Sayyid Mostafa Mohaghegh Damad: Difference between revisions
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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 | 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 Property 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 presents novel views in the fields of Fiqh, Usul, and their comparative studies with law. | In these works, Mohaghegh Damad presents novel views in the fields of Fiqh, Usul, and their comparative studies with law. | ||
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=== Woman's Diyah as a Judicial and Sovereign Affair === | === Woman's Diyah as a Judicial and Sovereign Affair === | ||
In the discussion of [[Equality of Diyah between Woman and Man]] in Islam, Mohaghegh Damad points to the "signatory" (Imda'i) nature of rulings related to Diyah that could change in the Islamic law. He thinks [[Verse 92 of Sura an-Nisa]] simply concerned with paying blood money and does not state any rule about the amount of Diyah or difference | In the discussion of [[Equality of Diyah between Woman and Man]] in Islam, Mohaghegh Damad points to the "signatory" (Imda'i) nature of rulings related to Diyah that could change in the Islamic law. He thinks [[Verse 92 of Sura an-Nisa]] simply concerned with paying blood money and does not state any rule about the amount of Diyah or its difference for men and women. Examination of Hadiths also shows that the Prophet Muhammad (PBUH) determined Diyah of murder based on criteria such as camels, cows, sheep, Dinars, and Dirhams that are of [[signed Rulings|signed (Imda'i) rulings]] rather than "establishmed" (Ta'sisi) ones. This means that they would have confirmed by Sharia if they have been customary in the age of the Prophet (PBUH); so they are capable of change if the custom changes, as nowadays in Iran payment of Diyah in Rials is common. considering nowadays circumstances when women have active social, political, and economic roles, Mohaghegh Damad argues that it is unacceptable and unrighteous to justify the being half of Diyah's women by citing the economic status of men. based on the absoluteness of Diyah ruling in the Quranic verse, the divergence between Hadiths, the diversity of Diyah criteria among tribes and nations, and the signatory nature of the Diyah ruling, he concludes that the principle of compensation for damages is definitive and permanent, but the amount and method of paying Diyah depend on social developments and its ruling is a Judicial and Sovereign Affair, not an unalterable Sharia one.<ref>Mohaghegh Damad, Argumentative Comparative Criminal Fiqh, pp. 71–73; Mohaghegh Damad, "Separation of Judicial Narrations from Fiqhi Narrations," pp. 49–74.</ref> | ||
== Customary Nature of Pyramid Schemes, Chess, Hoarding, Riba, and Bribery == | == Customary Nature of Pyramid Schemes, Chess, Hoarding, Riba, and Bribery == | ||
The Fiqhi maxim "illicit acquisition of property" (Akl al-mal bi-al-batil), in his opinion, is a customary matter and depends on the customary nature of transactions, in such a way that this rule applies to any transaction considered unfair by custom, such as [[Pyramid Schemes]].<ref>Mohaghegh Damad, Illicit Acquisition of property in Islamic Law, pp. 21–28.</ref> | |||
The prohibition of hoarding also, from his perspective, is | The prohibition of hoarding also, from his perspective, is based on the reasonable analysis. citing to the religious texts as supportive evidence, he considers this prohibition to extend beyond four or six items mentioned in Fiqhi works and includes any commodity that causes loss to the people and trouble in social order.<ref>Mohaghegh Damad, Illicit Acquisition of Wealth in Islamic Law, pp. 44–58.</ref> | ||
Regarding playing with gambling instruments such as chess and backgammon, Mohaghegh Damad states that if | Regarding playing with gambling instruments such as chess and backgammon, Mohaghegh Damad states that if the gambling feature is removed from them due to social changes, their prohibition can be lifted and may be regarded as permissible.<ref>Mohaghegh Damad, Illicit Acquisition of Property in Islamic Law, pp. 182–197.</ref> | ||
The main goals of prohibition of Riba, he says, are the prevention of oppression and economic abuse, and steering people toward productive and useful activities, rather than merely the unregulated increase of capital. Distinguishing between the "cause" ('Illah) and the "wisdom" (Hikmah) of the prohibition of Riba, he argues that if the real cause of the prohibition is preventing of oppression, the presumption of innocence can justify the legitimacy of some types of Riba, such as [[Production-oriented Riba]]. furthermore, some usury transactions might be deemed legitimate by altering the subject or the object of the ruling.<ref>Mohaghegh Damad, Illicit Acquisition of Property in Islamic Law, pp. 217–281.</ref> | |||
Mohaghegh Damad does not consider the prohibition of [[Non-judicial Bribery|bribery]] to be exclusive to the judiciary, but also considers government officials to be subject to this prohibition.<ref>Mohaghegh Damad, Illicit Acquisition of Property in Islamic Law, pp. 295–299.</ref> | |||
== | == Human Rights Fiqh == | ||
=== | === Reviewing Islamic Fiqh in the Light of Human Dignity and Rationality === | ||
Mohaghegh Damad emphasizes that in the case of a humanistic and rational interpretation of religious texts, the Islamic | Mohaghegh Damad emphasizes that in the case of a humanistic and rational interpretation of religious texts, the Islamic community can converge with the world civil community. Accordingly, he suggests that instead of confrontation with modern concepts of human rights, Muslims should choose a synthetic and comparative approach emphasizing existing capacities in Islamic jurisprudence. | ||
Based on rules such as the [[Rule of Justice|Rule of Justice]], [[Rule of Benevolence|Rule of Benevolence]] (Ihsan), [[Human Dignity]], and fulfillment of agreements he shows that preserving the [[Rights of Religious Minorities]] is not only possible but necessary. He considers respect for minorities as a sign of intellectual and moral maturity in the Islamic community and believes that there are ideas in Imami Fiqh for reinforcing this position.<ref>Mohaghegh Damad, "Observance of International Humanitarian Laws," pp. 67–82; Mohaghegh Damad, "Islam and the Call of Religions to Observe the Right of Human Dignity," pp. 17–24.</ref> | |||
=== Relations of Muslims with Others in War and Peace === | === Relations of Muslims with Others in War and Peace === | ||
Mohaghegh Damad believes that the relations between Muslims and non-Muslims is based on peaceful coexistence in principle; fighting is an anomalous situation, and the sanctity of human blood is caused by humanity itself. Killing is permissible only in two cases: committing murder or corruption on the earth (Ifsad fi-al-Ard). And even in Islamic wars killing is permissible if it constitutes an act of defense or a measure to counter corruption.<ref>Mohaghegh Damad, International Humanitarian Law; An Islamic Approach, pp. 185–187.</ref> He clarifies that this rule is not applied if non-Muslims and Muslims live together in peace or neutrality. Furthermore, some solitary hadiths that conflict with Quranic verses in this regard can not restrict or bind the verses.<ref>Mohaghegh Damad, International Humanitarian Law; An Islamic Approach, pp. 188–208.</ref> | |||
His view regarding the demarcation of Dar al-Islam (Islamic lands) and Dar al-Kufr (infidelity lands) in this time is based on the conception of nationality that based on the faith. The world is divided into two parts: Dar al-Islam and Dar al-Harb. Dar al-Islam is a land where Muslims enjoy religious freedom, personal and financial security, and social activities. Despite the complexity of geographical borders in today's world, Islam recognizes conventional borders as far as necessary and assigns specific legal effects to them. Until the realization of the global ideal of Islam, these two systems of demarcation (Islamic and conventional) will exist simultaneously.<ref>Mohaghegh Damad, International Humanitarian Law; An Islamic Approach, p. 220.</ref> | |||
== Footnotes == | == Footnotes == | ||