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Journal Article

Citation

Rad Goudarzi M. Women Crim. Justice 2023; 33(1): 78-93.

Copyright

(Copyright © 2023, Informa - Taylor and Francis Group)

DOI

10.1080/08974454.2021.1975015

PMID

unavailable

Abstract

Even though according to the fatwas of Shiite and Sunni jurists, the blood money of a Muslim woman is half that of a Muslim man, Ayatollah Yousuf Saanei, a prominent Iranian jurist, has questioned this famous fatwa for various reasons and voted for equal blood money for men and women. The ruling forced the highly conservative Iranian government to find an executive solution to pay the difference between men and women blood money. Saanei's jurisprudential views show that he emphasizes two theological and epistemological principles, as two pre-jurisprudential principles, for ijtihad in the field of women's jurisprudence: the rule of justice and human equality. In the present study, the researcher intended to evaluate the importance of these two principles and the rational and narrative reasons citing it in his ijtihad method. Moreover, this paper was conducted to determine how he has reevaluated the jurisprudential sources in the light of these two principles.

Keywords

Ayatollah Yousuf Saanei; blood money; gender equality; Iran’s justice system; Islamic penal code; Shiite Islam

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