Conference on the late Ayatullah Saanei, his work and impact on Islamic Law 27th December 2020 12:15pm – 4:00pm

Full programme streamed live: youtube.com/sicmtv/live

02/12/2020 1 Page 1 www.sicm.org.uk www.thesalaamcentre.com Conference on the late Ayatullah Saanei, his work and impact on Islamic Law 27th December 2020 12:15pm – 4:00pm

Agenda

12:15pm Introduction

12:20pm Qur’an recitation

12:30pm First panel discussion

1:30pm Q&A for panel 1

2:00pm Second panel discussion

3:00pm Q&A for panel 2

3:30pm Networking and discussion

Page 2 www.sicm.org.uk www.thesalaamcentre.com Conference on the late Ayatullah Saanei, his work and impact on Islamic Law 27th December 2020 12:15pm – 4:00pm Panel 1

Behind the law: Ayatullah Saanei's Approach to Islamic Law

Chair: Mahdiya Abdulhussein

Ayatullah Seyed Mostafa Mohaghegh Damad The Jurisprudential School of Qum in the 21st century Ayatullah Dr Nobahar Ayatullah Saanei's approach to equality under Islamic law Dr Ali-Reza Bhojani Continuity and change in the interpretation of Sharīa

Panel 2

Ayatullah Saanei: A Pioneer in Reformist Rulings in the ?

Chair: Zahra Al-Rikabi Dr Masoumeh Rad Goudarzi Theological and Epistemological foundations of Saanei’s View on Women and Minorities Rights Miqdaad Versi Case study: A Whistlestop Tour of Ayatullah Saanei's “non- mainstream” Fatawa and their Derivation Shaykh Kumail Rajani The future of progressive thinking within the Hawza after the death of Ayatullah Saanei

Page 3 www.sicm.org.uk www.thesalaamcentre.com Conference on the late Ayatullah Saanei, his work and impact on Islamic Law 27th December 2020 12:15pm – 4:00pm Panel 1: Behind the law: Ayatullah Saanei's Approach to Islamic Law

This panel discussion will be chaired by Mahdiya Abdulhussein

Mahdiyah Abdul-Hussain has a background in both Islamic jurisprudence and an LLM in Medical Law and Bioethics from the University of Birmingham. She conducted her research on Organ Donation in Shi’i Jurisprudence gaining an MRes from Royal Holloway, University of London. She is currently a faculty member at Al-Mahdi Institute teaching theology, legal theory, and jurisprudence at an introductory level and coordinating the Institutes research activities.

Panellists for Panel 1:

Ayatullah Seyed Mostafa Mohaghegh Damad Topic Abstract Profile

Ayatullah Dr Nobahar Topic Abstract Profile

Dr Ali-Reza Bhojani Topic Abstract Profile

Panellist: Ayatullah Seyed Mostafa Mohaghegh Damad

Topic: The Jurisprudential School of Qum in the 21st century

Abstract for talk

In the history of in recent times, there are three seminary schools: of Samarra, Najaf and Qum.

The seminary of Samarra derived from Najaf and was instituted by Seyed Hassan Shirazi (1894). Despite not lasting a long time, it had a vast influence over the development of Shia society, both in politics and in the method of Ijtihad. It closed shortly after the passing of , and his learned students immigrated to Najaf carrying new ideas, a new method of writing and a new method of jurisprudence.

The head of the seminary in Najaf at the time were the two great Maraji’, Kazim Khorasani and Tabatba’i Yazdi. Khorasani’s method in Ijtihad was very rational – he had learned Islamic philosophy in Khorasan from Sabzavari, and he had therefore mixed Usul al- with many principles of philosophy in his famous manuscript Kifayat al-Usul, which became a textbook for Islamic students throughout the world. He supported the constitutional movement in and succeeded in the forming of the connotational law of Iran and the establishment of the Parliament for confirmation laws.

One of the immigrants from Samarra to Najaf was Shaykh Abdulkarim Hayery Yazdi who later became the founder of the seminary of Qum (1922) when he immigrated there and a group of scholars and students joined to learn Islamic studies. His manuscript in Usul al-Fiqh was named Durar al-Usul. He lived in Qum for 15 years and during this period, he educated and trained about 400 men who were all at the level of Mujtahid and later reached the level of Marja’, including Golpaygani, Khomeini, Mohaghegh Damad, Sharatmadiri Marashi etc.. Whilst Shaykh Abdulkarim was educated in Samarra, he had a special aptitude and method of understanding and as well as teaching and educating.

Page 4 www.sicm.org.uk www.thesalaamcentre.com Conference on the late Ayatullah Saanei, his work and impact on Islamic Law 27th December 2020 12:15pm – 4:00pm Panel 1: Behind the law: Ayatullah Saanei's Approach to Islamic Law

Some of the concepts he derived from the Holy Qur’an, resulted in new fatawa concerning Islamic law. He was particularly concerned about women’s rights. His heritage remains and can be seen in his pupil’s works. When we say the “Qum school of jurisprudence”, we mean the same method established by the founder of this seminary.

When Boroujerdi immigrated to Qum (1944), the seminary started a new period but continued to promote the seminary as he was following the method of Shaykh Abdulkarim Hayery. The special elements of the conduct of Boroujerdi and Hayery were their re-reading of the transmitted scriptures and what was quoted from the Prophet and Imams. Boroujerdi emphasized the importance of the context of the hadith quoted from the Prophet or Imams, the atmosphere of the time and the place of the hadith. He also believed that Shi’ite Fiqh was like a comment to Sunni Fiqh. So understanding Sunni Fiqh is a must for all Shiite mujtahids.

Ayatullah Saanei is one of the second generation of educated mujtahid of the Qum school. He always was troubled over human rights and in particular, the rights of women. Examples of his ideas include his belief that we cannot accept any discrimination between men and women based on the fact that .”Allah is not tyrannical to the servants أَ نَّ َّّللاَ لَ ْي َسَّ بِ َظال مَّ ِل ْلعَبيد( “) God has said 5 times in Holy Quran that He also recently said in an interview that the enacting of Hudud in our times, when the Imam is absent, should not take place.

Panellist: Ayatullah Dr Nobahar

Topic: Ayatollah Yousef Saanei’s Approach to Equality in Islamic Law

Abstract for talk

In traditional Islamic jurisprudence (fiqh) a wide range of inequality is recognized. Classification of man into free and slave, discrimination between man and woman in general, and wife and husband in family relationships, and the difference between Muslim and non-Muslim in their rights and obligations are some examples of recognized discrimination. In pre- modern era these discriminations were, to a large extent, normal and common in different cultures and civilizations. In Modern era, however, equality in rights and obligations connected to inherent dignity of mankind per se has become the prominent paradigm.

Late Ayatollah Sanei (1937-2020) has criticized a lot of traditional opinions (fatava) concerning inequality and has argued in favor of equality in some fiqhi questions. Equality of diyah (ransom) of man and woman, and Muslims and non-Muslims, equality of the share of wife and husband from each other in some cases of inheritance, balancing the right of wife and husband in divorce, the priority of mother over grandfather in guardianship of the child in case of the death of father are but some examples of his efforts for promoting legal equality.

In this presentation, I would concentrate on some methodological bases which have resulted in these new opinions. In sum, it seems that equality as such is not a focal point and at the core of the attention of Ayatollah Sanei’s methodology. Rather, in search of equality, he almost always relies upon the very traditional methodology. However, borrowing from a Muʿtazili perspective, he insists that no injustice and aggression can be accepted even in a single divine legislation. In his view, any discrimination is only unacceptable as long as it implies aggression and/or injustice.

Page 5 www.sicm.org.uk www.thesalaamcentre.com Conference on the late Ayatullah Saanei, his work and impact on Islamic Law 27th December 2020 12:15pm – 4:00pm Panel 1: Behind the law: Ayatullah Saanei's Approach to Islamic Law

Therefore, some inequalities remain not only unsolved, but acceptable and even welcomed in his system of jurisprudence; because equality is not recognized as an independent principle. To develop his approach and follow up his concerns I, then, mention some bases help recognizing equality as an independent principle of legal reasoning (ijtihad) regardless of its connection with aggression and/or injustice.

Panellists: Dr Ali-Reza Bhojani

Topic: Continuity and change in the interpretation of Sharī‘a: Yusef Saanei (d. 2020) on the legal status of non-Muslims

Abstract for talk

The late Ayatollah Yusef Sanaei, known for a range of progressive juristic opinions, has been described as attempting to institutionalise ‘a new method of ijtihad’ and ‘a paradigm shift in legal theory’. Through analysis of some of his juristic opinions pertaining to the legal status of non-Muslims, this paper will argue that his views can be seen as emerging in continuity with the theological and jurisprudential tradition from which he speaks. Saanie argues that, with respect to the rulings of Sharī‘a, people should be considered to fall into one of three categories; Muslim, non-Muslim or Kāfir. Accordingly, the apparently discriminatory Sharia rulings that have been typically applied to non- Muslims, he argues, are not relevant to the vast majority of humankind today. This distinction is drawn out of his commitment to a substantive understanding of God’s justice, a fundamental pillar of Shī‘ī theology, combined with analysis of scriptural evidence that is clearly positioned within the dominant methodological framework of Shī‘ī legal theory and in a manner consistent with earlier jurists. What is striking however, and arguably a testament to his commitment to these traditional resources, is his willingness to apply these ideas towards changes in juristic opinion across the chapters of fiqh.

Page 6 www.sicm.org.uk www.thesalaamcentre.com Conference on the late Ayatullah Saanei, his work and impact on Islamic Law 27th December 2020 12:15pm – 4:00pm Panel 2: Ayatullah Saanei: A Pioneer in Reformist Rulings in the Hawza?

This panel discussion will be chaired by Zahra Al-Rikabi

Zahra is a barrister at one of the UK's top chambers: Brick Court Chambers. Legal 500 said she was "in the ascendancy" and she was selected for the prestigious Lawyer’s Hot 100 in 2020. She is frequently instructed in high profile cases in her areas of practice. Recently, she appeared in Canary Wharf v European Medicines Agency, the top case in The Lawyer’s top 20 Cases list for 2019, and she is currently instructed in Municipio de Mariana and ors v BHP Group, which features in The Lawyer’s Top 20 Cases list for 2020.

She has a broad practice encompassing commercial litigation, public international law and public law. She has appeared as sole counsel in the High Court and Court of Appeal. She has also been led in cases before the Supreme Court and the Court of Justice of the European Union. Zahra has acted for a wide range of clients, including states and international organisations. She is a native speaker which makes her well placed to deal with any domestic litigation or international arbitration where her language skills can be used.

Panellists for Panel 2:

Dr Masoumeh Rad Goudarzi Topic Abstract Profile

Miqdaad Versi Topic Abstract Profile

Shaykh Kumail Rajani Topic Abstract Profile

Panellist: Dr Masoumeh Rad Goudarzi

Topic: Theological and Epistemological foundations of Ayatollah Saanei’s View on Women and Minorities Rights

Abstract for talk

Ayatollah Saanei's innovative opinions in a number of controversial matters, especially on the subject of women and minorities' rights, are rare or perhaps unparalleled in Islamic jurisprudence. Whilst the jurisprudential rulings are based on evidence and reason, the type of epistemological and theological view of the jurist on the status, rights, and duties of the human being, and on the philosophy of the creation, as well as the abilities of women and men, have influenced the realm of his ijtihad.

For this reason, it is necessary to fully consider and evaluate its theological and epistemological background by examining different jurisprudential opinions. A review of Ayatollah Saanei’s works show that he put a special emphasis on three theological and epistemological principles as pre- jurisprudential principles for ijtihad: The Principle of Justice, Human Dignity and Human Equality.

The speaker’s goal is to evaluate the importance of these principles in his jurisprudential method and then to determine how in the light of these principles he re-evaluated the fatwas.

Page 7 www.sicm.org.uk www.thesalaamcentre.com Conference on the late Ayatullah Saanei, his work and impact on Islamic Law 27th December 2020 12:15pm – 4:00pm Panel 2: Ayatullah Saanei: A Pioneer in Reformist Rulings in the Hawza?

Panellist: Miqdaad Versi

Topic: A Whistlestop Tour of Ayatullah Saanei's “non-mainstream” Fatawa and their Derivation

Abstract for talk

The late Grand Ayatullah Saanei is renowned, not only for his extensive knowledge that cemented his position at the top “marja’-e-taqlid” level of the Shi’a seminary, but also for his innovative approaches in the derivation of Islamic law that led to many rulings that were different to mainstream scholarship.

This paper will note how scholars such as the late Grand Ayatullah Fadlallah reached conclusions radically different to mainstream scholarship using innovative techniques but whilst remaining within the traditional framework. This will be compared to the “non-mainstream” rulings of Grand Ayatullah Saanei, which included both innovative approaches within the current mainstream framework, but also radical changes to the mainstream framework, and the primacy of justice and equality within his derivation of laws.

Case studies will include the age of puberty for girls, divorce, wife’s inheritance from her husband, guardianship of the mother, equality of blood money for men and women, and women leading (mixed) congregational prayers.

Panellist: Shaykh Kumail Rajani

Topic: The future of progressive thinking within the Hawza after the death of Ayatullah Saanei

Abstract for talk

The Hawza has championed the cause of preserving and defending the Shiʿi tradition since the end of the 18th century (after the fall of the Safavid empire in 1722 and the emergence of neo-Uṣūlī trend around 1760s in Karbala and later in Najaf followed by Qum). The religious scholars who hitherto enjoyed the patronage of the Safavids (1501-1722) now had to operate through an independent network of ʿaulamāʾ and the Shiʿa populace. This change of style was momentous, for it led to transfer the ‘office’ of a ‘mujtahid’ capable of reaching a legal opinion into an ‘institution’ of a ‘marjaʿ’, responsible, effectively, to lead the Shiʿi communities in various socio-religious affairs (Moussavi, Religious Authority in Shiʿite , 2003). This clerical institution, with the marjaʿ/marājiʿ at its center, sees its duty not only to define the contours of the Shiʿi faith but also to safeguard the tradition from any unwarranted criticism. Any movement seeking reform —one which challenges the ‘framework’ in which scholars operate— is perceived as a direct attack to an unbroken monolithic chain of scholarship of more than 1000 years.

Page 8 www.sicm.org.uk www.thesalaamcentre.com Conference on the late Ayatullah Saanei, his work and impact on Islamic Law 27th December 2020 12:15pm – 4:00pm Panel 2: Ayatullah Saanei: A Pioneer in Reformist Rulings in the Hawza?

However, the last few decades of the 20th century —thanks to the modern means of communication through which ʿaulamāʾ were exposed to the challenges of the relevance of the time-place and the living faith— witnessed several attempts that sought to address the challenges posed by the modernity and globalization. Operating within the same framework, but radically pushing the boundaries, Ayatullah Saanei, and few of his contemporaries, promoted progressive thinking that resulted into ‘isolated’, non-‘mainstream’ and ‘unconventional’ fatwas. The next generation of reformist scholars do not see these attempts sufficiently progressive, seeking to bring reform to the very framework on which the tradition was built. My presentation examines the underlying concerns that have led to emergence of these new trends and the threats orthodoxy face in the light of these progressive thoughts.

Profiles

Ayatullah Seyed Mostafa Mohaghegh Damad

Ayatollah Mohaghegh Damad completed his seminarian studies at the Fayzieh School in , Iran, where he achieved the status of a mujtahid by the age of 25. Amongst his notable teachers are Allama Tabatabi and Shaykh Murtada Mutahhari, under whom he studied Islamic philosophy. His studies in Islamic Jurisprudence and Legal Theory were conducted by the likes of Ayatollah Mohammed Reza Golpaygani and Ayatollah Morteza Haeri Yazdi. Parallel to his seminarian education, Ayatollah Mohaghegh Damad pursued secular academic studies, obtaining a degree in Islamic Philosophy and a Masters in Islamic Jurisprudence, both from Tehran University, before going on to earn his PhD in Law at the University of Louvain- la-Neuve, Belgium.

He is the Dean of the Department of Islamic Studies at The Academy of Sciences of Iran, and a Professor of Law and Islamic Philosophy at Tehran University. He is recognised as one of the world’s most influential Muslims by The Muslim 500 for his scholarly work. In October 2010, at the Pope’s behest, Ayatollah Mohaghegh Damad addressed the Synod in the Vatican and he was honoured as a prominent figure of Humanities in Iran at the 8th Farabi International Award ceremony in 2017.

Page 9 www.sicm.org.uk www.thesalaamcentre.com Conference on the late Ayatullah Saanei, his work and impact on Islamic Law 27th December 2020 12:15pm – 4:00pm Profiles

Ayatullah Dr Rahim Nobahar

Dr. Rahim Nobahar (b. 1961) is a Shiite cleric. He holds the highest degree of Islamic Jurisprudence, Ijtihad, from the seminaries (hawzah) in Qom, Iran. From 1980-2001 he attended religious seminaries (hawzah) in Qom, Iran, studying Arabic Literature, Logic, Theology, Islamic Philosophy, Islamic Hermeneutics, Jurisprudence, and Qur’anic Studies, subjects which he later taught for several years. In addition he obtained his Ph.D. in Criminal Law and Criminology from Shahid Beheshti University Law School in Tehran, Iran. He has two JD degrees from Mofid University, in Law and Criminal Law and Criminology. From 1994-2000, he taught courses including Islamic Law, Qur’anic Exegesis, and Philosophy of Law for undergraduate and graduate students in Mofid University.

He has served as professor at Shahid Beheshti University Law School in Tehran, Iran, since 2001teaching Islamic studies courses and philosophy of Law for graduate and undergraduate students. Dr. Nobahar has published seven books and more than 30 academic articles in Islamic studies. He has served on the boards of, and presented at, many international and national academic conferences. He founded the International Conference on Human Rights and Dialogue of Civilizations in 2001.

Dr Ali-Reza Bhojani

Dr Ali-Reza Bhojani is a lecturer and co-director of the Centre for Intra-Muslim Studies at Al-Mahdi Institute. He is also a research affiliate of the University of Oxford. His research, teaching and writing focuses on the intersections of Islamic legal theory, theology and ethics. His publications include Moral Rationalism and Shari’a: A Study of Independent Rationality in Modern Shi’i Usul al-fiqh (Routledge, 2015) and the co-edited volume Visions of Shari’a: Contemporary Discussions in Shi’i Legal Theory (Brill, 2020). Beyond his academic work, he regularly contributes to a range of knowledge exchange activities within Muslim communities, inter-faith settings and beyond.

Page 10 www.sicm.org.uk www.thesalaamcentre.com Conference on the late Ayatullah Saanei, his work and impact on Islamic Law 27th December 2020 12:15pm – 4:00pm Profiles

Shaykh Kumail Rajani

Dr Kumail Rajani is a Postdoctoral Research Fellow in Islamic Studies at the Institute of Arab and Islamic Studies, University of Exeter, where he completed his doctoral thesis. He is currently working on the Law, Authority and Learning in Shiite Islam project (http://www.lawalisi.eu/) with Professor Robert Gleave; the 5-year project, funded by the European Research Council, examines the emergence, development and operation of the Shiite legal system. Though primarily focused on the origins and development of Shiʿi hadith, his research includes Qurʾanic exegesis, Islamic law and legal theory, Ismaili studies, and Shiʿi studies more broadly. He has published both in Persian and English. His entry on ‘Hadith: Shiʿi’ is published in the online Oxford Bibliography of Islamic Studies and he has two forthcoming articles on Shiʿi hadith criticism and ʿilm al-rijāl which he co- authored for The Oxford Handbook of Ḥadīṭh Studies. He is also the founder of Shiʿi Dates Project (www.shiidates.net).

Dr Kumail Rajani has undertaken seminary studies in Qum for over 17 years during which he attended the lectures of Ayatullah Sayyid Ahmad Madadi al-Musawi for 7 years and Ayatullah Shubayri Zanjani and Ayatullah Wahid Khurasani for 3 years. Whilst in Iran, he taught modules on hadith studies, comparative religion, history, Islamic law and legal theory at the Al-Mustafa International University and other educational and research institutions. Alongside teaching, he supervised and advised on several BA and MA dissertations in English, Persian and Urdu. He has also taught Islamic Law and Society at the University of Exeter, and Islamic History at Al-Mahdi Institute.

Page 11 www.sicm.org.uk www.thesalaamcentre.com Conference on the late Ayatullah Saanei, his work and impact on Islamic Law 27th December 2020 12:15pm – 4:00pm Profiles

Dr Masoumeh Rad Goudarzi

Dr Masoumeh Rad Goudarzi, is an assistant professor of political science in the department of political science, university of Guilan, Rasht, Iran. She obtained her Ph.D. in Politics and Government from Putra University, Malaysia. Her focus is Islamic political thought, politics and government in Islam and Shi’a political jurisprudence. Dr Goudarzi’s current research interests center around human rights in Islam and Shi’a reformists jurists’ thoughts.

Miqdaad Versi

Miqdaad Versi is a former student of the Al-Mahdi Institute and has studied under scholars including Ayatullah Sayyid Fadil Milani, Shaykh Arif Abdulhusein and Dr Ali-Reza Bhojani. His analysis of the legal methodology of Ayatullah Fadlallah ("Fadlallah: a Mainstream Radical") was published in the Journal of Shi’a Islamic Studies in 2010, and he has taught basic Usul al-Fiqh courses for students at universities and at local mosques. His specific interest is in fiqh on contemporary topics, and has highlighted the methodology and derivation of laws on his “Inside the Mind of a Scholar” blog. Outside his interest in fiqh, he is an Executive Committee member of the Shi’a Ithna’ashari Community of Middlesex at a local level, the head of Public Affairs at the Muslim Council of Britain and a commentator on how politicians and media influencers discuss Muslims and Islam, published in the Guardian, Independent, Prospect and New Statesman and with interviews across most main media outlets.

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