Encyclopedia of Contemporary Jurisprudence - Recent changes [en]

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M.zandi — Sat, 11 Jul 2026 12:16:29 GMT

Terms of Islamic jurisprudence (Persian - English)

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	*Non-Textual Proofs: ادله لبیه		*Non-Textual Proofs: ادله لبیه
	*non-usury banking: بانکداری بدون ربا		*non-usury banking: بانکداری بدون ربا
			*personal rights: احوال شخصیه
	*Practical Principles: اصول عملیه		*Practical Principles: اصول عملیه
	*Preferability: ارجحیت		*Preferability: ارجحیت
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	* احتیاط عقلی: Rational precaution		* احتیاط عقلی: Rational precaution
	* احکام متغیر: Variable Rulings		* احکام متغیر: Variable Rulings
			* احوال شخصیه: personal rights
	* اختلاط زن و مرد: Gender Intermixing		* اختلاط زن و مرد: Gender Intermixing
	* ادله لبیه: Non-Textual Proofs		* ادله لبیه: Non-Textual Proofs

Sayyid Mostafa Mohaghegh Damad

M.zandi — Sat, 11 Jul 2026 12:14:02 GMT

Limitation of the Authority (Wilayah) of the Prophet, Imam, and Faqih from the Perspective of Akhund Khorasani

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	== Akhund Khurasani's School of Fiqh and Usul==		== Akhund Khurasani's School of Fiqh and Usul==
	Mohaghegh Damad considers Sheikh Ansari's inclination toward rational and philosophical discussions to be one of his outstanding merits and believes that his students, including [[Mohammad-Kazem Akhund Khorasani\|Akhund Khorasani]], also tend to this procedure. This is represented in the works of Akhund's students such as [[Muhaqqiq Isfahani]], [[Mohammad-Hossein Gharavi Na'ini\|Mirza Na'ini]], and Aqa Zia Iraqi.<ref>Mohaghegh Damad, Akhund Khurasani's School of Jurisprudence, pp. 43–44.</ref> According to him, Akhund Khorasani's Ijtihad was a "~~Methodological (~~Art-~~oriented)~~ Ijtihad" characterized by the following features:		Mohaghegh Damad considers Sheikh Ansari's inclination toward rational and philosophical discussions to be one of his outstanding merits and believes that his students, including [[Mohammad-Kazem Akhund Khorasani\|Akhund Khorasani]], also tend to this procedure. This is represented in the works of Akhund's students such as [[Muhaqqiq Isfahani]], [[Mohammad-Hossein Gharavi Na'ini\|Mirza Na'ini]], and Aqa Zia Iraqi.<ref>Mohaghegh Damad, Akhund Khurasani's School of Jurisprudence, pp. 43–44.</ref> According to him, Akhund Khorasani's Ijtihad was aد "Art-oriente Ijtihad" characterized by the following features:

	* Establishing a principle or rule before examining primary sources		* Establishing a principle or rule before examining primary sources
	* Adapting the content of evidence ~~with~~ the established principle		* Adapting the content of evidence to the established principle
	* ~~Utilizing~~ the rules of Usul al-Fiqh as the ~~axis~~ of ~~deduction~~		* Putting the rules of Usul al-Fiqh at the center of inference process
	* Using philosophical ~~discussions~~ to clarify the point of contention and reach a conclusion		* Using philosophical ideas to clarify the point of contention and reach a conclusion
	* ~~Technical,~~ concise ~~writing that requires~~ commentaries for deeper understanding		* writing in a professional and concise manner required commentaries for deeper understanding
	* Expanding the domain of ~~Shari'ah and generalizing it~~ to individual and social dimensions (maximalist religion).<ref>Mohaghegh Damad, ~~The Methodological School of~~ Akhund Khorasani, pp. 108–109.</ref>		* Expanding the domain of Sharia to include individual and social dimensions (maximalist religion).<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 108–109.</ref>

	=== The Principle of Justice and Human Dignity in the School of Akhund Khorasani ===		=== The Principle of Justice and Human Dignity in the School of Akhund Khorasani ===
	In Mohaghegh Damad's analysis~~, the~~ two principles of ~~the~~ [[Rule of Justice\|~~Rule of~~ Justice]] and [[Human Dignity]], ~~which are rooted in~~ Quranic teachings and human reason, ~~are introduced~~ as "pre-Fiqhi principles"; principles ~~prior to~~ Fiqhi evidence, ~~and~~ not co-equal or in conflict with them.<ref>Mohaghegh Damad, ~~The Methodological School of~~ Akhund Khorasani, pp. 216 and 256.</ref> To explain Akhund Khorasani's view on the principle of dignity, he explains the ~~hypothesis~~ of the "permissibility of a Muslim's endowment (Waqf) for a Kafir" ~~from Akhund's perspective, who~~ considers such an endowment correct by citing Quranic verses ~~related to benevolence~~ and ~~kindness~~.<ref>Mohaghegh Damad, ~~The Methodological School of~~ Akhund Khorasani, pp. 266.</ref> ~~From~~ Akhund ~~Khorasani's point~~ of ~~view,~~ only the friendly relationship with ~~combatant Kafirs~~ is prohibited, and ~~other groups,~~ from the perspective of ~~Shari'ah, possess dignity~~.<ref>Mohaghegh Damad, ~~The Methodological School of~~ Akhund Khorasani, pp. 267.</ref>		Mohaghegh Damad's analysis contains two principles of [[Rule of Justice\|Justice]] and [[Human Dignity]], derived from Quranic teachings and human reason, as "pre-Fiqhi principles"; it means establishing these principles over Fiqhi evidence, not co-equal or in conflict with them.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 216 and 256.</ref> To explain Akhund Khorasani's view on the principle of human dignity, he explains Akhond's position on the issue of the "permissibility of a Muslim's endowment (Waqf) for a Kafir" to the effect that Akhond considers such an endowment correct by citing Quranic verses about doing good and charity.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 266.</ref> Akhund is of opinion that only the friendly relationship with belligerent kafirs is prohibited, and others have human dignity from the perspective of Sharia.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 267.</ref>

	=== ~~Limitation~~ of the ~~Authority~~ (Wilayah) of the Prophet, Imam, and Faqih from the Perspective of Akhund Khorasani ===		=== Limitedness of the Guardianship (Wilayah) of the Prophet, Imam, and Faqih from the Perspective of Akhund Khorasani ===
	~~Mohaghegh Damad, citing the theories of~~ Akhund Khorasani, ~~limits the Wilayah~~ of ~~the~~ Prophet and ~~the~~ Imams only to general and important matters ~~related to politics~~, and in minor issues such as ~~deprivation of ownership~~, marriage, or matters outside the public interests of society~~, they have no Wilayah;~~ consequently, ~~the Wilayah of the~~ Faqih is also limited in ~~terms of the scope of authority to major~~ Shari'ah and political ~~issues~~ and cannot ~~be extended to the~~ private and ~~individual affairs of the people~~.<ref>Mohaghegh Damad, ~~The Methodological School of~~ Akhund Khorasani, pp. 290–294.</ref>		Citing to Akhund Khorasani's positions, Mohaghegh Damad is of opinion that Prophet and Imams guardianship (wilayah) is limited only to general and important political matters, and they have no Wilayah in minor issues such as expropriation, marriage, or matters outside the public interests of society. consequently, Wali Faqih's authorities is also limited to macro-issues in Shari'ah and political areas and cannot interfere in people's private and personal rights.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 290–294.</ref>

	== The Fiqhi Nature of Therapeutic and Medical Contracts ==		== The Fiqhi Nature of Therapeutic and Medical Contracts ==

feqhemoaser:Writing style guide

M.zandi — Wed, 08 Jul 2026 14:18:21 GMT

Terms of Islamic jurisprudence (English - Persian)

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Sayyid Mostafa Mohaghegh Damad

M.zandi — Mon, 06 Jul 2026 13:36:34 GMT

The Jurisprudential (Fiqhi) and Principles (Usuli) School of Akhund Khorasani

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	Mohaghegh Damad believes in the separation between caliphate and imamate. He is of opinion that the caliphate as a form and structure of government is an earthly, executive, and non-sacred matter, while the imamate holds a religious, spiritual, and sacred position; therefore, the caliphate pertains to political and executive management of society and can be administered by non-infallible people, but the imamate is a divine and spiritual status restricted to the Infallible Imams. In his view, the separation of these two concepts helps us to understand the history of Islam and the role of the Infallible Imams in the political developments of that era more accurately. Mohaghegh Damad explains this distinction by citing the peace treaty between Imam Hasan (AS) and Mu'awiya. Based on his analysis, Imam Hasan (AS) ceded the caliphate, i.e. the political management, to Mu'awiya and so he showed that the caliphate is separated from the imamate and giving in to the political circumstances at that time did not mean giving up the religious and sacred position, but rather giving up the government. So, considering the interests of the Islamic society, the Infallible Imams can entrust the reins of executive affairs to a non-infallible person.<ref>Mohaghegh Damad, "Session on 'Peace and War, Enjoining Good and Forbidding Evil'."</ref>		Mohaghegh Damad believes in the separation between caliphate and imamate. He is of opinion that the caliphate as a form and structure of government is an earthly, executive, and non-sacred matter, while the imamate holds a religious, spiritual, and sacred position; therefore, the caliphate pertains to political and executive management of society and can be administered by non-infallible people, but the imamate is a divine and spiritual status restricted to the Infallible Imams. In his view, the separation of these two concepts helps us to understand the history of Islam and the role of the Infallible Imams in the political developments of that era more accurately. Mohaghegh Damad explains this distinction by citing the peace treaty between Imam Hasan (AS) and Mu'awiya. Based on his analysis, Imam Hasan (AS) ceded the caliphate, i.e. the political management, to Mu'awiya and so he showed that the caliphate is separated from the imamate and giving in to the political circumstances at that time did not mean giving up the religious and sacred position, but rather giving up the government. So, considering the interests of the Islamic society, the Infallible Imams can entrust the reins of executive affairs to a non-infallible person.<ref>Mohaghegh Damad, "Session on 'Peace and War, Enjoining Good and Forbidding Evil'."</ref>

	== ~~The Jurisprudential (Fiqhi) and Principles (Usuli)~~ School of ~~Akhund Khorasani~~ ==		== Akhund Khurasani's School of Fiqh and Usul==
	Mohaghegh Damad considers Sheikh Ansari's inclination toward rational and philosophical discussions to be one of his outstanding merits and believes that ~~this inclination was transmitted to~~ his students, including [[Mohammad-Kazem Akhund Khorasani\|Akhund Khorasani]], ~~and reflected~~ in the works of Akhund's students such as [[Muhaqqiq Isfahani]], [[Mohammad-Hossein Gharavi Na'ini\|Mirza Na'ini]], and Aqa Zia Iraqi.<ref>Mohaghegh Damad, ~~The Methodological~~ School of ~~Akhund Khorasani~~, pp. 43–44.</ref> According to him, Akhund Khorasani's Ijtihad was a "Methodological (~~Industry~~-oriented) Ijtihad" characterized by the following features:		Mohaghegh Damad considers Sheikh Ansari's inclination toward rational and philosophical discussions to be one of his outstanding merits and believes that his students, including [[Mohammad-Kazem Akhund Khorasani\|Akhund Khorasani]], also tend to this procedure. This is represented in the works of Akhund's students such as [[Muhaqqiq Isfahani]], [[Mohammad-Hossein Gharavi Na'ini\|Mirza Na'ini]], and Aqa Zia Iraqi.<ref>Mohaghegh Damad, Akhund Khurasani's School of Jurisprudence, pp. 43–44.</ref> According to him, Akhund Khorasani's Ijtihad was a "Methodological (Art-oriented) Ijtihad" characterized by the following features:

	* Establishing a principle or rule before examining primary sources		* Establishing a principle or rule before examining primary sources

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M.zandi — Mon, 06 Jul 2026 12:42:25 GMT

FAMILY NAMES

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Sayyid Mostafa Mohaghegh Damad

M.zandi — Mon, 06 Jul 2026 06:36:39 GMT

Theory of the Separation of Caliphate and Imamate

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	== Theory of the Separation of Caliphate and Imamate ==		== Theory of the Separation of Caliphate and Imamate ==
	Mohaghegh Damad believes in the separation between caliphate and imamate. ~~From his perspective,~~ the caliphate, as a form and structure of government, is an earthly, executive, and non-sacred matter, while the imamate holds a religious, spiritual, and sacred position; therefore, the caliphate pertains to ~~the~~ political and executive management of society and can be administered by a non-infallible ~~individual~~, but the imamate is a divine and spiritual status restricted to the Infallible Imams. In his view, the separation of these two concepts helps ~~in a more precise understanding~~ of ~~Islamic history~~ and the role of the Infallible Imams in the political developments of that era. Mohaghegh Damad explains this distinction by citing the peace treaty of Imam Hasan (AS) ~~with~~ Mu'~~awiyah~~. Based on his analysis, Imam Hasan (AS), ~~by relinquishing the caliphate—meaning~~ the political management ~~of society—to~~ Mu'~~awiyah,~~ showed that the caliphate is ~~separate~~ from the imamate, and ~~submission~~ to the political ~~conditions of~~ that time did not mean ~~relinquishing~~ the religious and sacred position, but rather ~~relinquishing~~ the government. ~~Therefore~~, ~~the Infallible Imams can, according to~~ the interests of the Islamic society, entrust the reins of executive affairs to a non-infallible person.<ref>Mohaghegh Damad, "Session on 'Peace and War, Enjoining Good and Forbidding Evil'."</ref>		Mohaghegh Damad believes in the separation between caliphate and imamate. He is of opinion that the caliphate as a form and structure of government is an earthly, executive, and non-sacred matter, while the imamate holds a religious, spiritual, and sacred position; therefore, the caliphate pertains to political and executive management of society and can be administered by non-infallible people, but the imamate is a divine and spiritual status restricted to the Infallible Imams. In his view, the separation of these two concepts helps us to understand the history of Islam and the role of the Infallible Imams in the political developments of that era more accurately. Mohaghegh Damad explains this distinction by citing the peace treaty between Imam Hasan (AS) and Mu'awiya. Based on his analysis, Imam Hasan (AS) ceded the caliphate, i.e. the political management, to Mu'awiya and so he showed that the caliphate is separated from the imamate and giving in to the political circumstances at that time did not mean giving up the religious and sacred position, but rather giving up the government. So, considering the interests of the Islamic society, the Infallible Imams can entrust the reins of executive affairs to a non-infallible person.<ref>Mohaghegh Damad, "Session on 'Peace and War, Enjoining Good and Forbidding Evil'."</ref>

	== The Jurisprudential (Fiqhi) and Principles (Usuli) School of Akhund Khorasani ==		== The Jurisprudential (Fiqhi) and Principles (Usuli) School of Akhund Khorasani ==

feqhemoaser:Writing style guide

M.zandi — Sun, 05 Jul 2026 06:33:47 GMT

Terms of Islamic jurisprudence

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	* Yazdi: یزدی		* Yazdi: یزدی
	* Haghighat: حقیقت		* Haghighat: حقیقت
			* Saanei: صانعی
	{{end}}		{{end}}

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	*Provenance: صدور		*Provenance: صدور
	*Semantical: دلالت		*Semantical: دلالت
	*~~Conventional~~ language: زبان عرفی		*customary language: زبان عرفی
	*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت		*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت
	*Evolutionary nature of knowledge: تکمیل معرفت بشری		*Evolutionary nature of knowledge: تکمیل معرفت بشری
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	*A Fortiori Argument: قیاس اولویت		*A Fortiori Argument: قیاس اولویت
	*Indefinite Noun: نکره در سیاق اثبات		*Indefinite Noun: نکره در سیاق اثبات
			*non-usury banking: بانکداری بدون ربا
			*treatise of practical jurisprudence: رساله عملیه
			*religious rits: شعائر دینی
			*religious rituals: مناسک دینی
			*has a void (batil) status: وضعاً باطل
			*statutorily impermissible: تکلیفاً غیرجائز
			*uncertainly-said hadith: روایت ظنی‌الصدور
			*Wise Fashion: سیره عقلا
			*all-eligible Faqih: فقیه جامع‌الشرائط
	{{end}}		{{end}}

	== الگوهای دانشنامه ==		== الگوهای دانشنامه ==
	* This category is created for articles related to [Name of the Person].		* This category is created for articles related to [Name of the Person].

Sayyid Mostafa Mohaghegh Damad

M.zandi — Sun, 05 Jul 2026 06:25:17 GMT

Suspension of Hudud in the Age of Occultation

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	Mohaghegh Damad considers the [[Implementation of Hudud during the Age of Occultation\|implementation of Hudud]] to be among the most important Fiqhi issues, related immediately to [[Enjoining Good and Forbidding Evil]]. Based on Hadiths and the consensus of jurists, it is implemented only by an Infallible Imam himself or his appointed deputy if the Imam presents.<ref>Mohaghegh Damad, Fiqhi Reviewing of Enjoining Good and Forbidding Evil, and Implementation of Hudud, pp. 127–128.</ref> He points to the importance of the rulings containing penalties such as striking, wounding, and even killing when he discusses the issue of the specific appointment of those authorized by the Imam to implement Sharia Hudud; therefore some Shi'ite jurists consider the implementation of these Hudud permissible only through direct appointment by the Imam. Obviously It is one of Imam's power to implement Hudud, but its practical implementation depends on Imam's sovereignty and his executive power.<ref>Mohaghegh Damad, Fiqhi Reviewing of Enjoining Good and Forbidding Evil, and Implementation of Hudud, pp. 128.</ref>		Mohaghegh Damad considers the [[Implementation of Hudud during the Age of Occultation\|implementation of Hudud]] to be among the most important Fiqhi issues, related immediately to [[Enjoining Good and Forbidding Evil]]. Based on Hadiths and the consensus of jurists, it is implemented only by an Infallible Imam himself or his appointed deputy if the Imam presents.<ref>Mohaghegh Damad, Fiqhi Reviewing of Enjoining Good and Forbidding Evil, and Implementation of Hudud, pp. 127–128.</ref> He points to the importance of the rulings containing penalties such as striking, wounding, and even killing when he discusses the issue of the specific appointment of those authorized by the Imam to implement Sharia Hudud; therefore some Shi'ite jurists consider the implementation of these Hudud permissible only through direct appointment by the Imam. Obviously It is one of Imam's power to implement Hudud, but its practical implementation depends on Imam's sovereignty and his executive power.<ref>Mohaghegh Damad, Fiqhi Reviewing of Enjoining Good and Forbidding Evil, and Implementation of Hudud, pp. 128.</ref>

	~~In examining the status~~ of ~~implemented Hudud~~ in the Age of Occultation~~, Mohaghegh Damad presents two main states from a Fiqhi perspective~~:		Mohaghegh Damad speaks of two situations in the Age of Occultation in which Hudud is implemented:

	* Implementation of Hudud by the command of an unjust ruler (Wali al-Ja'ir): In this situation, the implementer of Hudud acts according to the order of a ruler who lacks religious legitimacy.		* Implementation of Hudud by the command of an unjust ruler (Wali al-Ja'ir): In this situation, the implementer of Hudud acts according to the order of the ruler who lacks religious legitimacy.
	* Implementation of Hudud by a Faqih: Mohaghegh Damad presents three main ~~views regarding this~~:		* Implementation of Hudud by a Faqih: in this regard, Mohaghegh Damad presents three main positions:

	# ~~Cessation~~ (Tawaqquf) ~~in the~~ implementation of Hudud, due to the absence of a specific ~~appointment~~ in the Age of Occultation.		# Suspending (Tawaqquf) implementation of Hudud, due to the absence of Imam's specific deputy in the Age of Occultation.
	# ~~Agreement with the implementation~~ of Hudud by ~~a fully qualified~~ Faqih (Faqih Jami' al-Sharayit), citing the principle of the sufficiency of Wilayat al-Faqih.		# Implementation of Hudud by an all-eligible Faqih (Faqih Jami' al-Sharayit), citing the principle of the sufficiency of Wilayat al-Faqih.
	# ~~Opposition to the implementation of~~ Hudud by a Faqih, ~~along with mentioning~~ arguments ~~of critique and refutation~~.		# Not implementing Hudud by Faqih, based on critical and refusal arguments against those two views.
			ِDiscussing the arguments of supporters and opponents of the implementation of Hudud by jurists in the Age of Occultation,<ref>Mohaghegh Damad, Fiqhi Rereading of Enjoining Good, Forbidding Evil, and Implementation of Hudud, pp. 135–145.</ref> he finally adopted the suspension view during the era of Occultation and presents his Fiqhi reasons in defense of this position.<ref>Mohaghegh Damad, Fiqhi Rereading of Enjoining Good and Forbidding Evil, and Implementation of Hudud, pp. 149–201; Mohaghegh Damad, "Hudud in Our Time: Implementation or Suspension?" pp. 61–78.</ref>
	~~Finally, while examining~~ the arguments of supporters and opponents of the implementation of Hudud by jurists in the Age of Occultation,<ref>Mohaghegh Damad, Fiqhi Rereading of Enjoining Good, Forbidding Evil, and Implementation of Hudud, pp. 135–145.</ref> he ~~ultimately chooses the theory of~~ the suspension ~~of Hudud~~ during the era of Occultation and presents his Fiqhi ~~documentation~~ in defense of this ~~view~~.<ref>Mohaghegh Damad, Fiqhi Rereading of Enjoining Good, Forbidding Evil, and Implementation of Hudud, pp. 149–201; Mohaghegh Damad, "Hudud in Our Time: Implementation or Suspension?" pp. 61–78.</ref>

	== Theory of the Separation of Caliphate and Imamate ==		== Theory of the Separation of Caliphate and Imamate ==