The Position of Theological Foundations in Ijtihad (book) - Revision history

Sarfipour at 08:56, 15 April 2026

2026-04-15T08:56:35Z

← Older revision		Revision as of 08:56, 15 April 2026
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	[[Category:Books on Foundations of Contemporary Fiqh]]		[[Category:Books on Foundations of Contemporary Fiqh]]
	[[Category:Books by Saeed Zia'ifar]]		[[Category:Books by Saeed Zia'ifar]]
	[[~~category~~:~~book review~~]]		[[Category:Bibliography Articles]]
	[[fa:جایگاه مبانی کلامی در اجتهاد (کتاب)]]		[[fa:جایگاه مبانی کلامی در اجتهاد (کتاب)]]

Sarfipour: /* Exclusive Divine Legislation */

2026-01-10T13:32:41Z

Exclusive Divine Legislation

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	=== Exclusive Divine Legislation ===		=== Exclusive Divine Legislation ===
	After defining law and the characteristics of divine law (such as being complete, stable, and continuous) and its difference from human law (pp. 305-314), the author refers to four views regarding the compatibility of divine and human legislation (pp. 315-344). In the author's view, the first result of the exclusivity of legislation to God becomes clear in the discussion of the [[comprehensiveness of religion]]. Some jurists believe that everything needed for the administration of society is found in religion, and therefore, there is no need for new legislation. In contrast, some believe in a [[mintaqat al-faragh]] (~~unregulated domain~~) in religion and have accepted [[customary legislation\|human legislation]] with certain criteria (pp. 344-347). The interpretation and function of the [[practice of the rational]], the role of reason in legislation, the divine origin of the legitimacy of sovereignty and governance, and the interpretation of a just and unjust government are considered other results of the exclusivity of legislation to God (pp. 348-359).		After defining law and the characteristics of divine law (such as being complete, stable, and continuous) and its difference from human law (pp. 305-314), the author refers to four views regarding the compatibility of divine and human legislation (pp. 315-344). In the author's view, the first result of the exclusivity of legislation to God becomes clear in the discussion of the [[comprehensiveness of religion]]. Some jurists believe that everything needed for the administration of society is found in religion, and therefore, there is no need for new legislation. In contrast, some believe in a [[The unlegislated zone\|mintaqat al-faragh]] (The unlegislated zone) in religion and have accepted [[customary legislation\|human legislation]] with certain criteria (pp. 344-347). The interpretation and function of the [[practice of the rational]], the role of reason in legislation, the divine origin of the legitimacy of sovereignty and governance, and the interpretation of a just and unjust government are considered other results of the exclusivity of legislation to God (pp. 348-359).

	== The Role of Discussions on Prophethood on Jurisprudential Theories ==		== The Role of Discussions on Prophethood on Jurisprudential Theories ==
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	In the eighteenth chapter, which is about the comprehensiveness and perfection of the Sharia, the difference of opinion among jurists regarding the scope of the Sharia with respect to particular rulings is reported in three views: First: the comprehensiveness of the Sharia in providing principles and generalities; Second: the view of the Usulis based on the comprehensiveness of the Sharia in details (no event is devoid of a legal ruling); and Third: the view of the Akhbaris who believe that the Quran and Sunnah have stated all commands in detail and with all their specifics, but the knowledge of it is with the infallible Imams (a). The author states the arguments for these three views and critiques the arguments of the second and third views (pp. 770-793).		In the eighteenth chapter, which is about the comprehensiveness and perfection of the Sharia, the difference of opinion among jurists regarding the scope of the Sharia with respect to particular rulings is reported in three views: First: the comprehensiveness of the Sharia in providing principles and generalities; Second: the view of the Usulis based on the comprehensiveness of the Sharia in details (no event is devoid of a legal ruling); and Third: the view of the Akhbaris who believe that the Quran and Sunnah have stated all commands in detail and with all their specifics, but the knowledge of it is with the infallible Imams (a). The author states the arguments for these three views and critiques the arguments of the second and third views (pp. 770-793).

	The theory of the [[comprehensiveness of Sharia]] is influential in several important jurisprudential and usuli discussions. Issues such as the understanding and interpretation of religious texts, conformity with the spirit and general rules of the Book and Sunnah as a criterion in the issue of balancing and preponderating, the inclusion or non-inclusion of methods of interpretation and reasoning within the Sharia, the acceptance or rejection of a [[mintaqat al-faragh]] in social and worldly relations, the rejection or acceptance of a [[legislation\|human legislative institution]], the possibility of various interpretations of ijtihad and fallibility in it, the rejection of unenumerated interests (masalih mursala), whether all the sayings and actions of the Prophet (s) are legislative or not, and the inclusion or non-inclusion of a specific form of government and legislation within religion (pp. 794-816).		The theory of the [[comprehensiveness of Sharia]] is influential in several important jurisprudential and usuli discussions. Issues such as the understanding and interpretation of religious texts, conformity with the spirit and general rules of the Book and Sunnah as a criterion in the issue of balancing and preponderating, the inclusion or non-inclusion of methods of interpretation and reasoning within the Sharia, the acceptance or rejection of a [[The unlegislated zone\|mintaqat al-faragh]] in social and worldly relations, the rejection or acceptance of a [[legislation\|human legislative institution]], the possibility of various interpretations of ijtihad and fallibility in it, the rejection of unenumerated interests (masalih mursala), whether all the sayings and actions of the Prophet (s) are legislative or not, and the inclusion or non-inclusion of a specific form of government and legislation within religion (pp. 794-816).

	=== Eternality of Islam ===		=== Eternality of Islam ===

Sarfipour: /* Universality of Islam */

2026-01-06T19:27:02Z

Universality of Islam

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	The [[universality of Islam\|universality of the Islamic Sharia]] is the subject of the final chapter of the book. In this chapter, after stating the background, meaning, and arguments for the universality of Islam and its negation (pp. 867-880), the author states its results and implications in fiqh and usul as follows: examining the possibility of a legal ruling being supra-regional or regional in the context of reasoning; avoiding the confusion of religious teachings with the culture of the environment in the usuli issue of contextualization (insiraf), such as the claim of contextualization of the evidence for the Arabic form of the marriage contract; and examining the customs and habits of the time of the Infallibles in taking the absolute sense from the evidence (pp. 881-895).		The [[universality of Islam\|universality of the Islamic Sharia]] is the subject of the final chapter of the book. In this chapter, after stating the background, meaning, and arguments for the universality of Islam and its negation (pp. 867-880), the author states its results and implications in fiqh and usul as follows: examining the possibility of a legal ruling being supra-regional or regional in the context of reasoning; avoiding the confusion of religious teachings with the culture of the environment in the usuli issue of contextualization (insiraf), such as the claim of contextualization of the evidence for the Arabic form of the marriage contract; and examining the customs and habits of the time of the Infallibles in taking the absolute sense from the evidence (pp. 881-895).

	~~[[Category:Bibliographical Articles]]~~
	[[Category:Books on Foundations of Contemporary Fiqh]]		[[Category:Books on Foundations of Contemporary Fiqh]]
	[[Category:Books by Saeed Zia'ifar]]		[[Category:Books by Saeed Zia'ifar]]
	[[category:book review]]		[[category:book review]]
	[[fa:جایگاه مبانی کلامی در اجتهاد (کتاب)]]		[[fa:جایگاه مبانی کلامی در اجتهاد (کتاب)]]

Sarfipour at 19:26, 6 January 2026

2026-01-06T19:26:39Z

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Sarfipour at 19:26, 6 January 2026

2026-01-06T19:26:10Z

← Older revision		Revision as of 19:26, 6 January 2026
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	* '''Abstract'''		* '''Abstract'''

	'''The Position of Theological Foundations in Ijtihad''' is a Persian-language book in the field of the [[Philosophy of Fiqh]] written by [[Saeed Zia'ifar]]. In this work, the author has sought to identify and examine the influential theological views on ijtihad and jurisprudential theories, showing how theological perspectives affect jurisprudential and, at times, usuli (principles of jurisprudence) theories. Its main focus is on the theological foundations accepted by the Imamiyya.		'''The Position of Theological Foundations in Ijtihad''' (in Persian: [[:fa:جایگاه_مبانی_کلامی_در_اجتهاد_(کتاب)\|جایگاه مبانی کلامی در اجتهاد]]) is a Persian-language book in the field of the [[Philosophy of Fiqh]] written by [[Saeed Zia'ifar]]. In this work, the author has sought to identify and examine the influential theological views on ijtihad and jurisprudential theories, showing how theological perspectives affect jurisprudential and, at times, usuli (principles of jurisprudence) theories. Its main focus is on the theological foundations accepted by the Imamiyya.

	This voluminous book is organized into five "offices" (daftar) and twenty chapters. The first office, titled "Rational Discussions," addresses fundamental creedal issues such as rational good and evil and the like. The second through fifth offices are modeled after theological books, respectively covering "Divine Attributes and Actions," "Prophethood" and its related concepts like infallibility and the Prophet's authority, "Imamate" and its related concepts like infallibility and the [[distinction of the Infallibles' functions\|functions of the Imams]], and finally, the "Characteristics of Sharia" such as its [[comprehensiveness of religion\|comprehensiveness]], eternality, and universality.		This voluminous book is organized into five "offices" (daftar) and twenty chapters. The first office, titled "Rational Discussions," addresses fundamental creedal issues such as rational good and evil and the like. The second through fifth offices are modeled after theological books, respectively covering "Divine Attributes and Actions," "Prophethood" and its related concepts like infallibility and the Prophet's authority, "Imamate" and its related concepts like infallibility and the [[distinction of the Infallibles' functions\|functions of the Imams]], and finally, the "Characteristics of Sharia" such as its [[comprehensiveness of religion\|comprehensiveness]], eternality, and universality.

Sarfipour: Created page with "{{Author |author = Reza Bazeli |author2 = |author3 = |compiler = |editor1 = |editor2 = |editor3 = }} {{infobox book | name = The Position of Theological Foundations in Ijtihad | image = The Position of Theological Foundations in Ijtihad.jpg | image_size = | caption = | other_names = | author = Saeed Zia'ifar | writing_date = 1380 SH (c. 2001 CE) | topic = Foundations of Contemporary Fiqh | style = Analytical | language = Persian | editor = | revised_by = | comp..."

2025-10-16T15:53:38Z

Created page with "{{Author |author = Reza Bazeli |author2 = |author3 = |compiler = |editor1 = |editor2 = |editor3 = }} {{infobox book | name = The Position of Theological Foundations in Ijtihad | image = The Position of Theological Foundations in Ijtihad.jpg | image_size = | caption = | other_names = | author = Saeed Zia'ifar | writing_date = 1380 SH (c. 2001 CE) | topic = Foundations of Contemporary Fiqh | style = Analytical | language = Persian | editor = | revised_by = | comp..."

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