Sayyid Mostafa Mohaghegh Damad: Difference between revisions
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Mohaghegh Damad's analysis contains two principles of [[Rule of Justice|Justice]] and [[Human Dignity]], derived from Quranic teachings and human reason, as "pre-Fiqhi principles"; it means establishing these principles over Fiqhi evidence, not co-equal or in conflict with them.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 216 and 256.</ref> To explain Akhund Khorasani's view on the principle of human dignity, he explains Akhond's position on the issue of the "permissibility of a Muslim's endowment (Waqf) for a Kafir" to the effect that Akhond considers such an endowment correct by citing Quranic verses about doing good and charity.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 266.</ref> Akhund is of opinion that only the friendly relationship with belligerent kafirs is prohibited, and others have human dignity from the perspective of Sharia.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 267.</ref> | Mohaghegh Damad's analysis contains two principles of [[Rule of Justice|Justice]] and [[Human Dignity]], derived from Quranic teachings and human reason, as "pre-Fiqhi principles"; it means establishing these principles over Fiqhi evidence, not co-equal or in conflict with them.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 216 and 256.</ref> To explain Akhund Khorasani's view on the principle of human dignity, he explains Akhond's position on the issue of the "permissibility of a Muslim's endowment (Waqf) for a Kafir" to the effect that Akhond considers such an endowment correct by citing Quranic verses about doing good and charity.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 266.</ref> Akhund is of opinion that only the friendly relationship with belligerent kafirs is prohibited, and others have human dignity from the perspective of Sharia.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 267.</ref> | ||
=== | === Limitedness of the Guardianship (Wilayah) of the Prophet, Imam, and Faqih from the Perspective of Akhund Khorasani === | ||
Citing to Akhund Khorasani's positions, Mohaghegh Damad is of opinion that Prophet and Imams guardianship (wilayah) is limited only to general and important political matters, and they have no Wilayah in minor issues such as expropriation, marriage, or matters outside the public interests of society. consequently, Wali Faqih's authorities is also limited to macro-issues in Shari'ah and political areas and cannot interfere in people's private and personal rights.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 290–294.</ref> | |||
== The Fiqhi Nature of Therapeutic and Medical Contracts == | == The Fiqhi Nature of Therapeutic and Medical Contracts == | ||