Fiqh Quarterly Journal

Author: Alireza Salehi

• abstract

The Fiqh (jurisprudence) Quarterly (in persian: فصلنامه فقه) (previous name: Kāvushī Nu dar Fiqh (a new exploration in jurisprudence)) is a scientific-research journal on new jurisprudential issues, owned by the Islamic Sciences and Culture Academy. This journal has been published to enhance the capabilities of jurisprudence for entering the governmental and social spheres of the contemporary era. The Fiqh quarterly holds significance and a prominent position in contemporary jurisprudence due to its focus on emerging issues and topics such as governmental rulings, legal personality, modern medical rulings (medical jurisprudence), the role of custom in jurisprudence, rulings on hijab (whether it is mandated or not), the majority opinion, and etc. Contributors to this journal include Mohammad Ibrāhīm Jannātī, Abulqāsim Ali-Dūst, Sayyid Mohammad-Ali Āyāzī, Mohammad-Mahdī Āṣifī, Sayyid Ḍiyā’ Murtaḍavī, Mohammad-Hādī Ma‘rifat and Sayyid ‘Abbās Mūsavīyān. Naqd va Barrisī-yi Adilli-yi Fiqhī-yi Ilzām-i Ḥukūmatī-yi Ḥijāb (critique and analysis of jurisprudential reasons for the governmental enforcement of hijab), Niẓārat bar Qudrat dar Fiqh (oversight of power in jurisprudence), Chālishhā-yi Ijtimā‘ī va ‘Ilmī-yi Shabīhsāzī-yi Insān (social and scientific challenges of human cloning), Barrisī-yi Manābi‘-i Fiqhī-yi Rajm (Sangsār) Thubūtan va Ithbātan (examination of jurisprudential sources of stoning in terms of affirmation and proof), Ḥujjīyyat-i Dhātī-yi Banāhā-yi ‘Uqalā’ī va Ta’thīr-i ān dar Fiqh va Uṣūl (the inherent validity of rational constructs and their impact on jurisprudence and its principles), and I‘tibār-i Ra’y-i Aktharīyyat dar Partu-i Kitāb va Sunnat (the validity of the majority vote in light of the Quran and Sunnah) are among the important articles of this journal.

Introduction

The Fiqh Quarterly is a scholarly-research journal published under the ownership of the Islamic Sciences and Culture Academy, affiliated with the Islamic Preaching Office of the Qom Seminary. From its inception in 1373 SH (1994-1995) until issue number 93, it was published under the title Kāvushī Nu dar Fiqh (a new exploration in jurisprudence); however, since 1397 SH (2018-2019), it has been published under the new name of Fiqh Quarterly. In 1394 SH (2015-2016), based on a resolution by the Council for Granting Scientific Licenses and Rankings, this journal was awarded an academic-research ranking, which applies to issue number 75 and subsequent issues, that is from Spring 2013 onwards. The Fiqh Quarterly was established by a few authors of the Hawzah journal. According to these authors, due to the limitations in the pages of the Hawzah journal and, on the other hand, the vastness of emerging jurisprudential issues, there was the need for a new space for jurisprudential research. For this reason, initially the Fiqh book and later the Kāvushī Nu dar Fiqh quarterly were introduced with the aim of transforming school-based jurisprudence into society-oriented jurisprudence. This journal is published with the aim of safeguarding the scholarly jurisprudential frameworks of the system of the Islamic Republic of Iran, providing reasoned responses to minor, major, and widespread jurisprudential issues in the Islamic society, and enhancing the capability of jurisprudence to engage in the governmental and social spheres of the present era.

Position and influence in contemporary jurisprudence

Because of covering various topics and issues related to contemporary jurisprudence such as governmental rulings, medical rulings, rulings on trade in the modern era, rulings on issues of women and family and etc., the Fiqh Quarterly has a special position and influence in contemporary jurisprudence. Another reason for the importance of this journal in contemporary jurisprudence is that its articles are authored by renowned jurists, thinkers and experts in the field of contemporary jurisprudence. Additionally, the fact that the articles of this journal serve as authoritative and reliable references in researches related to contemporary jurisprudence can be considered another reason for its significance in this field.

Well-known authors

Numerous experts and thinkers have contributed to the Fiqh Quarterly, some of the most prominent among whom are:

• Sayyid Mohammad-Ali Ayāzī
• Mohammad-Mahdī Āṣifī
• ‘Abd al-Riḍā Īzadpanāh
• Sayyid Sajjād Īzdihī
• Sayyid Hasan Islāmī
• Mohammad-Ibrāhīm Jannātī
• Hasan Javāhirī
• Ali-Riḍā A‘rāfī
• ‘Abd al-Hossein Khusrupanāh
• Mohammad-Taqī Akbarnizhād
• Mas‘ūd Imāmī
• Sa‘īd Ḍiyā’īfar
• Ni‘matullāh Ṣāliḥī Najafābādī
• Ahmad ‘Ābidī
• Ahmad ‘Ābidīnī
• Sayfullāh Ṣarāmī
• Mohammad-Ali Qāsimī
• Kāẓim Qāḍīzādih
• Najaf Lakzā’ī
• Ahmad Moballighī
• Abulqāsim Ali-Dūst
• Sayyid Javād Vara‘ī
• Raḥīm Nūbahār
• Sayyid Ḍiyā’ Murtaḍavī
• Mohammad-Hādī Ma‘rifat
• Sayyid ‘Abbās Mūsavīān
• Mohammad Mū’min

Topics and some important articles

Topics

The important topics addressed by the Fiqh Quarterly are as follows:

• Seeing the crescent with armed eyes
• Mandating hijab
• Majority vote
• Rulings on banking
• Islamic economics
• Freedom of thought and freedom of belief
• Implementation of hudud (prescribed penalties) during the Occultation
• Validity of new constructs of intellectuals
• Governmental law
• Governmental jurisprudence
• Political jurisprudence
• Rulings on issues of women and family (family law)
• Powers of the Islamic ruler
• Rulings on modern contracts and trade
• Apostasy
• Consultative Ijtihad
• Spying
• Invasion of privacy
• Protecting the political system
• Human rights
• Legal personality
• Medical jurisprudence
• The role of custom in jurisprudence
• Islamic penal code
• Rulings on retribution (qiṣāṣ)
• Rulings on judgment
• Rulings on endowments (Waqf)
• Vilayat al-Faqih (guardianship of the jurist)
• Objectives of the Islamic law (Maqāṣid al-Sharī‘ah)

Important articles

Some of the important articles of the Fiqh Quarterly, relevant to issues of contemporary jurisprudence, have been mentioned below:

• Naqd va Barrisī-yi Adilli-yi Fiqhī-yi Ilzām-i Ḥukūmatī-yi Ḥijāb (critique and analysis of the jurisprudential reasons for the governmental enforcement of hijab), by Sayyid Mohammad-Ali Ayāzī
• Niẓārat bar Qudrat dar Fiqh (oversight of power in jurisprudence), by Sayyid Sajjād Īzdihī
• Chālishhā-yi Ijtimā‘ī va ‘Ilmī-yi Shabīhsāzī-yi Insān (social and scientific challenges of human cloning), by Sayyid Hasan Islāmī
• Barrisī-yi Manābi‘-i Fiqhī-yi Rajm (Sangsār) Thubūtan va Ithbātan (examination of the jurisprudential documents for stoning in terms of affirmation and proof), by Mohammad-Ibrāhīm Jannātī
• Taqsīm-i Janīnī va Shabīhsāzī (embryo splitting and cloning), by Hasan Javāhirī
• Ḥujjīyyat-i Dhātī-yi Banāhā-yi ‘Uqalā’ī va Ta’thīr-i ān dar Fiqh va Uṣūl (the intrinsic validity of rational constructs and their effect on jurisprudence and its principles), by Mohammad-Taqī Akbarnizhād
• I‘tibār-i Ra’y-i Aktharīyyat dar Partu-yi Kitāb va Sunnat (validity of the majority vote in light of the Quran and the Sunnah), by Mas‘ūd Imāmī
• Barrisī-yi Fiqhī-yi Aḥkām-i Bānk (jurisprudential examination of banking rulings), by Sayyid Mohammad-Bāqir Ṣadr
• Pazhūhishī dar Ḥukm-i Fiqhī-yi Fīltir (Shabakihā-yi Tilvizīyūnī va Ṣafahāt-i Web va Shabakihā-yi Ijtimā‘ī-yi Majāzī) (a study about the jurisprudential ruling on filtering (television channels, web pages, and virtual social networks)), by Siyfullāh Ṣarāmī
• Ḥukm-i Namāz va Rūzi-yi Musāfir dar ‘Aṣr-i Jadīd (the ruling on the travelers’ prayer and fasting in the modern era), by Ahmad ‘Ābidīnī
• Fiqh-i Pizishkī; Chīstī, Chirāyī va Chigūnigī (medical jurisprudence; its nature, reasons and methodology), by Mohammad-ʿAlī Qāsimī
• Ghinā az Dīdgāh-i Islām (music from the perspective of Islam), by Kāẓim Qāḍīzādih
• Manābi‘-i Fiqh-i Sīyāsī (sources of political jurisprudence), by Ahmad Muballighī
• Dārā-Shudan-i Nā‘ādilāni va Bilājahat dar Niẓām-i Ḥuqūqī-yi Īrān va Muqāyisi-yi ān bā Akl-i Māl bi Bāṭil (unjust and groundless enrichment in the Iranian legal system and comparing it with illegitimate acquisition of property), by Abulqāsim Ali-Dūst
• Darāmadī bar Fiqh-i Muḥīṭ-i Zīst (an introduction to environmental jurisprudence), by Muḥsin ‘Amīq
• Ijtihād va Iftā-yi Shūrāyī (consultative issuance of fatwas and ijtihad), Sayyid Javād Vara‘ī
• Imkānsanjī-yi Fiqhī-yi Guḏār az Mujāzāthā-yi Badanī (study of the jurisprudential feasibility of transitioning from corporal punishments), by Raḥīm Nūbahār
• Chishm-i Musallaḥ va Ru’yat-i Hilāl (armed eye and the sighting of the crescent moon), by Riḍā Mukhtārī
• Darāmadī bar Mabānī-yi Kullī-yi Fiqhī-yi Ḥijāb va Maṣ’ūlīyyat-i Duwlat (an introduction to the general jurisprudential foundations of hijab and the responsibility of the government), by Sayyid Ḍiyā’ Murtaḍavī
• Mabānī va Adilli-yi I‘tibār-i Shar‘ī-yi Shakhṣīyyat-i Ḥuqūqī (foundations and reasons for the legal validity of the legal personality), by Sayyid Ḍiyā’ Murtaḍawī
• Barrisī-yi Fiqhī-Iqtiṣādī-yi Abzārhā-yi Jāyguzīn-i Awrāq-i Qarḍi (a jurisprudential-economic examination of the instruments alternative to bonds), by Sayyid ‘Abbās Mūsavīyān
• Barrisī-yi Fiqhī-yi Fa‘ālīyyathā-yi Murtabiṭ bā Shirkathā-yi Hiramī (a jurisprudential examination of the activities related to pyramid schemes), by Mohammad Mū’min

References

1. Website of the Fiqh Quarterly