Encyclopedia of Contemporary Jurisprudence - Recent changes [en]

feqhemoaser:Writing style guide

M.zandi — Wed, 02 Sep 2026 12:01:47 GMT

Terms of Islamic jurisprudence (Persian - English)

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	*Human Dignity: کرامت انسانی		*Human Dignity: کرامت انسانی
	*Ijtihad: اجتهاد		*Ijtihad: اجتهاد
	*Illicit ~~Enrichment~~: اکل مال به باطل		*Illicit acquisition of property: اکل مال به باطل
	*Indefinite Noun: نکره در سیاق اثبات		*Indefinite Noun: نکره در سیاق اثبات
	*Inebriants: مسکرات		*Inebriants: مسکرات
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	* اصول عملیه: Practical Principles		* اصول عملیه: Practical Principles
	* اصول لفظیه: Linguistic Principles		* اصول لفظیه: Linguistic Principles
	* اکل مال به باطل: Illicit ~~Enrichment~~		* اکل مال به باطل: Illicit acquisition of property
	* امر به معروف و نهی از منکر: Enjoining good and forbidding wrong		* امر به معروف و نهی از منکر: Enjoining good and forbidding wrong
	* امور حسبیه: non-litigious matters (al-omour al-hesbiah)		* امور حسبیه: non-litigious matters (al-omour al-hesbiah)

Sayyid Mostafa Mohaghegh Damad

M.zandi — Wed, 02 Sep 2026 12:00:05 GMT

Customary Nature of Pyramid Schemes, Chess, Hoarding, Riba, and Bribery

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	== Customary Nature of Pyramid Schemes, Chess, Hoarding, Riba, and Bribery ==		== Customary Nature of Pyramid Schemes, Chess, Hoarding, Riba, and Bribery ==
	~~In analyzing the~~ Fiqhi ~~rule~~ of ~~"Eating wealth in vanity~~" (Akl al-mal bi-al-batil), ~~Mohaghegh Damad considers it dependent~~ on ~~custom (Urf) and~~ the customary nature of transactions; in such a way that any transaction considered unfair by custom, such as [[Pyramid Schemes]]~~, will be subject to this rule~~.<ref>Mohaghegh Damad, Illicit Acquisition of ~~Wealth~~ in Islamic Law, pp. 21–28.</ref>		The Fiqhi maxim "illicit acquisition of property" (Akl al-mal bi-al-batil), in his opinion, is a customary matter and depends on the customary nature of transactions, in such a way that this rule applies to any transaction considered unfair by custom, such as [[Pyramid Schemes]].<ref>Mohaghegh Damad, Illicit Acquisition of property in Islamic Law, pp. 21–28.</ref>

	The prohibition of hoarding also, from his perspective, is ~~rooted in~~ the ~~ruling of reason; utilizing~~ religious texts as ~~corroboration~~, he considers this prohibition to extend beyond ~~the limited~~ four or six items and includes any commodity that causes loss to the people and ~~disruption~~ in social order.<ref>Mohaghegh Damad, Illicit Acquisition of Wealth in Islamic Law, pp. 44–58.</ref>		The prohibition of hoarding also, from his perspective, is based on the reasonable analysis. citing to the religious texts as supportive evidence, he considers this prohibition to extend beyond four or six items mentioned in Fiqhi works and includes any commodity that causes loss to the people and trouble in social order.<ref>Mohaghegh Damad, Illicit Acquisition of Wealth in Islamic Law, pp. 44–58.</ref>

	Regarding playing with gambling instruments such as chess and backgammon, Mohaghegh Damad states that if~~, due to social changes,~~ the ~~description of~~ gambling is removed from them, ~~the ruling of~~ their prohibition can be lifted and ~~innocence (Bara'ah) becomes possible~~.<ref>Mohaghegh Damad, Illicit Acquisition of Wealth in Islamic Law, pp. 182–197.</ref>		Regarding playing with gambling instruments such as chess and backgammon, Mohaghegh Damad states that if the gambling feature is removed from them due to social changes, their prohibition can be lifted and may be regarded as permissible.<ref>Mohaghegh Damad, Illicit Acquisition of Wealth in Islamic Law, pp. 182–197.</ref>

	In the discussion of Riba, the author considers the main goal of its prohibition to be the prevention of oppression, economic abuse, and steering people toward productive and useful activities, rather than merely the unregulated increase of capital. Distinguishing between the "cause" ('Illah) and the "wisdom" (Hikmah) of the prohibition of Riba, he argues that if oppression is the real cause of the prohibition, the practical principle of innocence can justify the legitimacy of some types of Riba, such as [[Production-oriented Riba]]. Also, by changing the subject or the object of the ruling, the possibility of legitimizing some ribawi transactions is provided.<ref>Mohaghegh Damad, Illicit Acquisition of Wealth in Islamic Law, pp. 217–281.</ref>		In the discussion of Riba, the author considers the main goal of its prohibition to be the prevention of oppression, economic abuse, and steering people toward productive and useful activities, rather than merely the unregulated increase of capital. Distinguishing between the "cause" ('Illah) and the "wisdom" (Hikmah) of the prohibition of Riba, he argues that if oppression is the real cause of the prohibition, the practical principle of innocence can justify the legitimacy of some types of Riba, such as [[Production-oriented Riba]]. Also, by changing the subject or the object of the ruling, the possibility of legitimizing some ribawi transactions is provided.<ref>Mohaghegh Damad, Illicit Acquisition of Wealth in Islamic Law, pp. 217–281.</ref>

feqhemoaser:Writing style guide

M.zandi — Tue, 01 Sep 2026 13:34:30 GMT

Terms of Islamic jurisprudence (Persian - English)

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	*Practical Principles: اصول عملیه		*Practical Principles: اصول عملیه
	*Preferability: ارجحیت		*Preferability: ارجحیت
			*Presumptive evidence: دلیل ظنی
	*Principle of interdependence at the macro level: قاعده ملازمه کبروی		*Principle of interdependence at the macro level: قاعده ملازمه کبروی
	*Provenance: صدور		*Provenance: صدور
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	* دلالت تصوری: Apprehended Significance		* دلالت تصوری: Apprehended Significance
	* دلالت: Semantical		* دلالت: Semantical
			* دلیل ظنی: presumptive evidence
	* دوران غیبت: age of occultation		* دوران غیبت: age of occultation
	* رساله عملیه: treatise of practical jurisprudence		* رساله عملیه: treatise of practical jurisprudence

Women Fiqh

M.zandi — Tue, 01 Sep 2026 13:31:51 GMT

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	=== Reducing Distinctions by Rethinking Usuli Rules ===		=== Reducing Distinctions by Rethinking Usuli Rules ===
	This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. According to this attitude, some common principles may not be efficient for meeting the needs of our time. Citing new foundations such as the [[Authority of ~~speculative~~ reason]] (Hujjiyyah of Aql-e Zanni) alongside verbal religious evidence, or revising the authority of the hadith narrated by a single trustworthy person only (Khabar Wahid) are examples of this efforts that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "~~Authority~~ of ~~Speculative Reason~~ in ~~Fiqhi Inference~~", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>		This approach seeks transformation in the process of inference by rethinking the foundations and methodological principles of Fiqh. According to this attitude, some common principles may not be efficient for meeting the needs of our time. Citing new foundations such as the [[Authority of presumptive reason]] (Hujjiyyah of Aql-e Zanni) alongside verbal religious evidence, or revising the authority of the hadith narrated by a single trustworthy person only (Khabar Wahid) are examples of this efforts that can lead to completely different results in women's issues.<ref>Fanaei, ''Ethics of Religious Study'', pp. 72-73; Shajarian, "The authority of reasonableness in jurisprudential deduction", pp. 75-93; Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref>

	In this context, [[Muhammad Sadeqi Tehrani]] does not consider Tradition (Sunnah) to be even a ~~uncertain proof~~ due to problems such as objections in the chain of narratives the (Rijal), lack of Tawatur (abundant transmission), contradiction and conflict of them, possibility of fabrication, possibility of Taqiyyah (prudence and dissimulation), quotation of the content of words, and possibility of fragmentation. He believes that the Quran, i.e. its appearances and explicitly texts, is the main reference for inferring rulings, and it is at the highest level because it does not have the problems mentioned.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money\|issue of blood money]], based on strong opposition to the famous hadith of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So if anyone commits aggression against you, attack him as he attacked you" ([[Verse 194 of Surah Al-Baqarah\|Quran 2:134]]) and "an equal wound for a wound" ([[Verse 45 of Surah Al-Ma'idah\|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned hadith and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>		In this context, [[Muhammad Sadeqi Tehrani]] does not consider Tradition (Sunnah) to be even a presumptive evidence due to problems such as objections in the chain of narratives the (Rijal), lack of Tawatur (abundant transmission), contradiction and conflict of them, possibility of fabrication, possibility of Taqiyyah (prudence and dissimulation), quotation of the content of words, and possibility of fragmentation. He believes that the Quran, i.e. its appearances and explicitly texts, is the main reference for inferring rulings, and it is at the highest level because it does not have the problems mentioned.<ref>Sadeqi Tehrani, ''Expressive Fiqh'', pp. 19-23.</ref> For example, in the [[Nature of blood money\|issue of blood money]], based on strong opposition to the famous hadith of Aban<ref>Hurr al-Amili, ''Wasa'il al-Shia'', Vol. 20, p. 352.</ref> he cites the absoluteness of two verses "So if anyone commits aggression against you, attack him as he attacked you" ([[Verse 194 of Surah Al-Baqarah\|Quran 2:134]]) and "an equal wound for a wound" ([[Verse 45 of Surah Al-Ma'idah\|Quran 5:45]]) and attempts to prove the excess of blood money for 4 fingers of a woman over her 3 fingers, in opposition to the mentioned hadith and the famous opinion.<ref>Sadeqi Tehrani, ''Rights of Ladies in Islam'', pp. 30-31; Sadeqi Tehrani, ''New Clarification of Questions'', p. 448.</ref>

	== Footnotes ==		== Footnotes ==
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	Shajarian, Mahdi, "[https://fh.smhi.ir/article_192705_ab76ddef249db1a0b8bc0b804f0d0852.pdf Gender Justice and the Desirable Fiqhi Approach in the Realm of Governance]", ''Fiqh-e Hukumati'', No. 13, 1401 SH.		Shajarian, Mahdi, "[https://fh.smhi.ir/article_192705_ab76ddef249db1a0b8bc0b804f0d0852.pdf Gender Justice and the Desirable Fiqhi Approach in the Realm of Governance]", ''Fiqh-e Hukumati'', No. 13, 1401 SH.

	Shajarian, Mahdi, "[https://religion.mofidu.ac.ir/article_720252_a7bfb81e1c49b5049a584e47c8199597.pdf ~~Authority~~ of ~~Speculative Reason~~ in ~~Fiqhi Inference~~]", ''Religion and Contemporary World Biannual'', No. 20, 1403 SH.		Shajarian, Mahdi, "[https://religion.mofidu.ac.ir/article_720252_a7bfb81e1c49b5049a584e47c8199597.pdf The authority of reasonableness in jurisprudential deduction]", ''Religion and Contemporary World Biannual'', No. 20, 1403 SH.

	Shafiei, Ali and Mohammad Reza Kazemi Galvardi and Mansour Amirzadeh, "[https://jfiqh.um.ac.ir/article_40303_8ed0a72b50d9916ee77bfb29f503821b.pdf Critical Reading of the Traditional Fiqh Approach to Women's Rights (Foundations and Challenges)]", ''Fiqh and Usul'', No. 133, 1402 SH.		Shafiei, Ali and Mohammad Reza Kazemi Galvardi and Mansour Amirzadeh, "[https://jfiqh.um.ac.ir/article_40303_8ed0a72b50d9916ee77bfb29f503821b.pdf Critical Reading of the Traditional Fiqh Approach to Women's Rights (Foundations and Challenges)]", ''Fiqh and Usul'', No. 133, 1402 SH.

Main Page

Enadmin — Mon, 31 Aug 2026 17:40:28 GMT

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	[[FA:main page]]		[[FA:main page]]
			[[AR:main page]]

Sayyid Muhammad Hadi Husayni Milani

M.zandi — Mon, 31 Aug 2026 14:02:48 GMT

Transplantation of Muslim and Non-Muslim Body Parts

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	==Medical and Biological Fiqh==		==Medical and Biological Fiqh==
	===Artificial and Voluntary Insemination===		===Artificial and Voluntary Insemination===
	According to Ayatollah Milani, voluntary [[artificial insemination]] is not permissible, although there is no explicit text in verses and hadiths regarding its prohibition. Nevertheless, For a child conceived via artificial insemination, the genetic lineage follows the sperm owner, and if the child's father is not known, the child is considered an child of unknown lineage. It should be noted that this act is not Zina (adultery) for women. Regarding inheritance, the child inherits from the mother, and from the father if he is known, as well as from other relatives according to the classes of inheritance. The [[Nafaqa]] (maintenance) of the child is upon the father, and if the father is not known, it is upon the mother, and in case of the mother's poverty, it will be upon the [[Bayt al-Mal]]. Furthermore, ~~regarding~~ the ~~spread of prohibition (Mahramiyat)~~, ~~the~~ child ~~is considered the same as children~~ resulting from ~~legal~~ marriage.<ref>Milani, Didgah-haye Elmi, pp. 189 & 386.</ref> ~~Also,~~ the insemination of a foreign man's sperm into a woman's womb is religiously ~~contrary to~~ Islamic regulations. However, if such insemination ~~is performed and a child is born, the child~~ cannot be considered ~~Walad al-Zina (~~child of adultery).<ref>Milani, Didgah-haye Elmi, p. 320.</ref>		According to Ayatollah Milani, voluntary [[artificial insemination]] is not permissible, although there is no explicit text in verses and hadiths regarding its prohibition. Nevertheless, For a child conceived via artificial insemination, the genetic lineage follows the sperm owner, and if the child's father is not known, the child is considered an child of unknown lineage. It should be noted that this act is not Zina (adultery) for women. Regarding inheritance, the child inherits from the mother, and from the father if he is known, as well as from other relatives according to the classes of inheritance. The [[Nafaqa]] (maintenance) of the child is upon the father, and if the father is not known, it is upon the mother, and in case of the mother's poverty, it will be upon the [[Bayt al-Mal]]. Furthermore, this child is Mahram with the family, just like a child resulting from religious marriage.<ref>Milani, Didgah-haye Elmi, pp. 189 & 386.</ref> And the insemination of a foreign man's sperm into a woman's womb is religiously incompatible with Islamic regulations. However, the child resulting from such insemination cannot be considered a child of adultery.<ref>Milani, Didgah-haye Elmi, p. 320.</ref>

	===Transplantation ~~of Muslim~~ and Non-~~Muslim Body Parts~~===		===Organ Transplantation between Muslims and Non-Muslims===
	Milani ~~does not consider~~ the transplantation of Muslim body parts, such as a kidney and the cornea of the eye, ~~to be~~ permissible, whether from a dead body or a living body; but ~~the use of~~ body parts of the [[Ahl al-Kitab]] (People of the Book) who do not adhere to the Islamic Dhimma laws, ~~and also from the body of an apostate~~, ~~a Nasibi~~, and other Kafirs (disbelievers)~~, is not impeded~~. According to him, in case of using a dead Muslim's body parts, his [[Diya]] must be paid and spent on charity for that deceased person. ~~In his belief, the~~ use of a dead Kafir's body ~~parts~~ is permissible if, ~~after transplantation~~, it becomes part of the Muslim's body.<ref name=":0">Milani, Didgah-haye Elmi, pp. 203-256.</ref>		According to Milani, the transplantation of Muslim's body parts, such as a kidney and the cornea of the eye, is not permissible, whether from a dead body or a living body; but there is no objection to transplanting non-Muslim's body parts into a Muslim's body; the non-Muslim including the [[Ahl al-Kitab]] (People of the Book, who do not adhere to the Islamic Dhimma laws), apostates, Nasibis, and other Kafirs (disbelievers). According to him, in case of using a dead Muslim's body parts, his [[Diya]] must be paid and spent on charity for that deceased person. The use of a dead Kafir's body part is permissible, in his opinion, if it becomes a part of the Muslim's body after transplantation.<ref name=":0">Milani, Didgah-haye Elmi, pp. 203-256.</ref>

	===Dissection of Dead Bodies for Educational Purposes===		===Dissection of Dead Bodies for Educational Purposes===