The unlegislated zone - Revision history

Enadmin at 07:26, 20 September 2026

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	[[fa:منطقة الفراغ]]		[[fa:منطقة الفراغ]]
			[[ar:منطقة الفراغ]]
	[[Category:Contemporary Jurisprudence Articles]]		[[Category:Contemporary Jurisprudence Articles]]

Sarfipour at 13:04, 12 March 2026

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← Older revision		Revision as of 13:04, 12 March 2026
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	'''The unlegislated zone''' (in Arabic: [https://ency.feqhemoaser.com/fa/view/%D9%85%D9%86%D8%B7%D9%82%D8%A9_%D8%A7%D9%84%D9%81%D8%B1%D8%A7%D8%BA منطقة الفراغ]) is a jurisprudential theory proposed by [[Muhammad Baqir ~~al-~~Sadr]] in contemporary Shiʿi Islamic law. According to this theory, the Lawgiver grants the ruler of an Islamic society the authority to enact binding regulations in areas that are devoid of obligatory religious rulings, namely within the sphere of legally permissible acts, in order to secure the public interests of governance. The theory aims to provide a framework for harmonizing Islamic law with structural transformations in social life.		'''The unlegislated zone''' (in Arabic: [https://ency.feqhemoaser.com/fa/view/%D9%85%D9%86%D8%B7%D9%82%D8%A9_%D8%A7%D9%84%D9%81%D8%B1%D8%A7%D8%BA منطقة الفراغ]) is a jurisprudential theory proposed by [[Sayyid Muhammad Baqir Sadr]] in contemporary Shiʿi Islamic law. According to this theory, the Lawgiver grants the ruler of an Islamic society the authority to enact binding regulations in areas that are devoid of obligatory religious rulings, namely within the sphere of legally permissible acts, in order to secure the public interests of governance. The theory aims to provide a framework for harmonizing Islamic law with structural transformations in social life.

	Scholars of Islamic jurisprudence describe Mintaqat al-Farāgh as the outcome of a systemic and governmental approach to fiqh. Its significance is commonly attributed to its emphasis on the objectives of the Sharia (maqāṣid al-sharīʿa), the universality of Islamic rulings, and its role as a conceptual foundation for legislation in the contemporary era.		Scholars of Islamic jurisprudence describe Mintaqat al-Farāgh as the outcome of a systemic and governmental approach to fiqh. Its significance is commonly attributed to its emphasis on the objectives of the Sharia (maqāṣid al-sharīʿa), the universality of Islamic rulings, and its role as a conceptual foundation for legislation in the contemporary era.
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	== Explanation and Introduction of the Theory ==		== Explanation and Introduction of the Theory ==
	Mintaqat al-Faragh is a theory by [[Muhammad Baqir ~~al-~~Sadr]] in Shia jurisprudence that grants the ruler of an Islamic society the authority to enact binding laws in cases where there is no obligatory religious ruling, with the aim of securing the interests of the state.<ref>Sadr, ''Eqtesad-e Ma'', vol. 2, p. 41.</ref> This theory is aimed at explaining a mechanism for harmonizing Sharia with temporal and spatial changes. According to Sadr, the primary rule and practical principle regarding actions is permissibility (Ibahah), which also includes the subjects of Mintaqat al-Faragh. He believes that for any activity or action for which there is no legislative text indicating its prohibition or obligation, the Wali al-Amr can prohibit it or command it.<ref>Sadr, ''Eqtesad-e Ma'', vol. 2, p. 43.</ref> Although in Sadr's view, God's intrinsic authority includes potential duties as well, he nevertheless practically accepts the ruling of exoneration (Bara'ah) based on religious evidence such as "Allah does not charge a soul except [with that] which He has given it."<ref>Sadr, ''Durus fi 'Ilm al-Usul'', vol. 2, p. 37.</ref>		Mintaqat al-Faragh is a theory by [[Sayyid Muhammad Baqir Sadr]] in Shia jurisprudence that grants the ruler of an Islamic society the authority to enact binding laws in cases where there is no obligatory religious ruling, with the aim of securing the interests of the state.<ref>Sadr, ''Eqtesad-e Ma'', vol. 2, p. 41.</ref> This theory is aimed at explaining a mechanism for harmonizing Sharia with temporal and spatial changes. According to Sadr, the primary rule and practical principle regarding actions is permissibility (Ibahah), which also includes the subjects of Mintaqat al-Faragh. He believes that for any activity or action for which there is no legislative text indicating its prohibition or obligation, the Wali al-Amr can prohibit it or command it.<ref>Sadr, ''Eqtesad-e Ma'', vol. 2, p. 43.</ref> Although in Sadr's view, God's intrinsic authority includes potential duties as well, he nevertheless practically accepts the ruling of exoneration (Bara'ah) based on religious evidence such as "Allah does not charge a soul except [with that] which He has given it."<ref>Sadr, ''Durus fi 'Ilm al-Usul'', vol. 2, p. 37.</ref>

	From Sadr's perspective, the Prophet of God had two positions: the position of delivering the message and propagating God's rulings, and the position of guardianship and leadership over the people. Based on this, the Prophet's commands and prohibitions in his capacity as a messenger are unchangeable legislative texts, while his commands and prohibitions in his capacity as a ruler are considered changeable rulings. Therefore, the Prophet, from his first position, i.e., messenger, explained and propagated the fixed divine rulings, and from his position as the ruler of the Islamic society, he issued rulings in the Mintaqat al-Faragh by considering the interests and benefits of the society.<ref>Sadr, ''Eqtesad-e Ma'', vol. 2, p. 414.</ref>		From Sadr's perspective, the Prophet of God had two positions: the position of delivering the message and propagating God's rulings, and the position of guardianship and leadership over the people. Based on this, the Prophet's commands and prohibitions in his capacity as a messenger are unchangeable legislative texts, while his commands and prohibitions in his capacity as a ruler are considered changeable rulings. Therefore, the Prophet, from his first position, i.e., messenger, explained and propagated the fixed divine rulings, and from his position as the ruler of the Islamic society, he issued rulings in the Mintaqat al-Faragh by considering the interests and benefits of the society.<ref>Sadr, ''Eqtesad-e Ma'', vol. 2, p. 414.</ref>

	=== Background ===		=== Background ===
	The theorist of Mintaqat al-Faragh, [[Muhammad Baqir ~~al-~~Sadr]], was a Shia mujtahid and thinker residing in Iraq.<ref>Ha'iri, ''The Life and Thoughts of Shahid Sadr'', p. 35.</ref> Nevertheless, the groundwork for this theory also existed in the views of other scholars, such as in ''Tanbih al-Ummah'' by [[Mirza Mohammad-Hossein Gharavi Na'ini]].<ref>Husseini, "Re-examination, Analysis, and Critique of the Mintaqat al-Faragh Theory", p. 91.</ref> According to [[Ali Akbar Ha'iri]], although this title is an innovation of Sadr, its content has been discussed among both Sunnis and Shias in the past.<ref>Ha'iri, "Mintaqat al-Faragh fi al-Tashri' al-Islami", p. 111.</ref>		The theorist of Mintaqat al-Faragh, [[Sayyid Muhammad Baqir Sadr]], was a Shia mujtahid and thinker residing in Iraq.<ref>Ha'iri, ''The Life and Thoughts of Shahid Sadr'', p. 35.</ref> Nevertheless, the groundwork for this theory also existed in the views of other scholars, such as in ''Tanbih al-Ummah'' by [[Mirza Mohammad-Hossein Gharavi Na'ini]].<ref>Husseini, "Re-examination, Analysis, and Critique of the Mintaqat al-Faragh Theory", p. 91.</ref> According to [[Ali Akbar Ha'iri]], although this title is an innovation of Sadr, its content has been discussed among both Sunnis and Shias in the past.<ref>Ha'iri, "Mintaqat al-Faragh fi al-Tashri' al-Islami", p. 111.</ref>

	Among Sunnis, the theory of Mintaqat al-'Afw (the zone of pardon), which Sunni scholars sometimes also refer to as Mintaqat al-Faragh,<ref>Al-Qaradawi, ''Awamil al-Si'ah wa al-Murunah'', p. 11.</ref> refers to a domain in which no text has been issued by the Lawgiver. This theory is very close to the discussions raised by Na'ini and Sadr in contemporary Shia jurisprudence; for example, Nur al-Din ibn Mukhtar al-Khadimi (born 1963) in his book ''Al-Ijtihad al-Maqasidi''.<ref>Al-Khadimi, ''Al-Ijtihad al-Maqasidi: Hujjatuhu, Dawabituhu, Majalatuhu'', p. 173.</ref> Abd al-Karim Hamdawi has also discussed Mintaqat al-Faragh and made it the focus of a significant part of his book.<ref>Al-Hamdawi, ''Thulathiyyat Fiqh al-Ahkam al-Sultaniyyah'', pp. 473–487.</ref>		Among Sunnis, the theory of Mintaqat al-'Afw (the zone of pardon), which Sunni scholars sometimes also refer to as Mintaqat al-Faragh,<ref>Al-Qaradawi, ''Awamil al-Si'ah wa al-Murunah'', p. 11.</ref> refers to a domain in which no text has been issued by the Lawgiver. This theory is very close to the discussions raised by Na'ini and Sadr in contemporary Shia jurisprudence; for example, Nur al-Din ibn Mukhtar al-Khadimi (born 1963) in his book ''Al-Ijtihad al-Maqasidi''.<ref>Al-Khadimi, ''Al-Ijtihad al-Maqasidi: Hujjatuhu, Dawabituhu, Majalatuhu'', p. 173.</ref> Abd al-Karim Hamdawi has also discussed Mintaqat al-Faragh and made it the focus of a significant part of his book.<ref>Al-Hamdawi, ''Thulathiyyat Fiqh al-Ahkam al-Sultaniyyah'', pp. 473–487.</ref>
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	== Study Resources ==		== Study Resources ==
	{{Main\|Mintaqat al-Faragh (Study Resources)}}		{{Main\|Mintaqat al-Faragh (Study Resources)}}
	The issue of Mintaqat al-Faragh, besides being discussed in the works of [[Muhammad Baqir ~~al-~~Sadr]] and [[Mirza Mohammad-Hossein Gharavi Na'ini]], is also addressed in parts of books related to issues of governance and the legislative system in Islam. Books and articles have also been written independently on this theory in contemporary Shia jurisprudence. Among these books are ''Mintaqat al-Faragh dar Qanunguzari-ye Islami'' (Mintaqat al-Faragh in Islamic Legislation) by Abd al-Majid Qa'edi Lamerdi in Persian, and the book ''Mintaqat al-Faragh al-Tashri'i: Dirasah Muqaranah li-Ahamm al-'Anasir al-Marinah fi al-Shari'ah al-Islamiyyah'' by Falah Abd al-Hasan al-Dukhi in Arabic. Articles such as "The Theory of Mintaqat al-Faragh and Human Authority" by [[Haydar Hubballah]], "The Nature and Evidences of Mintaqat al-Faragh in Islamic Legislation" by Ali Rahmani-Fard and Abd al-Majid Qa'edi Lamerdi, and "Mintaqat al-Faragh as a Theory of Legislation" by Hasan Amini-Pazhuh and [[Mohsen Esmaeili]], have also examined this issue from the perspective of Shia jurisprudence.		The issue of Mintaqat al-Faragh, besides being discussed in the works of Sayyid Muhammad Baqir Sadr and [[Mirza Mohammad-Hossein Gharavi Na'ini]], is also addressed in parts of books related to issues of governance and the legislative system in Islam. Books and articles have also been written independently on this theory in contemporary Shia jurisprudence. Among these books are ''Mintaqat al-Faragh dar Qanunguzari-ye Islami'' (Mintaqat al-Faragh in Islamic Legislation) by Abd al-Majid Qa'edi Lamerdi in Persian, and the book ''Mintaqat al-Faragh al-Tashri'i: Dirasah Muqaranah li-Ahamm al-'Anasir al-Marinah fi al-Shari'ah al-Islamiyyah'' by Falah Abd al-Hasan al-Dukhi in Arabic. Articles such as "The Theory of Mintaqat al-Faragh and Human Authority" by [[Haydar Hubballah]], "The Nature and Evidences of Mintaqat al-Faragh in Islamic Legislation" by Ali Rahmani-Fard and Abd al-Majid Qa'edi Lamerdi, and "Mintaqat al-Faragh as a Theory of Legislation" by Hasan Amini-Pazhuh and [[Mohsen Esmaeili]], have also examined this issue from the perspective of Shia jurisprudence.

	== footnotes ==		== footnotes ==

Sarfipour at 13:14, 6 March 2026

2026-03-06T13:14:25Z

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Sarfipour at 12:35, 6 March 2026

2026-03-06T12:35:55Z

← Older revision		Revision as of 12:35, 6 March 2026
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	'''~~Mintaqat al-Farāgh~~''' (in Arabic: [https://ency.feqhemoaser.com/fa/view/%D9%85%D9%86%D8%B7%D9%82%D8%A9_%D8%A7%D9%84%D9%81%D8%B1%D8%A7%D8%BA منطقة الفراغ]) is a jurisprudential theory proposed by [[Muhammad Baqir al-Sadr]] in contemporary Shiʿi Islamic law. According to this theory, the Lawgiver grants the ruler of an Islamic society the authority to enact binding regulations in areas that are devoid of obligatory religious rulings, namely within the sphere of legally permissible acts, in order to secure the public interests of governance. The theory aims to provide a framework for harmonizing Islamic law with structural transformations in social life.
			'''The unlegislated zone''' (in Arabic: [https://ency.feqhemoaser.com/fa/view/%D9%85%D9%86%D8%B7%D9%82%D8%A9_%D8%A7%D9%84%D9%81%D8%B1%D8%A7%D8%BA منطقة الفراغ]) is a jurisprudential theory proposed by [[Muhammad Baqir al-Sadr]] in contemporary Shiʿi Islamic law. According to this theory, the Lawgiver grants the ruler of an Islamic society the authority to enact binding regulations in areas that are devoid of obligatory religious rulings, namely within the sphere of legally permissible acts, in order to secure the public interests of governance. The theory aims to provide a framework for harmonizing Islamic law with structural transformations in social life.

	Scholars of Islamic jurisprudence describe Mintaqat al-Farāgh as the outcome of a systemic and governmental approach to fiqh. Its significance is commonly attributed to its emphasis on the objectives of the Sharia (maqāṣid al-sharīʿa), the universality of Islamic rulings, and its role as a conceptual foundation for legislation in the contemporary era.		Scholars of Islamic jurisprudence describe Mintaqat al-Farāgh as the outcome of a systemic and governmental approach to fiqh. Its significance is commonly attributed to its emphasis on the objectives of the Sharia (maqāṣid al-sharīʿa), the universality of Islamic rulings, and its role as a conceptual foundation for legislation in the contemporary era.

Sarfipour at 03:28, 5 January 2026

2026-01-05T03:28:22Z

← Older revision		Revision as of 03:28, 5 January 2026
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	'''Mintaqat al-Farāgh''' (Arabic: [https://ency.feqhemoaser.com/fa/view/%D9%85%D9%86%D8%B7%D9%82%D8%A9_%D8%A7%D9%84%D9%81%D8%B1%D8%A7%D8%BA منطقة الفراغ]) is a jurisprudential theory proposed by [[Muhammad Baqir al-Sadr]] in contemporary Shiʿi Islamic law. According to this theory, the Lawgiver grants the ruler of an Islamic society the authority to enact binding regulations in areas that are devoid of obligatory religious rulings, namely within the sphere of legally permissible acts, in order to secure the public interests of governance. The theory aims to provide a framework for harmonizing Islamic law with structural transformations in social life.		'''Mintaqat al-Farāgh''' (in Arabic: [https://ency.feqhemoaser.com/fa/view/%D9%85%D9%86%D8%B7%D9%82%D8%A9_%D8%A7%D9%84%D9%81%D8%B1%D8%A7%D8%BA منطقة الفراغ]) is a jurisprudential theory proposed by [[Muhammad Baqir al-Sadr]] in contemporary Shiʿi Islamic law. According to this theory, the Lawgiver grants the ruler of an Islamic society the authority to enact binding regulations in areas that are devoid of obligatory religious rulings, namely within the sphere of legally permissible acts, in order to secure the public interests of governance. The theory aims to provide a framework for harmonizing Islamic law with structural transformations in social life.

	Scholars of Islamic jurisprudence describe Mintaqat al-Farāgh as the outcome of a systemic and governmental approach to fiqh. Its significance is commonly attributed to its emphasis on the objectives of the Sharia (maqāṣid al-sharīʿa), the universality of Islamic rulings, and its role as a conceptual foundation for legislation in the contemporary era.		Scholars of Islamic jurisprudence describe Mintaqat al-Farāgh as the outcome of a systemic and governmental approach to fiqh. Its significance is commonly attributed to its emphasis on the objectives of the Sharia (maqāṣid al-sharīʿa), the universality of Islamic rulings, and its role as a conceptual foundation for legislation in the contemporary era.

Sarfipour at 03:53, 29 December 2025

2025-12-29T03:53:36Z

← Older revision		Revision as of 03:53, 29 December 2025
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	'''Mintaqat al-~~Faragh~~''' (~~in arabic~~: [https://ency.feqhemoaser.com/fa/view/%D9%85%D9%86%D8%B7%D9%82%D8%A9_%D8%A7%D9%84%D9%81%D8%B1%D8%A7%D8%BA منطقة الفراغ]) is a theory by [[Muhammad Baqir al-Sadr]] ~~according~~ to ~~which~~ the Lawgiver ~~permits~~ the ruler of an Islamic society to enact binding ~~laws within the sphere~~ devoid of obligatory religious rulings (the ~~domain~~ of permissible acts), in order to secure the interests of ~~the state~~. ~~This~~ theory ~~seeks~~ to ~~harmonize~~ Islamic ~~Sharia~~ with structural ~~changes~~ in ~~human~~ social life. According to jurisprudential researchers, this theory is the result of a systemic and governmental perspective on jurisprudence. The importance of this theory is attributed to its attention to the objectives of the Sharia (Maqasid al-Sharia) and the universality of Islamic rulings, as well as its function as a basis and support for the legislative system in the contemporary era.		'''Mintaqat al-Farāgh''' (Arabic: [https://ency.feqhemoaser.com/fa/view/%D9%85%D9%86%D8%B7%D9%82%D8%A9_%D8%A7%D9%84%D9%81%D8%B1%D8%A7%D8%BA منطقة الفراغ]) is a jurisprudential theory proposed by [[Muhammad Baqir al-Sadr]] in contemporary Shiʿi Islamic law. According to this theory, the Lawgiver grants the ruler of an Islamic society the authority to enact binding regulations in areas that are devoid of obligatory religious rulings, namely within the sphere of legally permissible acts, in order to secure the public interests of governance. The theory aims to provide a framework for harmonizing Islamic law with structural transformations in social life.

	~~To prove the theory~~ of Mintaqat al-~~Faragh, Sadr has cited~~ the ~~[[Verse~~ of ~~Ulu al-Amr\|'''Qurʾan 4:59''']] regarding the necessity of obeying the guardian-ruler,~~ and ~~several narrations about the~~ governmental ~~rulings of the Prophet of Islam (s) and Imam Ali (a)~~. ~~According~~ to ~~this theory,~~ the ~~Lawgiver has delegated legislation in these "vacuum" areas to~~ the ~~Wali~~ al-~~Amr~~ ~~(guardian of the people~~) or the ~~ruler~~ of ~~the~~ Islamic ~~society~~ and the ~~legislative power, on the condition that it does not conflict with other Islamic rulings~~.		Scholars of Islamic jurisprudence describe Mintaqat al-Farāgh as the outcome of a systemic and governmental approach to fiqh. Its significance is commonly attributed to its emphasis on the objectives of the Sharia (maqāṣid al-sharīʿa), the universality of Islamic rulings, and its role as a conceptual foundation for legislation in the contemporary era.

	~~Although the presentation~~ of ~~the Mintaqat al-Faragh~~ theory ~~is considered an innovation of Muhammad Baqir~~ al-Sadr~~, its roots can be found in other works such as ''~~[[~~Tanbih~~ al-~~Ummah wa Tanzih al-Millah]]'' by [[Mirza Mohammad-Hossein Gharavi Na'ini~~]], ~~and also under~~ the ~~title~~ ~~Mintaqat~~ al-~~'Afw~~ (the ~~zone~~ of ~~pardon~~) in ~~the works of some Sunni thinkers~~.		In support of this theory, al-Sadr refers to the [[Verse of Ulu al-Amr\|Qurʾanic verse on obedience to those in authority (Qurʾan 4:59)]] as well as several narrations concerning the governmental rulings of the Prophet Muhammad and Imam ʿAli. On this basis, legislation in areas lacking obligatory religious rulings is understood to be delegated to the Wali al-Amr (the legitimate authority of the community) or, in modern contexts, to legislative institutions, provided that such legislation does not conflict with other established Islamic rulings.

	~~The~~ Mintaqat al-~~Faragh~~ theory has been ~~criticized~~ by some jurists~~. Contradiction~~ with the comprehensiveness of the Sharia, the exclusivity of legislation to the Lawgiver, the ~~impossibility~~ of ~~legislation by a~~ non-~~Lawgiver, and the incompatibility of this theory with the philosophy behind the existence of the domain of permissible acts are among the criticisms leveled against this theory~~.		Although the formulation of the Mintaqat al-Farāgh theory is considered an innovation of Muhammad Baqir al-Sadr, its intellectual roots can be traced to earlier works, such as ''[[Tanbih al-Ummah wa Tanzih al-Millah]]'' by [[Mirza Mohammad-Hossein Gharavi Na'ini]], as well as to discussions found in Sunni jurisprudence under the title Mintaqat al-ʿAfw (the zone of pardon). The theory has also been subject to criticism by some jurists, who have raised objections concerning its compatibility with the comprehensiveness of the Sharia, the exclusivity of legislation to the Lawgiver, and the scope of authority granted to non-legislators.

	== Explanation and Introduction of the Theory ==		== Explanation and Introduction of the Theory ==

Sarfipour at 09:45, 16 December 2025

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	{{end}}		{{end}}

	~~[[Category:Books on the Fiqh of Expediency]]~~
	[[fa:منطقة الفراغ]]		[[fa:منطقة الفراغ]]
			[[Category:Contemporary Jurisprudence Articles]]

Sarfipour at 20:27, 12 December 2025

2025-12-12T20:27:52Z

← Older revision		Revision as of 20:27, 12 December 2025
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	'''Mintaqat al-Faragh''' (in arabic: [https://ency.feqhemoaser.com/fa/view/%D9%85%D9%86%D8%B7%D9%82%D8%A9_%D8%A7%D9%84%D9%81%D8%B1%D8%A7%D8%BA منطقة الفراغ]) is a theory by [[Muhammad Baqir al-Sadr]] according to which the Lawgiver permits the ruler of an Islamic society to enact binding laws within the sphere devoid of obligatory religious rulings (the domain of permissible acts), in order to secure the interests of the state. This theory seeks to harmonize Islamic Sharia with structural changes in human social life. According to jurisprudential researchers, this theory is the result of a systemic and governmental perspective on jurisprudence. The importance of this theory is attributed to its attention to the objectives of the Sharia (Maqasid al-Sharia) and the universality of Islamic rulings, as well as its function as a basis and support for the legislative system in the contemporary era.		'''Mintaqat al-Faragh''' (in arabic: [https://ency.feqhemoaser.com/fa/view/%D9%85%D9%86%D8%B7%D9%82%D8%A9_%D8%A7%D9%84%D9%81%D8%B1%D8%A7%D8%BA منطقة الفراغ]) is a theory by [[Muhammad Baqir al-Sadr]] according to which the Lawgiver permits the ruler of an Islamic society to enact binding laws within the sphere devoid of obligatory religious rulings (the domain of permissible acts), in order to secure the interests of the state. This theory seeks to harmonize Islamic Sharia with structural changes in human social life. According to jurisprudential researchers, this theory is the result of a systemic and governmental perspective on jurisprudence. The importance of this theory is attributed to its attention to the objectives of the Sharia (Maqasid al-Sharia) and the universality of Islamic rulings, as well as its function as a basis and support for the legislative system in the contemporary era.

	To prove the theory of Mintaqat al-Faragh, Sadr has cited the [[Verse of Ulu al-Amr]] regarding the necessity of obeying the guardian-ruler, and several narrations about the governmental rulings of the Prophet of Islam (s) and Imam Ali (a). According to this theory, the Lawgiver has delegated legislation in these "vacuum" areas to the Wali al-Amr (guardian of the people) or the ruler of the Islamic society and the legislative power, on the condition that it does not conflict with other Islamic rulings.		To prove the theory of Mintaqat al-Faragh, Sadr has cited the [[Verse of Ulu al-Amr\|'''Qurʾan 4:59''']] regarding the necessity of obeying the guardian-ruler, and several narrations about the governmental rulings of the Prophet of Islam (s) and Imam Ali (a). According to this theory, the Lawgiver has delegated legislation in these "vacuum" areas to the Wali al-Amr (guardian of the people) or the ruler of the Islamic society and the legislative power, on the condition that it does not conflict with other Islamic rulings.

	Although the presentation of the Mintaqat al-Faragh theory is considered an innovation of Muhammad Baqir al-Sadr, its roots can be found in other works such as ''[[Tanbih al-Ummah wa Tanzih al-Millah]]'' by [[~~Muhammad Husayn~~ Na'ini]], and also under the title Mintaqat al-'Afw (the zone of pardon) in the works of some Sunni thinkers.		Although the presentation of the Mintaqat al-Faragh theory is considered an innovation of Muhammad Baqir al-Sadr, its roots can be found in other works such as ''[[Tanbih al-Ummah wa Tanzih al-Millah]]'' by [[Mirza Mohammad-Hossein Gharavi Na'ini]], and also under the title Mintaqat al-'Afw (the zone of pardon) in the works of some Sunni thinkers.

	The Mintaqat al-Faragh theory has been criticized by some jurists. Contradiction with the comprehensiveness of the Sharia, the exclusivity of legislation to the Lawgiver, the impossibility of legislation by a non-Lawgiver, and the incompatibility of this theory with the philosophy behind the existence of the domain of permissible acts are among the criticisms leveled against this theory.		The Mintaqat al-Faragh theory has been criticized by some jurists. Contradiction with the comprehensiveness of the Sharia, the exclusivity of legislation to the Lawgiver, the impossibility of legislation by a non-Lawgiver, and the incompatibility of this theory with the philosophy behind the existence of the domain of permissible acts are among the criticisms leveled against this theory.
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	=== Background ===		=== Background ===
	The theorist of Mintaqat al-Faragh, [[Muhammad Baqir al-Sadr]],{{Note\|Muhammad Baqir al-Sadr studied religious sciences under [[Abu al-Qasim al-Khoei]], a Marja' al-Taqlid, and some other great scholars (Sadr, ''Mabahith al-Usul'', p. 42). His other famous theories include the theory of Haqq al-Ta'ah (the Right of Obedience)<ref>Eslami, "The Usuli School of Martyr Ayatollah Sadr", p. 153; Larijani, "The Theory of Haqq al-Ta'ah", p. 12.</ref> and the theory of the self-generation of knowledge (Tawalud al-Dhati lil-Ma'rifah) (Khosrowpanah, "The Logic of Induction from the Perspective of Shahid Sadr", p. 29). The books ''Iqtisaduna'', ''Durus fi 'Ilm al-Usul'' (the Rings series), ''Al-Usus al-Mantiqiyyah lil-Istiqra'', ''Al-Bank al-Laribawi fi al-Islam'', ''Al-Islam Yaqud al-Hayat'', and ''Falsafatuna'' are among his most important works.}} was a Shia mujtahid and thinker residing in Iraq.<ref>Ha'iri, ''The Life and Thoughts of Shahid Sadr'', p. 35.</ref> Nevertheless, the groundwork for this theory also existed in the views of other scholars, such as in ''Tanbih al-Ummah'' by [[~~Muhammad Husayn~~ Na'ini]].<ref>Husseini, "Re-examination, Analysis, and Critique of the Mintaqat al-Faragh Theory", p. 91.</ref> According to [[Ali Akbar Ha'iri]], although this title is an innovation of Sadr, its content has been discussed among both Sunnis and Shias in the past.<ref>Ha'iri, "Mintaqat al-Faragh fi al-Tashri' al-Islami", p. 111.</ref>		The theorist of Mintaqat al-Faragh, [[Muhammad Baqir al-Sadr]], was a Shia mujtahid and thinker residing in Iraq.<ref>Ha'iri, ''The Life and Thoughts of Shahid Sadr'', p. 35.</ref> Nevertheless, the groundwork for this theory also existed in the views of other scholars, such as in ''Tanbih al-Ummah'' by [[Mirza Mohammad-Hossein Gharavi Na'ini]].<ref>Husseini, "Re-examination, Analysis, and Critique of the Mintaqat al-Faragh Theory", p. 91.</ref> According to [[Ali Akbar Ha'iri]], although this title is an innovation of Sadr, its content has been discussed among both Sunnis and Shias in the past.<ref>Ha'iri, "Mintaqat al-Faragh fi al-Tashri' al-Islami", p. 111.</ref>

	Among Sunnis, the theory of Mintaqat al-'Afw (the zone of pardon), which Sunni scholars sometimes also refer to as Mintaqat al-Faragh,<ref>Al-Qaradawi, ''Awamil al-Si'ah wa al-Murunah'', p. 11.</ref> refers to a domain in which no text has been issued by the Lawgiver. This theory is very close to the discussions raised by Na'ini and Sadr in contemporary Shia jurisprudence; for example, Nur al-Din ibn Mukhtar al-Khadimi (born 1963) in his book ''Al-Ijtihad al-Maqasidi''.<ref>Al-Khadimi, ''Al-Ijtihad al-Maqasidi: Hujjatuhu, Dawabituhu, Majalatuhu'', p. 173.</ref> Abd al-Karim Hamdawi has also discussed Mintaqat al-Faragh and made it the focus of a significant part of his book.<ref>Al-Hamdawi, ''Thulathiyyat Fiqh al-Ahkam al-Sultaniyyah'', pp. 473–487.</ref>		Among Sunnis, the theory of Mintaqat al-'Afw (the zone of pardon), which Sunni scholars sometimes also refer to as Mintaqat al-Faragh,<ref>Al-Qaradawi, ''Awamil al-Si'ah wa al-Murunah'', p. 11.</ref> refers to a domain in which no text has been issued by the Lawgiver. This theory is very close to the discussions raised by Na'ini and Sadr in contemporary Shia jurisprudence; for example, Nur al-Din ibn Mukhtar al-Khadimi (born 1963) in his book ''Al-Ijtihad al-Maqasidi''.<ref>Al-Khadimi, ''Al-Ijtihad al-Maqasidi: Hujjatuhu, Dawabituhu, Majalatuhu'', p. 173.</ref> Abd al-Karim Hamdawi has also discussed Mintaqat al-Faragh and made it the focus of a significant part of his book.<ref>Al-Hamdawi, ''Thulathiyyat Fiqh al-Ahkam al-Sultaniyyah'', pp. 473–487.</ref>
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	According to Muhammad Baqir al-Sadr in the treatise ''[[A Preliminary Jurisprudential Glimpse into the Draft Constitution of the Islamic Republic of Iran\|A Preliminary Jurisprudential Glimpse]]'', for matters that are not subject to a decisive ruling of obligation or prohibition, the legislative power, as the representative of the nation, approves a law that is in the interest of the people and does not conflict with the fundamentals of Islamic law. In his view, the scope of this legislation includes cases that the Sharia has left to the discretion of the people themselves and has given the legally responsible person freedom of action to the extent that it does not conflict with other Islamic rulings.<ref>Sadr, ''Lamhah Fiqhiyyah Tamhidiyyah'', pp. 15, 13.</ref> Sadr also believes in his book ''Iqtisaduna'' that the Islamic economic system has two main parts; one part, which constitutes the objectives of Islam, is its fixed and unchangeable part, and the other part is the flexible part of this system, in which Islam has delegated legislation to the Wali al-Amr.<ref>Sadr, ''Eqtesad-e Ma'', vol. 2, pp. 41, 42.</ref> Sadr claims that God, in the Book, by virtue of "Obey Allah and obey the Messenger and those in authority among you," has given a special authority to the Wali al-Amr and has made his commands binding. In his view, the zone in which the Wali al-Amr can exercise authority has various domains, one of which is the arena of legislation.		According to Muhammad Baqir al-Sadr in the treatise ''[[A Preliminary Jurisprudential Glimpse into the Draft Constitution of the Islamic Republic of Iran\|A Preliminary Jurisprudential Glimpse]]'', for matters that are not subject to a decisive ruling of obligation or prohibition, the legislative power, as the representative of the nation, approves a law that is in the interest of the people and does not conflict with the fundamentals of Islamic law. In his view, the scope of this legislation includes cases that the Sharia has left to the discretion of the people themselves and has given the legally responsible person freedom of action to the extent that it does not conflict with other Islamic rulings.<ref>Sadr, ''Lamhah Fiqhiyyah Tamhidiyyah'', pp. 15, 13.</ref> Sadr also believes in his book ''Iqtisaduna'' that the Islamic economic system has two main parts; one part, which constitutes the objectives of Islam, is its fixed and unchangeable part, and the other part is the flexible part of this system, in which Islam has delegated legislation to the Wali al-Amr.<ref>Sadr, ''Eqtesad-e Ma'', vol. 2, pp. 41, 42.</ref> Sadr claims that God, in the Book, by virtue of "Obey Allah and obey the Messenger and those in authority among you," has given a special authority to the Wali al-Amr and has made his commands binding. In his view, the zone in which the Wali al-Amr can exercise authority has various domains, one of which is the arena of legislation.

	[[~~Muhammad Husayn~~ Na'ini]] also, in his treatise ''[[Tanbih al-Ummah wa Tanzih al-Millah]]'', in the discussion of the method of legislation, has referred to stipulated and non-stipulated rulings. According to him, in the domain of stipulated matters, the duty of the legally responsible is specified in the Sharia and one must adhere to it; but in the domain of non-stipulated matters, due to not being included under any specific rule of the Sharia, this domain is delegated to the Wali al-Naw'i (general guardian), and the laws related to this domain are subject to change by the legislative body according to the exigencies of interests and harms.<ref>Na'ini, ''Tanbih al-Ummah wa Tanzih al-Millah'', pp. 134–137.</ref>		[[Mirza Mohammad-Hossein Gharavi Na'ini]] also, in his treatise ''[[Tanbih al-Ummah wa Tanzih al-Millah]]'', in the discussion of the method of legislation, has referred to stipulated and non-stipulated rulings. According to him, in the domain of stipulated matters, the duty of the legally responsible is specified in the Sharia and one must adhere to it; but in the domain of non-stipulated matters, due to not being included under any specific rule of the Sharia, this domain is delegated to the Wali al-Naw'i (general guardian), and the laws related to this domain are subject to change by the legislative body according to the exigencies of interests and harms.<ref>Na'ini, ''Tanbih al-Ummah wa Tanzih al-Millah'', pp. 134–137.</ref>

	== Importance ==		== Importance ==
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	=== Adherence to the Objectives of the Sharia ===		=== Adherence to the Objectives of the Sharia ===
	The Mintaqat al-Faragh theory, while preserving the religious texts, considers the supervision of the objectives and goals of the Sharia over these texts to be necessary. [[Mohammad Mahdi ~~Shamseddine~~]], a religious scholar and political theorist, in stating the importance of the Mintaqat al-Faragh theory, while listing evidences with the name "higher evidences of legislation," such as the verses of subjugation, the command to justice and benevolence, the prohibition of indecency and extravagance, and the prohibition of arrogance and corruption, emphasizes the foundational nature of this evidence in legislation in the vacuum areas.<ref>Shamseddine, ''Majal al-Ijtihad wa Manatiq al-Faragh al-Tashri'i'', p. 42.</ref>		The Mintaqat al-Faragh theory, while preserving the religious texts, considers the supervision of the objectives and goals of the Sharia over these texts to be necessary. [[Mohammad Mahdi Shams al-Din]], a religious scholar and political theorist, in stating the importance of the Mintaqat al-Faragh theory, while listing evidences with the name "higher evidences of legislation," such as the verses of subjugation, the command to justice and benevolence, the prohibition of indecency and extravagance, and the prohibition of arrogance and corruption, emphasizes the foundational nature of this evidence in legislation in the vacuum areas.<ref>Shamseddine, ''Majal al-Ijtihad wa Manatiq al-Faragh al-Tashri'i'', p. 42.</ref>

	[[Ali al-Sistani]], a contemporary Marja', has also spoken of the concept of higher objectives, both in the Mintaqat al-Faragh and in the theory of spiritual harmony, and believes: The conformity of evidence with the Book and the Sunnah does not mean conformity with its generalities and universal statements; rather, conformity is in terms of the objectives and spirit of the Sharia, meaning the high objectives of the Sharia, such as justice, equality, benevolence, negation of hardship, which are mentioned in the Quran, act as an indicator and a planner.<ref>Rabbani, ''Mabahith al-Hujaj'', p. 36.</ref>		[[Ali al-Sistani]], a contemporary Marja', has also spoken of the concept of higher objectives, both in the Mintaqat al-Faragh and in the theory of spiritual harmony, and believes: The conformity of evidence with the Book and the Sunnah does not mean conformity with its generalities and universal statements; rather, conformity is in terms of the objectives and spirit of the Sharia, meaning the high objectives of the Sharia, such as justice, equality, benevolence, negation of hardship, which are mentioned in the Quran, act as an indicator and a planner.<ref>Rabbani, ''Mabahith al-Hujaj'', p. 36.</ref>
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	=== The Verse of Ulu al-Amr ===		=== The Verse of Ulu al-Amr ===
	To prove the authority of the Wali al-Amr to enact binding rulings in areas devoid of religious law, Muhammad Baqir al-Sadr has cited the [[Verse of Ulu al-Amr]] ~~(verse 59 of Surah al-Nisa)~~ regarding obedience to the command of those in authority in line with obedience to the command of God and the Prophet. In his view, this verse clearly indicates the obligation to obey the guardians of authority. Sadr believes that Muslims have no disagreement that the guardians of authority in an Islamic society possess legitimate authority and power, and the disagreement is only about their conditions and attributes. Sadr does not comment on the specific referent of the Wali al-Amr during the era of occultation and only fundamentally believes that the guardian and ruler of the society has the authority to enact laws in areas devoid of religious ruling in accordance with his governmental capacity.<ref>Sadr, ''Eqtesad-e Ma'', vol. 2, p. 43.</ref> In Sadr's interpretation of the said verse, the Sharia has granted such a right to the Wali al-Amr that, based on it, in cases where there is no obligation from the Sharia, he can issue rulings in the Mintaqat al-Faragh according to the exigencies of time and place and in accordance with the fundamental objectives of the Islamic Sharia.<ref>Ha'iri, "Mintaqat al-Faragh fi al-Tashri' al-Islami", pp. 113–114.</ref>		To prove the authority of the Wali al-Amr to enact binding rulings in areas devoid of religious law, Muhammad Baqir al-Sadr has cited the [[Verse of Ulu al-Amr\|'''Qurʾan 4:59''']] regarding obedience to the command of those in authority in line with obedience to the command of God and the Prophet. In his view, this verse clearly indicates the obligation to obey the guardians of authority. Sadr believes that Muslims have no disagreement that the guardians of authority in an Islamic society possess legitimate authority and power, and the disagreement is only about their conditions and attributes. Sadr does not comment on the specific referent of the Wali al-Amr during the era of occultation and only fundamentally believes that the guardian and ruler of the society has the authority to enact laws in areas devoid of religious ruling in accordance with his governmental capacity.<ref>Sadr, ''Eqtesad-e Ma'', vol. 2, p. 43.</ref> In Sadr's interpretation of the said verse, the Sharia has granted such a right to the Wali al-Amr that, based on it, in cases where there is no obligation from the Sharia, he can issue rulings in the Mintaqat al-Faragh according to the exigencies of time and place and in accordance with the fundamental objectives of the Islamic Sharia.<ref>Ha'iri, "Mintaqat al-Faragh fi al-Tashri' al-Islami", pp. 113–114.</ref>

	=== Governmental Rulings of the Prophet (s) and Imam Ali (a) ===		=== Governmental Rulings of the Prophet (s) and Imam Ali (a) ===
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	== Study Resources ==		== Study Resources ==
	{{Main\|Mintaqat al-Faragh (Study Resources)}}		{{Main\|Mintaqat al-Faragh (Study Resources)}}
	The issue of Mintaqat al-Faragh, besides being discussed in the works of [[Muhammad Baqir al-Sadr]] and [[~~Muhammad Husayn~~ Na'ini]], is also addressed in parts of books related to issues of governance and the legislative system in Islam. Books and articles have also been written independently on this theory in contemporary Shia jurisprudence. Among these books are ''Mintaqat al-Faragh dar Qanunguzari-ye Islami'' (Mintaqat al-Faragh in Islamic Legislation) by Abd al-Majid Qa'edi Lamerdi in Persian, and the book ''Mintaqat al-Faragh al-Tashri'i: Dirasah Muqaranah li-Ahamm al-'Anasir al-Marinah fi al-Shari'ah al-Islamiyyah'' by Falah Abd al-Hasan al-Dukhi in Arabic. Articles such as "The Theory of Mintaqat al-Faragh and Human Authority" by [[Haydar Hubballah]], "The Nature and Evidences of Mintaqat al-Faragh in Islamic Legislation" by Ali Rahmani-Fard and Abd al-Majid Qa'edi Lamerdi, and "Mintaqat al-Faragh as a Theory of Legislation" by Hasan Amini-Pazhuh and [[Mohsen Esmaeili]], have also examined this issue from the perspective of Shia jurisprudence.		The issue of Mintaqat al-Faragh, besides being discussed in the works of [[Muhammad Baqir al-Sadr]] and [[Mirza Mohammad-Hossein Gharavi Na'ini]], is also addressed in parts of books related to issues of governance and the legislative system in Islam. Books and articles have also been written independently on this theory in contemporary Shia jurisprudence. Among these books are ''Mintaqat al-Faragh dar Qanunguzari-ye Islami'' (Mintaqat al-Faragh in Islamic Legislation) by Abd al-Majid Qa'edi Lamerdi in Persian, and the book ''Mintaqat al-Faragh al-Tashri'i: Dirasah Muqaranah li-Ahamm al-'Anasir al-Marinah fi al-Shari'ah al-Islamiyyah'' by Falah Abd al-Hasan al-Dukhi in Arabic. Articles such as "The Theory of Mintaqat al-Faragh and Human Authority" by [[Haydar Hubballah]], "The Nature and Evidences of Mintaqat al-Faragh in Islamic Legislation" by Ali Rahmani-Fard and Abd al-Majid Qa'edi Lamerdi, and "Mintaqat al-Faragh as a Theory of Legislation" by Hasan Amini-Pazhuh and [[Mohsen Esmaeili]], have also examined this issue from the perspective of Shia jurisprudence.

	== footnotes ==		== footnotes ==

Sarfipour at 20:20, 12 December 2025

2025-12-12T20:20:55Z

Show changes

Sarfipour at 13:15, 12 December 2025

2025-12-12T13:15:52Z

← Older revision		Revision as of 13:15, 12 December 2025
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	[[Category:Articles by Mohammad Mahdi Emadi]]		[[Category:Articles by Mohammad Mahdi Emadi]]
	[[fa:منطقة الفراغ]]		[[fa:منطقة الفراغ]]
			[[Category:Books on the Fiqh of Expediency]]