Sayyid Mostafa Mohaghegh Damad: Difference between revisions
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== 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 Wealth in Islamic Law, pp. 182–197.</ref> | ||
In the discussion of Riba, the author considers the main goal of its prohibition to be the prevention of oppression, 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 oppression is the real cause of the prohibition, the practical principle of innocence can justify the legitimacy of some types of Riba, such as [[Production-oriented Riba]]. Also, by changing the subject or the object of the ruling, the possibility of legitimizing some ribawi transactions is provided.<ref>Mohaghegh Damad, Illicit Acquisition of Wealth in Islamic Law, pp. 217–281.</ref> | In the discussion of Riba, the author considers the main goal of its prohibition to be the prevention of oppression, 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 oppression is the real cause of the prohibition, the practical principle of innocence can justify the legitimacy of some types of Riba, such as [[Production-oriented Riba]]. Also, by changing the subject or the object of the ruling, the possibility of legitimizing some ribawi transactions is provided.<ref>Mohaghegh Damad, Illicit Acquisition of Wealth in Islamic Law, pp. 217–281.</ref> | ||