Enadmin at 21:14, 24 March 2026

2026-03-24T21:14:51Z

← Older revision		Revision as of 21:14, 24 March 2026
Line 54:		Line 54:
	=== Fiqhi and Legal Works and Publications ===		=== Fiqhi and Legal Works and Publications ===
	{{other works		{{other works
	\| author's category = Sayyid Mostafa Mohaghegh Damad		\| author's category = Books by Sayyid Mostafa Mohaghegh Damad
	\| research sources =		\| research sources =
	\| category of the works on the subject =		\| category of the works on the subject =

Enadmin at 21:12, 24 March 2026

2026-03-24T21:12:50Z

← Older revision		Revision as of 21:12, 24 March 2026
Line 53:		Line 53:

	=== Fiqhi and Legal Works and Publications ===		=== Fiqhi and Legal Works and Publications ===
	{{~~Other books~~		{{other works
	\| ~~author_category~~ = ~~Books of~~ Sayyid Mostafa Mohaghegh Damad		\| author's category = Sayyid Mostafa Mohaghegh Damad
	\| ~~study_resources~~ =		\| research sources =
	\| ~~subject_category~~ =		\| 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 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]]

Enadmin at 20:52, 24 March 2026

2026-03-24T20:52:44Z

← Older revision		Revision as of 20:52, 24 March 2026
Line 33:		Line 33:
	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:		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:

	Revision of Ijtihad with emphasis on the role of time and space		* Revision of 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 based on the absence of Infallible governance		* 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
	The theory of separation between political caliphate and religious imamate in the Islamic system		* 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)
	Fiqhi study of the subject of dowry (Mahriyyeh) based on the current rate and the possibility of its installment		* 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
	Revision of the requirement of religious and denominational compatibility in the marriage contract		* 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
	Rational and humanistic study of severe punishments with a focus on the ruling of stoning (Rajm)		* Rereading the Fiqh of international relations with a focus on war, peace, and human rights

	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

	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

	Rereading the Fiqh of international relations with a focus on war, peace, and human rights

	== Scientific Biography ==		== Scientific Biography ==
Line 84:		Line 74:
	In examining the status of implemented Hudud in the Age of Occultation, Mohaghegh Damad presents two main states from a Fiqhi perspective:		In examining the status of implemented Hudud in the Age of Occultation, Mohaghegh Damad presents two main states from a Fiqhi perspective:

	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 a 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: Mohaghegh Damad presents three main views regarding this:~~		# Cessation (Tawaqquf) in the implementation of Hudud, due to the absence of a specific appointment 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.
	Cessation (Tawaqquf) in the implementation of Hudud, due to the absence of a specific appointment in the Age of Occultation.		# Opposition to the implementation of Hudud by a Faqih, along with mentioning arguments of critique and refutation.
	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.
	Opposition to the implementation of Hudud by a Faqih, along with mentioning arguments of critique and refutation.

	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>		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>
Line 100:		Line 89:
	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 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:

	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 with the established principle		* Utilizing the rules of Usul al-Fiqh as the axis of deduction
			* Using philosophical discussions to clarify the point of contention and reach a conclusion
	Utilizing the rules of Usul al-Fiqh as the axis of deduction		* Technical, concise writing that requires 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>
	Using philosophical discussions to clarify the point of contention and reach a conclusion

	Technical, concise writing that requires 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>

	=== 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 ===
Line 121:		Line 105:
	Mohaghegh Damad examines the nature of therapeutic contracts considering the characteristics of being binding (lazim), compensatory (mu'awwadi), and consensual (radayi), within the framework of three types of Fiqhi contracts:		Mohaghegh Damad examines the nature of therapeutic contracts considering the characteristics of being binding (lazim), compensatory (mu'awwadi), and consensual (radayi), within the framework of three types of Fiqhi contracts:

	Hiring of persons (Ijarah al-Ashkhas): Mohaghegh Damad points to seven flaws in applying therapeutic contracts to the contract of hire; including that the physician (employee) is not subject to the orders of the patient (employer), whereas in a contract of hire, such subordination is a prerequisite.		* Hiring of persons (Ijarah al-Ashkhas): Mohaghegh Damad points to seven flaws in applying therapeutic contracts to the contract of hire; including that the physician (employee) is not subject to the orders of the patient (employer), whereas in a contract of hire, such subordination is a prerequisite.
			* Reward (Ju'alah): In this type of contract, the patient is committed to paying a fee and the physician is obligated to take medical action. However, one of the problems with this format is that the payment of the fee is contingent upon the realization of the result, whereas in treatment, the realization of the result is not certain.
	Reward (Ju'alah): In this type of contract, the patient is committed to paying a fee and the physician is obligated to take medical action. However, one of the problems with this format is that the payment of the fee is contingent upon the realization of the result, whereas in treatment, the realization of the result is not certain.		* Independent or unspecified contract: These types of contracts, which had no precedent during the time of the Legislator (Shari'), are acceptable if they do not conflict with Fiqhi principles. Citing the principle of freedom of contract (Article 10 of the Civil Code of Iran), Mohaghegh Damad considers the medical contract to be an independent, special contract with its own mechanism that has Fiqhi and legal legitimacy.<ref>Mohaghegh Damad, Medical Fiqh, pp. 127–137.</ref>

	Independent or unspecified contract: These types of contracts, which had no precedent during the time of the Legislator (Shari'), are acceptable if they do not conflict with Fiqhi principles. Citing the principle of freedom of contract (Article 10 of the Civil Code of Iran), Mohaghegh Damad considers the medical contract to be an independent, special contract with its own mechanism that has Fiqhi and legal legitimacy.<ref>Mohaghegh Damad, Medical Fiqh, pp. 127–137.</ref>

	== Fiqh of the Environment ==		== Fiqh of the Environment ==

Enadmin: Created page with "{{author |author = Mahdi Khosravi Sereshki |author2 = |author3 = |compilation = |editor1 = |editor2 = |editor3 = }} {{Infobox person | reputation = Dr. Mohaghegh Damad | name = Sayyid Mostafa Mohaghegh Damad | birth = 1324 SH | death = | image = Sayyid Mostafa Mohaghegh Damad.jpg | image_size = | caption = | position = Mujtahid, Jurist, and Professor of Hawza and University | religion = Shia | nationality = Iran | field_of_expertise = Law and Human Rights | works_in..."

2026-02-13T18:36:32Z

Created page with "{{author |author = Mahdi Khosravi Sereshki |author2 = |author3 = |compilation = |editor1 = |editor2 = |editor3 = }} {{Infobox person | reputation = Dr. Mohaghegh Damad | name = Sayyid Mostafa Mohaghegh Damad | birth = 1324 SH | death = | image = Sayyid Mostafa Mohaghegh Damad.jpg | image_size = | caption = | position = Mujtahid, Jurist, and Professor of Hawza and University | religion = Shia | nationality = Iran | field_of_expertise = Law and Human Rights | works_in..."

Show changes

Sayyid Mostafa Mohaghegh Damad - Revision history

Enadmin at 21:14, 24 March 2026

Enadmin at 21:12, 24 March 2026

Enadmin at 20:52, 24 March 2026