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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	Emphasizing the necessity of rethinking Fiqh foundations, Mohaghegh Damad presents a rationalist and transformative perspective on Ijtihad. He considers the [[Philosophy of Fiqh]] as a tool for a deeper understanding of the epistemological structures of Fiqh and emphasizes the [[Role of time and space in Ijtihad\|role of time and space in the transformation of rulings]] and the necessity of attending to the [[Maqasid al-Shari'ah]] (Sharia Objectives). In his view, Ijtihad should be gone beyond traditional frameworks to include philosophical and rational methods to meet the new needs of society.<ref>Mohaghegh Damad et al., "Philosophy of Fiqh," pp. 11–121; "The Role of the Element of Time and Space in Shi'ite Ijtihad," pp. 46–55.</ref>		Emphasizing the necessity of rethinking Fiqh foundations, Mohaghegh Damad presents a rationalist and transformative perspective on Ijtihad. He considers the [[Philosophy of Fiqh]] as a tool for a deeper understanding of the epistemological structures of Fiqh and emphasizes the [[Role of time and space in Ijtihad\|role of time and space in the transformation of rulings]] and the necessity of attending to the [[Maqasid al-Shari'ah]] (Sharia Objectives). In his view, Ijtihad should be gone beyond traditional frameworks to include philosophical and rational methods to meet the new needs of society.<ref>Mohaghegh Damad et al., "Philosophy of Fiqh," pp. 11–121; "The Role of the Element of Time and Space in Shi'ite Ijtihad," pp. 46–55.</ref>

	According to Mohaghegh Damad, the finality of prophethood (Khatamiyyah), ~~meaning~~ the end of the line of prophets, is religiously and rationally accepted~~; however~~, the endurance of Sharia, ~~meaning~~ the continued validity of Islamic laws and rulings until ~~the~~ Day ~~of Judgment~~, is a different matter ~~requiring independent reasoning and~~ a separate basis. This endurance ~~cannot~~ be considered merely a direct result of the finality of prophethood, as these two ~~institutions~~ have independent natures. According to him, if the endurance of ~~Shari'ah~~ is understood as the absolute stability of laws, it seems inconsistent with historical changes and social transformation; the solution to this conflict lies in the institution of ~~Ijtihad—an~~ Ijtihad ~~that is~~ a scientific effort to deduce ~~Shari'ah~~ rulings ~~based on~~ religious sources while considering the ~~conditions~~ of time and space.<ref>Mohaghegh Damad, "Challenges of Fiqhi Criminal Legislation."</ref>		According to Mohaghegh Damad, although the finality of prophethood (Khatamiyyah), i.e. the end of the line of prophets, is religiously and rationally accepted, the endurance of Sharia, i.e. the continued validity of Islamic laws and rulings until Judgment Day, is a different matter that requires a separate basis and reasoning in another way. This endurance could not be considered merely a direct result of the finality of prophethood, as these two entity have independent natures. According to him, if the endurance of Sharia is understood as the absolute stability of laws, it seems inconsistent with historical changes and social transformation; the solution to this conflict lies in the institution of Ijtihad, meaning a scientific effort to deduce Sharia rulings from religious sources while considering the circumstances of time and space.<ref>Mohaghegh Damad, "Challenges of Fiqhi Criminal Legislation."</ref>

	== Suspension of Hudud in the Age of Occultation ==		== Suspension of Hudud in the Age of Occultation ==
	Mohaghegh Damad considers the [[Implementation of Hudud during the Age of Occultation\|implementation of Hudud]] to be among the most important Fiqhi issues, ~~which has a direct link~~ to [[Enjoining Good and Forbidding Evil]]. Based on ~~narrations~~ and the consensus of jurists~~, in the era of the presence of the Infallible Imam~~, it is ~~to be~~ implemented only by ~~the~~ Imam himself or his appointed deputy.<ref>Mohaghegh Damad, Fiqhi ~~Rereading~~ of Enjoining Good, Forbidding Evil, and Implementation of Hudud, pp. 127–128.</ref> ~~In examining~~ the issue of the specific appointment of those authorized by the Imam to implement ~~Shari'ah~~ Hudud~~, he points to the high sensitivity of these rulings—rulings that include punishments such as striking, wounding, and even killing~~; ~~for this reason,~~ some Shi'ite jurists consider the implementation of these Hudud permissible only through direct appointment by the Imam. ~~This~~ is ~~with the clarification that the principle~~ of ~~implementing~~ Hudud ~~by the Imam is permissible~~, but its ~~realization in practice is contingent upon the~~ Imam ~~possessing~~ executive ~~and governmental~~ power.<ref>Mohaghegh Damad, Fiqhi ~~Rereading~~ of Enjoining Good, 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 ==

feqhemoaser:Writing style guide

Mkhaghanif — Thu, 02 Jul 2026 07:10:06 GMT

Terms of Islamic jurisprudence

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	==FIRST NAMES==		==FIRST NAMES==
			{{col-begin\|3}}
	* Mousa: موسی		* Mousa: موسی
	* Mohammad Ishaq : محمداسحاق		* Mohammad Ishaq : محمداسحاق
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	* Fazlollah: فضل الله		* Fazlollah: فضل الله
	* Abdolkarim: عبدالکریم		* Abdolkarim: عبدالکریم
	===FAMILY NAMES===		{{end}}
			==FAMILY NAMES==
			{{col-begin\|3}}
	* Fayyaz: فیاض		* Fayyaz: فیاض
	* Musavi: موسوی		* Musavi: موسوی
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	* Yazdi: یزدی		* Yazdi: یزدی
	* Haghighat: حقیقت		* Haghighat: حقیقت
			{{end}}

	== Terms of Islamic jurisprudence ==		== Terms of Islamic jurisprudence ==
	* [[disliked (makruh)]]		{{col-begin\|2}}
			* disliked (makruh)
	* no necessary connection : ملازمه منجزی		* no necessary connection : ملازمه منجزی
	* sayyid		* sayyid
	* contemporary scholars of Usul al-fiqh : فقهای اصولی		* contemporary scholars of Usul al-fiqh : فقهای اصولی
	* [[Maliki school]]		* Maliki school
	* [[Shafi'i school]]		* Shafi'i school
	* Advanced Jurisprudence (Kharij) : خارج فقه		* Advanced Jurisprudence (Kharij) : خارج فقه
	* the principle of interdependence: قاعده ملازمه		* the principle of interdependence: قاعده ملازمه
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	*the repugnance of punishment without warning (qubh al-'iqab bila bayan)		*the repugnance of punishment without warning (qubh al-'iqab bila bayan)
	*the right of obedience (haqq al-ta'ah)		*the right of obedience (haqq al-ta'ah)
	*[[age of occultation (ghaybah)]]		*age of occultation (ghaybah)
	*fundamental boundaries: خطوط قرمز در اصطلاح فقهی		*fundamental boundaries: خطوط قرمز در اصطلاح فقهی
	*Istislah (public interest)		*Istislah (public interest)
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	*Hudud (fixed punishments under Islamic law)		*Hudud (fixed punishments under Islamic law)
	*Ijtihad: اجتهاد		*Ijtihad: اجتهاد
	*[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش		*rule of the bed (qā'idat al-firāsh) : قاعده فراش
	*~~'''~~Artificial Procreation: انجاب/تولید مثل~~'''~~		*Artificial Procreation: انجاب/تولید مثل
	*Common Religious Consciousness: ارتکاز		*Common Religious Consciousness: ارتکاز
	*Declaratory Law: حکم تکلیفی		*Declaratory Law: حکم تکلیفی
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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
			{{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].

User:Sarfipour

Mkhaghanif — Thu, 02 Jul 2026 07:03:23 GMT

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feqhemoaser:Writing style guide

Mkhaghanif — Thu, 02 Jul 2026 07:01:53 GMT

Created page with "== اعلام == === نام های خاص عربی === * Abd al-Rahman al-Jaziri == BOOK NAMES == * Misbah al-Fiqahah * Salsabil fi Usul al-Tajzi'ah wa al-I'rab ==FIRST NAMES== * Mousa: موسی * Mohammad Ishaq : محمداسحاق * Abolqassem: ابوالقاسم * Mohammad Sadeq: محمدصادق * Taqi: تقی * Mirza: میرزا * Javad: جواد * Mohammad Javad: محمدجواد * Lotfollah: لطف الله * Ahmad: احمد * Mohammad Baqer: محمد..."

New page

== اعلام ==
=== نام های خاص عربی ===

* [[Abd al-Rahman al-Jaziri]]

== BOOK NAMES ==

* [[Misbah al-Fiqahah]]
* Salsabil fi Usul al-Tajzi'ah wa al-I'rab

==FIRST NAMES==

* Mousa: موسی
* Mohammad Ishaq : محمداسحاق
* Abolqassem: ابوالقاسم
* Mohammad Sadeq: محمدصادق
* Taqi: تقی
* Mirza: میرزا
* Javad: جواد
* Mohammad Javad: محمدجواد
* Lotfollah: لطف الله
* Ahmad: احمد
* Mohammad Baqer: محمدباقر
* Mirza: میرزا
* Ja'far: جعفر
* Fazlollah: فضل الله
* Abdolkarim: عبدالکریم
===FAMILY NAMES===
* Fayyaz: فیاض
* Musavi: موسوی
* Khoei: خوئی
* Rohani: روحانی
* Mohaqqeq: محقق
* Karaki: کرکی
* Tabatabaei: طباطبائی
* Qomi: قمی
* Tabrizi: تبریزی
* Shubairi: شبیری
* Zanjani: زنجانی
* Fazel: فاضل
* Lankarani: لنکرانی
* Safi: صافی
* Golpaygani: گلپایگانی
* Alidoost: علیدوست
* Mulla: ملا
* Naraqi: نراقی
* Majlesi: مجلسی
* Gilani: گیلانی
* Kashfi: کشفی
* Nouri: نوری
* Haeri: حائری
* Yazdi: یزدی
* Haghighat: حقیقت

== Terms of Islamic jurisprudence ==
* [[disliked (makruh)]]
* no necessary connection : ملازمه منجزی
* sayyid
* contemporary scholars of Usul al-fiqh : فقهای اصولی
* [[Maliki school]]
* [[Shafi'i school]]
* Advanced Jurisprudence (Kharij) : خارج فقه
* the principle of interdependence: قاعده ملازمه
* principle of interdependence at the macro level : قاعده ملازمه کبروی
*Rational proof of innocence: برائت عقلی
*Rational precaution: احتیاط عقلی
*the repugnance of punishment without warning (qubh al-'iqab bila bayan)
*the right of obedience (haqq al-ta'ah)
*[[age of occultation (ghaybah)]]
*fundamental boundaries: خطوط قرمز در اصطلاح فقهی
*Istislah (public interest)
*abominations and evil deeds: فحشاء و منکر
*disengagement: عدم تعهد
*unreliable conjecture (zann): ظن غیر معتبر
*Istihsan (juristic preference): استحسان
*pure water (mutlaq) and mixed water (mudaf): آب مطلق و مضاف
*enjoining what is right and forbidding what is wrong (al-amr bi al-maʿrūf wa al-nahy ʿan al-munkar)
*Hudud (fixed punishments under Islamic law)
*Guardianship (Wilayah)
*non-litigious matters (al-omour al-hesbiah)
*Hudud (fixed punishments under Islamic law)
*Ijtihad: اجتهاد
*[[rule of the bed (qā'idat al-firāsh)]] : قاعده فراش
*'''Artificial Procreation: انجاب/تولید مثل'''
*Common Religious Consciousness: ارتکاز
*Declaratory Law: حکم تکلیفی
*Unrelated individual person/ Non-mahram: نامحرم
*scenario: فرض (فقهی)
*prohibited: علمی که شرعا مجاز نیست اما منجر به نسب مشروع می شود
*Coitus: نزدیکی جنسی
*IVF: لقاح خارج از رحم
*The Principle of Precaution: اصالة الاحتیاط
*Recipient (Gestational mother): صاحب رحم
*Transplantation: پیوند (اعضای بدن)
*Rational purpose: غرض عقلایی
*Undue hardship: حرج
*Consummated marriage: زنی که با او نزدیکی شده
*Marital prohibitions (''Mahramiyah''): حرمت نکاح
*Ensoulment (''Nafkh al-Rūḥ''): ولوج روح
*Quranic Deduction: استنباط از قرآن
*Provenance: صدور
*Semantical: دلالت
*Conventional language: زبان عرفی
*The Contraction and Expansion of Sharia: نظریه قبض و بسط شریعت
*Evolutionary nature of knowledge: تکمیل معرفت بشری
*Intellect: عقل در اصطلاح فقهی
*scholar: روحانی، آخوند
*Biographical Evaluation: رجال
*Guardianship of the Jurist: ولایت فقیه
*Inerrancy: عصمت
*The Infallibles: معصومین
*Apprehended Significance: دلالت تصوری
*Preferability: ارجحیت
*Variable Rulings: احکام متغیر
*Superseded or rendered void: حکمی که دیگر کارکرد ندارد
*Traditionalist Jurisprudence: فقه سنتی
*Teleological: غایت گرا
*State-centric Jurisprudence: فقه حکومتی
*Legal Derivation: استنباط احکام
*Laypeople: مقلد
*Solitary Tradition: خبر واحد
*Forbidden Medicaments: درمان با محرمات
*Jurisprudential Inquiries: استفتائات
*Medical Screening: غربالگری
*Civil Liability: ضمان قهری
*State of Necessity: قاعده الضرورات تبیح المحظورات
*Inebriants: مسکرات
*Abrogation of Prohibition: رفع حرمت به واسطه عناوین ثانویه
*The Public Treasury: بیت المال
*Violation of Professional Oaths: نقض قسم
*Illicit Enrichment: اکل مال به باطل
*Rule of Liability: قاعده ضمان
*Direct Skin-to-Skin Contact: لمس بدون واسطه
*Legal Incompetents: فرد محجور
*Analytical-Ijtihadic Approach: روش اجتهادی-تحلیلی
*Emergent Jurisprudential Issues: مسائل مستحدثه
*The Practice of the Religious Community: سیره متشرعه
*Linguistic Principles: اصول لفظیه
*Practical Principles: اصول عملیه
*Juridical Consensus: اجماع فقهی
*General Evidences: قواعد عام فقهی
*Legal Presumption: اصل (در مقام شک)
*Gender Intermixing: اختلاط زن و مرد
*Inherent Dignity: کرامت انسانی
*Financial Maintenance: نفقه
*The Conduct of the Rational: سیره عقلاء
*Divine Revelation: وحی
*The Major Occultation: عصر غیبت
*The Scripture and Tradition: کتاب و سنت
*Tacit Approval: تقریر
*Non-Textual Proofs: ادله لبیه
*The Normative Consciousness of the Devout: ارتکاز متشرعه
*Evidence-Based Consensus: اجماع مدرکی
*Masculinity: شرط ذکورت
*The Preliminary to a Prohibited Act: مقدمه حرام
*The Minimum Certainty: قدر متیقن
*A Fortiori Argument: قیاس اولویت
*Indefinite Noun: نکره در سیاق اثبات

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

Sayyid Mostafa Mohaghegh Damad

M.zandi — Sat, 27 Jun 2026 19:05:43 GMT

The Necessity of Rereading Fiqh and Usul and Reconsidering Ijtihad

Yousef Saanei

M.zandi — Mon, 22 Jun 2026 11:32:11 GMT

← Older revision		Revision as of 11:32, 22 June 2026
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	'''Yousef Saanei''' (in Persian: [[:fa:یوسف_صانعی\|یوسف صانعی]]), was a Shia Faqih who held fatwas differing from the consensus of jurists, particularly in areas such as [[Fiqh of Women]] and the [[Rights of Non-Muslim Minorities]] in Islamic society. These views faced numerous reactions from traditionalist jurists. By investigating them we can better understand the developments of [[Contemporary Jurisprudence]]. It is said that his approach represents an effort toward the dynamism of Shia Fiqh and responding to new issues while maintaining inferential frameworks.		'''Yousef Saanei''' (in Persian: [[:fa:یوسف_صانعی\|یوسف صانعی]]), was a Shia Faqih who held fatwas differing from the consensus of jurists, particularly in areas such as [[Fiqh of Women]] and the [[Rights of Non-Muslim Minorities]] in Islamic society. These views faced numerous reactions from traditionalist jurists. By investigating them we can better understand the developments of [[Contemporary Jurisprudence]]. It is said that his approach represents an effort toward the dynamism of Shia Fiqh and responding to new issues while maintaining inferential frameworks.

	Relying on five key principles —the [[Principle of Justice (Qa'idat al-Adl)]], taking priority of the Quran over Hadiths, the revision of evidence based on contemporary needs, the [[Principle of No-Hardship (Nafi al-Haraj)]], and non-commitment to consensus (Ijma') and popularity (Shuhrat)— Sa'anei proceeded to derive rulings that differed from popular fatwas in cases such as the [[Equality of Blood Money for Men and Women\|equality of Diya (blood money)]] and [[Equality of Retribution for Men and Women\|Qisas (~~retribution~~)]] between men and women, the permissibility of [[Women's Judgeship\|judgeship]] and [[Women's Marja'iyyah\|religious authority (Marja'iyyah) for women]], the [[Puberty of Girls\|attainment of puberty for girls]] at age 13, the [[Equality of Testimony for Men and Women\|equality of testimony between men and women]], and the [[Mahramiyyah of the Adopted Child\|Mahramiyyah of adopted children]].		Relying on five key principles —the [[Principle of Justice (Qa'idat al-Adl)]], taking priority of the Quran over Hadiths, the revision of evidence based on contemporary needs, the [[Principle of No-Hardship (Nafi al-Haraj)]], and non-commitment to consensus (Ijma') and popularity (Shuhrat)— Sa'anei proceeded to derive rulings that differed from popular fatwas in cases such as the [[Equality of Blood Money for Men and Women\|equality of Diya (blood money)]] and [[Equality of Retribution for Men and Women\|Qisas (retaliation)]] between men and women, the permissibility of [[Women's Judgeship\|judgeship]] and [[Women's Marja'iyyah\|religious authority (Marja'iyyah) for women]], the [[Puberty of Girls\|attainment of puberty for girls]] at age 13, the [[Equality of Testimony for Men and Women\|equality of testimony between men and women]], and the [[Mahramiyyah of the Adopted Child\|Mahramiyyah of adopted children]].

	According to Sa'anei's fatwas, the permissibility of [[Polygyny\|polygyny]] is conditional upon acceptance and consent of the first wife; he even considers polygyny as impermissible and void (batil) in case of first wife's discontent that involves harassing her. He also considers the legitimacy of [[Temporary Marriage (Nikah al-Mut'ah)\|temporary marriage]] to be limited only to emergency and exceptional cases, such as long wars. Sa'anei considered "customary justice" (al-adl al-urfi) to be the basis for many rulings and believed that the Legislator (Shari') has delegated the identification of instances of justice to custom (Urf).		According to Sa'anei's fatwas, the permissibility of [[Polygyny\|polygyny]] is conditional upon acceptance and consent of the first wife; he even considers polygyny as impermissible and void (batil) in case of first wife's discontent that involves harassing her. He also considers the legitimacy of [[Temporary Marriage (Nikah al-Mut'ah)\|temporary marriage]] to be limited only to emergency and exceptional cases, such as long wars. Sa'anei considered "customary justice" (al-adl al-urfi) to be the basis for many rulings and believed that the Legislator (Shari') has delegated the identification of instances of justice to custom (Urf).

	== Academic and Political Biography ==		== Academic and Political Biography ==
	Yousef Saanei was an Iranian Shia Mujtahid known for fatwas that differed from the common ones in the Shia jurists of his era. He was born in 1316 SH (1937 AD) in Isfahan and passed away in 1399 SH (2020) in Qom. He began his studies at the Isfahan Seminary (1325 SH/1946) and completed them at the Qom Seminary (from 1330 SH/1951). He studied in Qom with some scholars such as [[Sayyid Husayn Tabataba'i Borujerdi\|Sayyid Husayn Borujerdi]], [[Sayyid Muhammad Muhaqqiq Damad]], and [[Sayyid Ruhollah Musavi Khomeini\|Imam Khomeini]], and he began advanced teaching of jurisprudence (Kharij al-Fiqh) in 1354 SH/1975. Some of his jurisprudential works include: Resalah Tawdih al-Masa'il (a treatise of practical jurisprudence), Manasik al-Hajj (the rituals of the pilgrimage to Mecca), Majma' al-Masa'il, Muntakhab al-Ahkam, Medical Istifta'at (inquiries of the followers), Misbah al-Muqallidin, Ahkam Banuwan (Rulings for Women), and Kitab al-Talaq (a book on divorce).<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 53-55.</ref>		Yousef Saanei was an Iranian Shia Mujtahid known for fatwas that differed from the common ones in the Shia jurists of his era. He was born in 1316 SH (1937 AD) in Isfahan and passed away in 1399 SH (2020) in Qom. He began his studies at the Isfahan Seminary (1325 SH/1946 AD) and completed them at the Qom Seminary (from 1330 SH/1951). He studied in Qom with some scholars such as [[Sayyid Husayn Tabataba'i Borujerdi\|Sayyid Husayn Borujerdi]], [[Sayyid Muhammad Muhaqqiq Damad]], and [[Sayyid Ruhollah Musavi Khomeini\|Imam Khomeini]], and he began advanced teaching of jurisprudence (Kharij al-Fiqh) in 1354 SH/1975. Some of his jurisprudential works include: Resalah Tawdih al-Masa'il (a treatise of practical jurisprudence), Manasik al-Hajj (the rituals of the pilgrimage to Mecca), Majma' al-Masa'il, Muntakhab al-Ahkam, Medical Istifta'at (inquiries of the followers), Misbah al-Muqallidin, Ahkam Banuwan (Rulings for Women), and Kitab al-Talaq (a book on divorce).<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 53-55.</ref>

	Sa'anei's revolutionary activities prior to the 1979 Islamic Revolution involved efforts in cultural and promotional dimensions, such as issuing political declarations and statements.<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, p. 93.</ref> After the Islamic Revolution in Iran, he was Prosecutor-General of Iran for a time, and was an appointed Faqih of the Guardian Council, a member of the Society of Seminary Teachers of Qom, an elected member in the Assembly of Experts, and an appointed member of the [[Expediency Discernment Council]].<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 114-126.</ref>		Sa'anei's revolutionary activities prior to the 1979 Islamic Revolution involved efforts in cultural and promotional dimensions, such as issuing political declarations and statements.<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, p. 93.</ref> After the Islamic Revolution in Iran, he was Prosecutor-General of Iran for a time, and was an appointed Faqih of the Guardian Council, a member of the Society of Seminary Teachers of Qom, an elected member in the Assembly of Experts, and an appointed member of the [[Expediency Discernment Council]].<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 114-126.</ref>
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	=== Principle of No-Hardship (Nafi al-Haraj) ===		=== Principle of No-Hardship (Nafi al-Haraj) ===
	Another ~~widely~~ used rule in Yousef Saanei's jurisprudence is the [[Principle of No-Hardship (Nafi al-Haraj)]]. From his perspective, this rule is a definitive ruling, but the crucial matter is its extent. Sharia is based on the negation of difficulty and hardship (usr wa haraj). "Hardship" (haraj) is a customary concept without a seperate religious definition and its instances is identified customarily. The principle of ease and facilitation in religion is a governing criterion (a general principle) and can even be cited as a preference-criterion (murajjih) in the conflict of hadiths.<ref>Saanei, An Approach to Women's Rights, p. 205.</ref>		Another frequently used rule in Yousef Saanei's jurisprudence is the [[Principle of No-Hardship (Nafi al-Haraj)]]. From his perspective, this rule is a definitive ruling, but the crucial matter is its extent. Sharia is based on the negation of difficulty and hardship (usr wa haraj). "Hardship" (haraj) is a customary concept without a seperate religious definition and its instances is identified customarily. The principle of ease and facilitation in religion is a governing criterion (a general principle) and can even be cited as a preference-criterion (murajjih) in the conflict of hadiths.<ref>Saanei, An Approach to Women's Rights, p. 205.</ref>

	His fatwa on the [[Mahramiyyah of the Adopted Child]] is a prominent instance of this approach. He states on a question of mahramiyyah of a child whom someone adopted from the State Welfare Organization and whose age has passed the breastfeeding (ridha') period: we can not rely on the common religious ways (breastfeeding or marriage contract) in these cases, but there is no prohibition for looking given that caring for helpless children is a recommended and desirable act (birr and ihsan) leading to otherworldly reward and happiness in both worlds, and hardships and difficulties results from being non-mahram after the child's puberty (such as the problem of informing the child about his/her real parents, the spiritual suffering from childlessness, and the disruption of normal life). Citing the principle that "Islam is a religion of ease and facility," Saanei says these hardships allow us to lift the mandatory ruling (al-hukm al-taklifi).<ref>Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Saanei from the Perspective of Others, pp. 166-168.</ref> He is the first jurist who explicitly cited to the hardship to lift the prohibition of looking.		His fatwa on the [[Mahramiyyah of the Adopted Child]] is a prominent instance of this approach. He states on a question of mahramiyyah of a child whom someone adopted from the State Welfare Organization and whose age has passed the breastfeeding (ridha') period: we can not rely on the common religious ways (breastfeeding or marriage contract) in these cases, but there is no prohibition for looking given that caring for helpless children is a recommended and desirable act (birr and ihsan) leading to otherworldly reward and happiness in both worlds, and hardships and difficulties results from being non-mahram after the child's puberty (such as the problem of informing the child about his/her real parents, the spiritual suffering from childlessness, and the disruption of normal life). Citing the principle that "Islam is a religion of ease and facility," Saanei says these hardships allow us to lift the mandatory ruling (al-hukm al-taklifi).<ref>Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Saanei from the Perspective of Others, pp. 166-168.</ref> He is the first jurist who explicitly cited to the hardship to lift the prohibition of looking.

Sayyid Mostafa Mohaghegh Damad

M.zandi — Sun, 21 Jun 2026 13:50:09 GMT

Yousef Saanei

M.zandi — Fri, 19 Jun 2026 14:20:21 GMT

Critics and Opponents

← Older revision		Revision as of 19:05, 27 June 2026
(3 intermediate revisions by the same user not shown)
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	* The theory of separation between political caliphate and religious imamate in the Islamic system		* The theory of separation between political caliphate and religious imamate in the Islamic system
	* Fiqhi study of the dowry (Mahriyyeh) based on the current rate and the possibility of its installment		* Fiqhi study of the dowry (Mahriyyeh) based on the current rate and the possibility of its installment
	* Revision of the requirement of religious and denominational compatibility in the marriage contract		* Revision to the requirement of religious and denominational compatibility in the marriage contract
	* Rational and humanistic study of severe punishments with a focus on the ruling of stoning (Rajm)		* Rational and humanistic study of severe punishments with a focus on the ruling of stoning (Rajm)
	* Fiqhi investigation into the possibility of Qisas (retaliation) of a man ~~for~~ a woman in criminal Fiqh		* Fiqhi investigation into the possibility of Qisas (retaliation) of a man against a woman in criminal Fiqh
	* Analysis of the governmental and judicial nature of a woman's Diyyah (blood money) in Fiqh		* Analysis of the governmental and judicial nature of a woman's Diyyah (blood money) in Fiqh
	* Evaluation of the customary (Urfi) nature of pyramid schemes, chess, hoarding, Riba (usury), and bribery		* Evaluation of the customary (Urfi) nature of pyramid schemes, chess, hoarding, Riba (usury), and bribery
	* Emphasis on the ~~pre-Fiqhi~~ principles of justice and human dignity in ~~the rereading of~~ Fiqh		* Emphasis on the principles of justice and human dignity as pre-Fiqhi ones in reviewing Fiqh
	* ~~Rereading~~ the Fiqh of international relations with a focus on war, peace, and human rights		* Reviewing the Fiqh of international relations with a focus on war, peace, and human rights

	== Scientific Biography ==		== Scientific Biography ==
	Sayyid Mostafa Mohaghegh Damad (born 1324 SH, Qom) is a Faqih, jurist, and professor of Hawza and university. He is the son of [[Sayyid Mohammad Mohaghegh Damad]] and the maternal grandson of [[Sheikh Abdul-Karim Ha'eri Yazdi]], the ~~founder~~ of the [[Qom Seminary]]. He ~~completed his~~ seminary ~~studies~~ under teachers such as [[Morteza Motahhari]], [[Sayyid Mohammad Hosseini Beheshti]], [[Hossein-Ali Montazeri]], [[Sayyid Mohammad-Reza Golpayegani]], and [[Mirza Hashem Amoli]], ~~attaining~~ the ~~level~~ of Ijtihad in 1348 SH.		Sayyid Mostafa Mohaghegh Damad (born 1324 SH, Qom) is a Faqih, jurist, and professor in Hawza and university. He is the son of [[Sayyid Mohammad Mohaghegh Damad]] and the maternal grandson of [[Sheikh Abdul-Karim Ha'eri Yazdi]], the constituent of the [[Qom Seminary]]. He studied seminary education under teachers such as [[Morteza Motahhari]], [[Sayyid Mohammad Hosseini Beheshti]], [[Hossein-Ali Montazeri]], [[Sayyid Mohammad-Reza Golpayegani]], and [[Mirza Hashem Amoli]], and achieved the degree of Ijtihad in 1348 SH/1970 AD.

	Simultaneously with his seminary ~~studies~~, he studied Philosophy and Islamic Law at the University of Tehran, obtaining a Master's degree in both fields. ~~He then~~ moved to the Université catholique de Louvain in Belgium to ~~continue his studies in~~ Public International Law, receiving his PhD in 1995 ~~with a dissertation on the~~ protection of individuals during war from the perspective of ~~International Law~~ and Islamic ~~Fiqh~~.		Simultaneously with his seminary education, he studied Philosophy and Islamic Law at the University of Tehran, obtaining a Master's degree in both fields. Then he moved to the Université catholique de Louvain in Belgium to study Public International Law, receiving his PhD in 1995; his doctoral thesis was about protection of individuals during war from the perspective of international law and Islamic jurisprudence.

	Mohaghegh Damad served for many years as the head of the Law Department at Shahid Beheshti University and the Department of Islamic Studies at the Academy of Sciences of Iran. He ~~has~~ authored numerous works in ~~the field of~~ Fiqh and Islamic Law and ~~has~~ played an effective role in ~~drafting~~ academic legal texts. He ~~has~~ also held scientific and executive responsibilities in the General Inspection Office, the Scientific Council of ~~the~~ Center for the Great Islamic Encyclopedia, and the Dr. Mahmoud Afshar Foundation.		Mohaghegh Damad served for many years as the head of the Law Department at Shahid Beheshti University and the Department of Islamic Studies at the Academy of Sciences of the Islamic Republic of Iran. He authored numerous works in Fiqh and Islamic Law and played an effective role in composing academic legal texts. He also held scientific and executive responsibilities in the General Inspection Office, the Scientific Council of Center for the Great Islamic Encyclopedia, and the Dr. Mahmoud Afshar Foundation.

	=== Fiqhi and Legal Works and Publications ===		=== Fiqhi and Legal Works and Publications ===
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	\| category of the works on the subject =		\| category of the works on the subject =
	}}		}}
	In addition to various speeches and articles, Mohaghegh Damad has ~~several~~ books in ~~the field of~~ Fiqh and Islamic Law, including: 1. [[Medical Fiqh (Book)\|Medical Fiqh]] 2. [[Theology ~~of the Environment~~ (Book)\|Theology of the Environment]] 3. [[Fiqhi Study of Family Law (Book)\|Fiqhi Study of Family Law]] 4. [[~~The Methodological~~ School of ~~Akhund Khorasani~~ (Book)\|~~The Methodological~~ School of ~~Akhund Khorasani~~]] 5. [[Argumentative Comparative Criminal Fiqh]] 6. [[General Theory of ~~the~~ Negation of Hardship in Islamic Law (Book)\|General Theory of ~~the~~ Negation of Hardship in Islamic Law]] 7. [[Illicit Acquisition of Wealth in Islamic Law (Book)\|Illicit Acquisition of Wealth in Islamic Law]] 8. [[International Humanitarian Law; An Islamic Approach (Book)\|International Humanitarian Law; An Islamic Approach]] 9. [[Fiqhi ~~Rereading~~ of Enjoining Good, Forbidding Evil, and Implementation of Hudud (Book)\|Fiqhi ~~Rereading~~ of Enjoining Good, Forbidding Evil, and Implementation of Hudud]]		In addition to various speeches and articles, Mohaghegh Damad has plenty of books in Fiqh and Islamic Law, including: 1. [[Medical Fiqh (Book)\|Medical Fiqh]] 2. [[Environmental Theology (Book)\|Theology of the Environment]] 3. [[Fiqhi Study of Family Law (Book)\|Fiqhi Study of Family Law]] 4. [[Akhund Khurasani's School of Jurisprudence (Book)\|Akhund Khurasani's School of Jurisprudence]] 5. [[Argumentative Comparative Criminal Fiqh (Book)\|Argumentative Comparative Criminal Fiqh]] 6. [[General Theory of Negation of Hardship in Islamic Law (Book)\|General Theory of Negation of Hardship in Islamic Law]] 7. [[Illicit Acquisition of Wealth in Islamic Law (Book)\|Illicit Acquisition of Wealth in Islamic Law]] 8. [[International Humanitarian Law; An Islamic Approach (Book)\|International Humanitarian Law; An Islamic Approach]] 9. [[Fiqhi Reviewing of Enjoining Good and Forbidding Evil, and Implementation of Hudud (Book)\|Fiqhi Reviewing of Enjoining Good and Forbidding Evil, and Implementation of Hudud]]

	In these works, Mohaghegh Damad ~~has presented~~ novel views in the fields of Fiqh, Usul, and their ~~application to~~ law.		In these works, Mohaghegh Damad presents novel views in the fields of Fiqh, Usul, and their comparative studies with law.

	== The Necessity of ~~Rereading~~ Fiqh and Usul and Reconsidering Ijtihad ==		== The Necessity of Reviewing Fiqh and Usul, and Reconsidering Ijtihad ==
	According to Mohaghegh Damad, Ijtihad, as a rational process of deducing rulings, is inherently fallible; because it is based on human understanding of religious sources, and human understanding, however precise and systematic, is ~~not immune to error~~. This fallibility in Ijtihad is not a defect, but rather ~~a sign~~ of ~~dynamism~~ and the capability ~~for~~ reform ~~within Fiqh~~.<ref>Mohaghegh Damad, "Fallibility in Ijtihad," pp. 313–324.</ref>		According to Mohaghegh Damad, Ijtihad, as a rational process of deducing rulings, is inherently fallible; because it is based on human understanding of religious sources, and human understanding is not immune to error however precise and systematic it is. This fallibility in Ijtihad is not a defect, but rather indicates the dynamism of Fiqh and the capability to reform it.<ref>Mohaghegh Damad, "Fallibility in Ijtihad," pp. 313–324.</ref>

	Emphasizing the necessity of rethinking Fiqh foundations, Mohaghegh Damad presents a rationalist and transformative perspective on Ijtihad. He considers the [[Philosophy of Fiqh]] as a tool for a deeper understanding of the epistemological structures of Fiqh and emphasizes the [[Role of time and space in Ijtihad\|role of time and space in the transformation of rulings]] and the necessity of attending to the [[Maqasid al-Shari'ah]] (Objectives ~~of Shari'ah~~). In his view, Ijtihad ~~must transcend~~ traditional frameworks and ~~respond~~ to the ~~modern~~ needs of society ~~by utilizing philosophical and rational methods~~.<ref>Mohaghegh Damad et al., "Philosophy of Fiqh," pp. 11–121; "The Role of the Element of Time and Space in Shi'ite Ijtihad," pp. 46–55.</ref>		Emphasizing the necessity of rethinking Fiqh foundations, Mohaghegh Damad presents a rationalist and transformative perspective on Ijtihad. He considers the [[Philosophy of Fiqh]] as a tool for a deeper understanding of the epistemological structures of Fiqh and emphasizes the [[Role of time and space in Ijtihad\|role of time and space in the transformation of rulings]] and the necessity of attending to the [[Maqasid al-Shari'ah]] (Sharia Objectives). In his view, Ijtihad should be gone beyond traditional frameworks to include philosophical and rational methods to meet the new needs of society.<ref>Mohaghegh Damad et al., "Philosophy of Fiqh," pp. 11–121; "The Role of the Element of Time and Space in Shi'ite Ijtihad," pp. 46–55.</ref>

	According to Mohaghegh Damad, the finality of prophethood (Khatamiyyah), meaning the end of the line of prophets, is accepted ~~from a religious and rational perspective~~; however, the endurance of ~~Shari'ah~~, meaning the continued validity of Islamic laws and rulings until the Day of Judgment, is a different ~~subject~~ requiring independent reasoning and a separate ~~foundation~~. This endurance cannot be considered merely a direct result of the finality of prophethood, as these two institutions have independent natures. According to him, if the endurance of Shari'ah is understood as the absolute stability of laws, it seems inconsistent with historical changes and social transformation; the solution to this conflict lies in the institution of Ijtihad—an Ijtihad that is a scientific effort to deduce Shari'ah rulings based on religious sources while considering the conditions of time and space.<ref>Mohaghegh Damad, "Challenges of Fiqhi Criminal Legislation."</ref>		According to Mohaghegh Damad, the finality of prophethood (Khatamiyyah), meaning the end of the line of prophets, is religiously and rationally accepted; however, the endurance of Sharia, meaning the continued validity of Islamic laws and rulings until the Day of Judgment, is a different matter requiring independent reasoning and a separate basis. This endurance cannot be considered merely a direct result of the finality of prophethood, as these two institutions have independent natures. According to him, if the endurance of Shari'ah is understood as the absolute stability of laws, it seems inconsistent with historical changes and social transformation; the solution to this conflict lies in the institution of Ijtihad—an Ijtihad that is a scientific effort to deduce Shari'ah rulings based on religious sources while considering the conditions of time and space.<ref>Mohaghegh Damad, "Challenges of Fiqhi Criminal Legislation."</ref>

	== Suspension of Hudud in the Age of Occultation ==		== Suspension of Hudud in the Age of Occultation ==

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	*Abstract		*Abstract
	'''Sayyid Mostafa Mohaghegh Damad''' (born 1324 SH) is a Faqih, jurist, and professor of Hawza and university. After completing ~~the stages of~~ Ijtihad in the Qom Seminary, he continued his academic studies in Philosophy and Islamic Law at the University of Tehran and ~~subsequently~~ received his ~~PhD~~ in Public International Law from the Université catholique de Louvain. He has ~~published~~ numerous works, including books, articles, and interviews in the field of Applied Fiqh and Islamic Law, striving to bridge the gap between Fiqh and legal, medical, environmental, and social issues. Among his prominent works are the books Qawa'id ~~al-~~Fiqh, [[Medical Fiqh (Book)\|Medical Fiqh]], [[Theology of the Environment (Book)\|Theology of the Environment]], and [[Fiqhi ~~Rereading~~ of Enjoining Good, Forbidding Evil, and Implementation of Hudud (Book)\|Fiqhi ~~Rereading~~ of Enjoining Good, Forbidding Evil, and Implementation of Hudud]].		'''Sayyid Mostafa Mohaghegh Damad''' (born 1324 SH/1945 AD) is a Faqih, jurist, and professor in Hawza and university. After completing his studies leading to Ijtihad in the Qom Seminary, he continued his academic studies in Philosophy and Islamic Law at the University of Tehran and eventually received his Ph.D in Public International Law from the Université catholique de Louvain. He has numerous works, including books, articles, and interviews in the field of Applied Fiqh and Islamic Law, striving to bridge the gap between Fiqh and legal, medical, environmental, and social issues. Among his prominent works are the books Qawa'id Fiqh, [[Medical Fiqh (Book)\|Medical Fiqh]], [[Theology of the Environment (Book)\|Theology of the Environment]], and [[Fiqhi Reviewing of Enjoining Good and Forbidding Evil, and Implementation of Hudud (Book)\|Fiqhi Reviewing of Enjoining Good and Forbidding Evil, and Implementation of Hudud]].

	~~In these works, while analyzing~~ the traditional views of jurists on public and criminal issues, Mohaghegh Damad ~~has also presented~~ his innovative and personal opinions, ~~which include~~:		Analyzing the traditional views of jurists on public and criminal issues, Mohaghegh Damad presents his innovative and personal opinions in these works, including:

	* Revision of Ijtihad with emphasis on the role of time and space		* Revision to Ijtihad, with emphasis on the role of time and space
	* Suspension of Hudud in the Age of Occultation based on the absence of Infallible governance		* Suspension of Hudud in the Age of Occultation of Imam al-Mahdi based on the absence of Infallible governance
	* The theory of separation between political caliphate and religious imamate in the Islamic system		* The theory of separation between political caliphate and religious imamate in the Islamic system
	* Fiqhi study of the ~~subject of~~ dowry (Mahriyyeh) based on the current rate and the possibility of its installment		* Fiqhi study of the dowry (Mahriyyeh) based on the current rate and the possibility of its installment
	* Revision of the requirement of religious and denominational compatibility in the marriage contract		* Revision of the requirement of religious and denominational compatibility in the marriage contract
	* Rational and humanistic study of severe punishments with a focus on the ruling of stoning (Rajm)		* Rational and humanistic study of severe punishments with a focus on the ruling of stoning (Rajm)
	* Fiqhi investigation into the possibility of Qisas (retaliation) of a man for a woman in criminal Fiqh		* Fiqhi investigation into the possibility of Qisas (retaliation) of a man for a woman in criminal Fiqh
	* Analysis of the governmental and judicial nature of a woman's Diyyah (blood money) in ~~the Fiqhi system~~		* Analysis of the governmental and judicial nature of a woman's Diyyah (blood money) in Fiqh
	* Evaluation of the customary (Urfi) nature of pyramid schemes, chess, hoarding, Riba (usury), and bribery		* Evaluation of the customary (Urfi) nature of pyramid schemes, chess, hoarding, Riba (usury), and bribery
	* Emphasis on the pre-Fiqhi principles of justice and human dignity in the rereading of Fiqh		* Emphasis on the pre-Fiqhi principles of justice and human dignity in the rereading of Fiqh

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	According to Saanei, the dynamism of Fiqh is tied to the "revision of evidence"; this revision does not mean changing or discarding evidence or imposing external beliefs upon it, but rather asking new questions about the texts and analyzing them for properly answers. This process is dealt with the common rules of Usul al-Fiqh and does not necessarily lead to innovation (Ijtihad) in Usul; rather, it could be inferred different fatwas from the branches (Furu') in a new inferential process, relied on the same common methodology. For example, in the issue of the [[Puberty of Girls]], the revision of evidence led him to maintain 13 years of age as an independent criterion for puberty.		According to Saanei, the dynamism of Fiqh is tied to the "revision of evidence"; this revision does not mean changing or discarding evidence or imposing external beliefs upon it, but rather asking new questions about the texts and analyzing them for properly answers. This process is dealt with the common rules of Usul al-Fiqh and does not necessarily lead to innovation (Ijtihad) in Usul; rather, it could be inferred different fatwas from the branches (Furu') in a new inferential process, relied on the same common methodology. For example, in the issue of the [[Puberty of Girls]], the revision of evidence led him to maintain 13 years of age as an independent criterion for puberty.

	Saanei divides hadiths indicating the puberty of girls at the age of 9 into three categories: 1. Hadiths referring to 9 ~~years~~ without any condition, 2. Hadiths paired with other things such as menstruation, and 3. Hadiths explicitly specify the age of 9 because that's when they start menstruating: "Because when a girl reaches nine years, she menstruates."<ref>Kulayni, Al-Kafi, vol. 7, p. 69.</ref> Saanei infers from this set that the age of 9 is a "pointing title" (unwan mushir) and lacks inherent subject-matter significance; because the first category of hadiths is restricted by the second and third categories; so based on the third category, the relevant matter and the cause of puberty is menstruation. Therefore, if a 9-year-old girl does not menstruate, she is not considered mature (baligh). Relying on a reliable (muwaththaq) hadith, he considers 13 years as another independent indicator for puberty.<ref>Sa'anei, Puberty of Girls, pp. 11-43.</ref>		Saanei divides hadiths indicating the puberty of girls at the age of 9 into three categories: 1. Hadiths referring to age 9 without any condition, 2. Hadiths paired with other things such as menstruation, and 3. Hadiths explicitly specify the age of 9 because that's when they start menstruating: "Because when a girl reaches nine years, she menstruates."<ref>Kulayni, Al-Kafi, vol. 7, p. 69.</ref> Saanei infers from this set that the age of 9 is a "pointing title" (unwan mushir) and lacks inherent subject-matter significance; because the first category of hadiths is restricted by the second and third categories; so based on the third category, the relevant matter and the cause of puberty is menstruation. Therefore, if a 9-year-old girl does not menstruate, she is not considered mature (baligh). Relying on a reliable (muwaththaq) hadith, he considers 13 years as another independent indicator for puberty.<ref>Sa'anei, Puberty of Girls, pp. 11-43.</ref>

	In support of this view, some contemporary writers also believe that the hadiths related to puberty (indicating different ages of 9, 10, and 13) were issued from the Infallible's statue for subdivision of rules (tafri')—exemplification of a general rule— rather than the statue for legislation (tashri'); since the main criterion is menstruation and the specific age (like 9) was an instance suited to the conditions of the time of issuance and in Fiqh it can not be cited to unconditionally.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref>		In support of this view, some contemporary writers also believe that the hadiths related to puberty (indicating different ages of 9, 10, and 13) were issued from the Infallible's statue for subdivision of rules (tafri')—exemplification of a general rule— rather than the statue for legislation (tashri'); since the main criterion is menstruation and the specific age (like 9) was an instance suited to the conditions of the time of issuance and in Fiqh it can not be cited to unconditionally.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref>
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	=== Principle of No-Hardship (Nafi al-Haraj) ===		=== Principle of No-Hardship (Nafi al-Haraj) ===
	Another widely used rule in Yousef Saanei's jurisprudence is the [[Principle of No-Hardship (Nafi al-Haraj)]]. From his perspective, this rule is a definitive ruling, but the crucial matter is its extent. Sharia is based on the negation of difficulty and hardship (usr wa haraj). "Hardship" (haraj) is a customary concept without a seperate religious definition and its instances is identified customarily. The principle of ease and facilitation in religion is a governing criterion (a general principle) and can even be cited as a preference-criterion (murajjih) in the conflict of hadiths.<ref>~~Sa'anei~~, An Approach to Women's Rights, p. 205.</ref>		Another widely used rule in Yousef Saanei's jurisprudence is the [[Principle of No-Hardship (Nafi al-Haraj)]]. From his perspective, this rule is a definitive ruling, but the crucial matter is its extent. Sharia is based on the negation of difficulty and hardship (usr wa haraj). "Hardship" (haraj) is a customary concept without a seperate religious definition and its instances is identified customarily. The principle of ease and facilitation in religion is a governing criterion (a general principle) and can even be cited as a preference-criterion (murajjih) in the conflict of hadiths.<ref>Saanei, An Approach to Women's Rights, p. 205.</ref>

	His fatwa on the [[Mahramiyyah of the Adopted Child]] is a ~~clear example~~ of this approach. ~~In response to~~ a question ~~about making~~ a child ~~mahram who was taken~~ from ~~welfare services~~ and whose age has passed the ~~nursing~~ (~~radha~~') period~~, he states~~: the ~~customary~~ religious ways (~~nursing~~ or marriage contract) ~~are not possible~~ in these cases~~; however~~, given that caring for helpless children is a recommended and desirable act (birr and ihsan) leading to "otherworldly reward and happiness in both worlds,~~" the hardship~~ and ~~difficulty resulting~~ from being non-mahram after the child's puberty (such as the problem of informing the child about ~~the~~ real parents, the spiritual suffering from childlessness, and the disruption of normal life~~) removes the prohibition of looking (nazar~~). Citing the principle that "Islam is a religion of ease and facility," ~~he considers such hardship a justification for removing~~ the ~~prohibitory~~ ruling (hukm taklifi).<ref>Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah ~~Sa'anei~~ from the Perspective of Others, pp. 166-168.</ref> ~~Prior to him, no~~ jurist ~~had so~~ explicitly ~~removed~~ the prohibition of looking ~~based on hardship~~.		His fatwa on the [[Mahramiyyah of the Adopted Child]] is a prominent instance of this approach. He states on a question of mahramiyyah of a child whom someone adopted from the State Welfare Organization and whose age has passed the breastfeeding (ridha') period: we can not rely on the common religious ways (breastfeeding or marriage contract) in these cases, but there is no prohibition for looking given that caring for helpless children is a recommended and desirable act (birr and ihsan) leading to otherworldly reward and happiness in both worlds, and hardships and difficulties results from being non-mahram after the child's puberty (such as the problem of informing the child about his/her real parents, the spiritual suffering from childlessness, and the disruption of normal life). Citing the principle that "Islam is a religion of ease and facility," Saanei says these hardships allow us to lift the mandatory ruling (al-hukm al-taklifi).<ref>Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Saanei from the Perspective of Others, pp. 166-168.</ref> He is the first jurist who explicitly cited to the hardship to lift the prohibition of looking.

	== Critics and Opponents ==		== Critics and Opponents ==
	~~The~~ specific ~~jurisprudential~~ fatwas of Yousef Saanei ~~have drawn widespread criticism~~. The Society of Seminary Teachers of Qom~~, following~~ a question regarding his ~~Marja'iyyah, wrote~~: "~~The Society of Seminary Teachers of Qom,~~ based on investigations conducted over the past year and ~~after~~ numerous ~~meetings~~, has ~~reached the conclusion~~ that he lacks the necessary criteria ~~for occupying the position of Marja'iyyah~~."<ref>[https://jameehmodarresin.org/1139/849/ “Opinion of the Society of Seminary Teachers of Qom regarding the Marja'iyyah of Mr. Hajj Shaykh Yousef Saanei”], Society of Seminary Teachers of Qom.</ref> At the same time, the Farda website claimed it had inquired about the opinions of other ~~Maraja~~' offices ~~regarding~~ Yousef Saanei's Marja'iyyah~~; in this regard~~, the office of the Supreme Leader ~~reminded of the need to refer~~ to one of the ~~Maraja' without an explicit answer, while~~ other ~~Maraja' offices did not consider the issuance of this statement sufficient to disqualify him from Marja~~'~~iyyah~~.<ref>Opinions of the Maraja' Offices regarding the followers of Ayatollah Sa'anei, Khabar Online.</ref> The Assembly of Teachers and Researchers of the Qom Seminary also issued a statement expressing regret over this action.<ref>[http://majmaqom.ir/بیانیه-ها-و-اطلاعیه-ها/99 “Number 99: The Status of Marja'iyyah in the Seminaries”], Website of the Assembly of Teachers and Researchers of the Qom Seminary.</ref>		There has been widespread criticism of the specific fatwas of Yousef Saanei. The Society of Seminary Teachers of Qom stated in response to a question regarding his religious authority: "based on investigations conducted over the past year and numerous sessions, The Society of Seminary Teachers of Qom has concluded that he lacks the necessary criteria to be a religious authority."<ref>[https://jameehmodarresin.org/1139/849/ “Opinion of the Society of Seminary Teachers of Qom regarding the Marja'iyyah of Mr. Hajj Shaykh Yousef Saanei”], Society of Seminary Teachers of Qom.</ref> At the same time, the Farda website claimed that they had inquired about the opinions of other Maraji' offices about Marja'iyyah of Yousef Saanei, and none of them considered this statement sufficient to disqualify him from Marja'iyyah, and the office of the Supreme Leader had not answered explicitly and had refered to one of the other Maraji'.<ref>Opinions of the Maraja' Offices regarding the followers of Ayatollah Sa'anei, Khabar Online.</ref> The Assembly of Teachers and Researchers of the Qom Seminary also issued a statement expressing regret over this action.<ref>[http://majmaqom.ir/بیانیه-ها-و-اطلاعیه-ها/99 “Number 99: The Status of Marja'iyyah in the Seminaries”], Website of the Assembly of Teachers and Researchers of the Qom Seminary.</ref>

	~~Books~~ and articles have been written in criticism of Yousef Saanei's jurisprudential views, including:		Some books and articles have been written in criticism of Yousef Saanei's jurisprudential views, including:

	"Guarding Jurisprudence; A Critique of Ayatollah ~~Sa'anei~~'s Jurisprudential Views," by Husayn Hashemian, Ali-Asghar Hematian Sadrollahi Damghani, and Mahmoud Moqaddami, Tehran, Vosough, 1387 SH.		* "Guarding Jurisprudence; A Critique of Ayatollah Saanei's Jurisprudential Views," by Husayn Hashemian, Ali-Asghar Hematian Sadrollahi Damghani, and Mahmoud Moqaddami, Tehran, Vosough, 1387 SH.
	"~~Rereading~~ the Jurisprudential and Political Views of Ayatollah ~~Sa'anei~~," by Omid Hosseini, Tehran, ~~Center for~~ Islamic Revolution Document Center, 1392 SH.		* "Reviewing the Jurisprudential and Political Views of Ayatollah Saanei," by Omid Hosseini, Tehran, Islamic Revolution Document Center, 1392 SH.
	"Defense of Islamic Fiqh and Politics," by Sayyid Muhammad Baqir Hasheminia, Tehran, Vosough, 1386 SH.		* "Defense of Islamic Fiqh and Politics," by Sayyid Muhammad Baqir Hasheminia, Tehran, Vosough, 1386 SH.
	"~~Examination and Critique~~ of ~~the Evidence for~~ Ayatollah ~~Sa'anei~~'s ~~Theory~~ on the ~~Equality~~ of ~~Diya for Muslim Men~~ and ~~Women~~," Contemporary Comparative ~~Law~~ Studies, by Muhammad ~~Ibrahim-Nezhad~~, No. 7, 1395 SH.		* "The Review of Ayatollah Sanei's Opinion on the Blood Money of Moslem man and Woman," Contemporary Comparative Legal Studies, by Muhammad Ibrahimnezhad, Vo. 7, No. 12, 1395 SH.
	"Critique and Review: Contemporary Jurisprudential Innovations according to Jurisprudential and Ijtihadi Standards," by Mahdi Nikouei, Tehran, Athar-e Amin, 1385 SH.		* "Critique and Review: Contemporary Jurisprudential Innovations according to Jurisprudential and Ijtihadi Standards," by Mahdi Nikouei, Tehran, Athar-e Amin, 1385 SH.
	"~~Critique~~ of ~~Productive Riba~~," Ahl al-Bayt (AS) Fiqh Journal, by Reza Mohammadi Karaji, No. 58-59, 1388 SH.		* "Criticism of Usury for Production," Ahl al-Bayt (AS) Fiqh Journal, by Reza Mohammadi Karaji, No. 58-59, 1388 SH.

	Some of the criticisms of ~~Sa'anei~~ focus on his jurisprudential foundations and, in fact, reject ~~them in terms of~~ the major premise ~~(kubra)~~; such as the critiques ~~aimed~~ at the Principle of Justice.<ref>Ali-Akbarian, The Principle of Justice in Imami Fiqh, pp. 60-73.</ref> Other criticisms relate to the application of ~~jurisprudential subjects to~~ the aforementioned principles and are ~~raised in terms of~~ the minor premise ~~(sughra)~~; such as the criticism regarding the Mahramiyyah of adopted children, where ~~the existence of hardship in this issue was~~ not accepted.<ref>Shariati-Nasab, Mahramiyyah in Adoption, pp. 241-242.</ref>		Some of the criticisms of Saanei focus on his jurisprudential foundations and, in fact, reject the major premise of his arguments; such as the critiques directed at the Principle of Justice.<ref>Ali-Akbarian, The Principle of Justice in Imami Fiqh, pp. 60-73.</ref> Other criticisms relate to the application of the aforementioned principles to jurisprudential subjects and are about the minor premise of the arguments; such as the criticism regarding the Mahramiyyah of adopted children, where it is not accepted to cause a hardship.<ref>Shariati-Nasab, Mahramiyyah in Adoption, pp. 241-242.</ref>

	Despite the critiques and opposition to ~~Sa'anei~~'s jurisprudential opinions, some of his critics maintain that his jurisprudential views cannot be called heresy (bid'ah); because not every innovation is bid'ah, and ~~the condition for calling~~ a view ~~bid'ah~~ is ~~that~~, firstly, it ~~must be~~ presented as a part of religion, and secondly, no specific or general proof can be ~~established~~ for it ~~from valid religious sources~~.<ref>Turayhi, Majma' al-Bahrayn, vol. 4, pp. 298-299; Raghib, Mufradat Alfadh al-Quran, p. 111.</ref>		Despite the critiques and opposition to Saanei's jurisprudential opinions, some of his critics maintain that his jurisprudential views cannot be called heresy (bid'ah); because not every innovation is bid'ah, and a view is considered heresy if, firstly, it is presented as a part of religion, and secondly, no specific or general proof, based on valid religious sources, can be provided for it.<ref>Turayhi, Majma' al-Bahrayn, vol. 4, pp. 298-299; Raghib, Mufradat Alfadh al-Quran, p. 111.</ref>

	== Footnotes ==		== Footnotes ==