Sayyid Mostafa Mohaghegh Damad: Difference between revisions
| (One intermediate revision by the same user not shown) | |||
| Line 58: | Line 58: | ||
| category of the works on the subject = | | category of the works on the subject = | ||
}} | }} | ||
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. | ||
| Line 148: | Line 148: | ||
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> | 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 == | ||