious maturity at this age. 3- On women’s sitting in judgment, he has commented: The condition of masculinity has no particular bearing upon judgment and there is no religious reason to support this either, and whoever is vested with authority to appoint judges may appoint them (women) to sit as judges especially in cases relating to women and family rights. 4- On the question of custody of the underage child and its property in the absence of the father, His Eminence’s opinion is that the mother is the inalienable guardian and the beneficiary of the proofs of benevolence and piety and interests and munificence, and custody of the underage is none but benevolence and munificence; and on the strength of the sacred verse “In custody over the kin some are preferred over some others”, the mother takes precedence over the grandfather, and in the absence of the mother, the grandfather has custody of the child. 5- As regards the difference in the Diya (blood money) for women and men, he has concluded, “Diya for infliction by mistake or quasi-deliberate infliction is the same for men and women and this ruling is based upon the application of the supportive argument for diya.” 6- On the question of the curtailed rituals for the oft-traveler, his ruling is, “Persons who travel a distance of four furlongs (farsangs) within a period of ten days (be it on business or otherwise) and do not abide in one place for more than ten days, are oft-travelers and if individuals travel on pilgrimage, too, their prayers are said in full and their fasting is unbroken.” 8- On the question of the infidels, he pronounces, “Most apparently, their purity is like the purity of Muslims. Yet, the antagonists among them who fight Muslims because of their adherence to Islam or their belief in Islam (and not for any other reason) are deemed adversaries in religion who, like a few of the infidels, having gained certainty of the validity of Islam continue to deny it, are bound to be unclean. He concludes that just as the Islamic law does not allow any discrimination on the basis of race, nor does it condone discrimination on the grounds of sex and ethnicity. His Eminence also holds other views which are representative of his opposition to discrimination and the details of this discussion are presented in his different practical treatises, especially the “Selected rulings.”
|