Sayyid Mostafa Mohaghegh Damad: Difference between revisions
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In his Fiqhi works, Mohaghegh Damad considers marriage in Imami Fiqh not merely a legal contract, but a devotional and moral entity that pursues goals beyond fulfilling individual needs. According to him, Quranic concepts such as affection (Mawaddah), mercy (Rahmah), and tranquility (Sakinah) should be mentioned in the legal definition of marriage in the Civil Code of Iran so that this entity may regain its proper place. He calls for a revision of the legal definition of marriage based on Quranic teachings.<ref>Mohaghegh Damad and Dadmarzi, "Comparative Study of the Nature of Marriage in Fiqh and Positive Law," p. 94.</ref> Citing the [[Rule of No-Hardship|Rule of No-Hardship]] (La Haraj) and the rules of [[Expediency Rule|Expediency]] (Maslahah) and the [[Rule of Justice|Justice]], he suggests that the requirement of religious and denominational compatibility in marriage be reviewed in light of social developments and changing status of women.<ref>Mohaghegh Damad et al., "The Validity of the Requirement of Religious and Denominational Compatibility in Marriage in the Law of Iran, Egypt, and Lebanon," p. 25.</ref> | In his Fiqhi works, Mohaghegh Damad considers marriage in Imami Fiqh not merely a legal contract, but a devotional and moral entity that pursues goals beyond fulfilling individual needs. According to him, Quranic concepts such as affection (Mawaddah), mercy (Rahmah), and tranquility (Sakinah) should be mentioned in the legal definition of marriage in the Civil Code of Iran so that this entity may regain its proper place. He calls for a revision of the legal definition of marriage based on Quranic teachings.<ref>Mohaghegh Damad and Dadmarzi, "Comparative Study of the Nature of Marriage in Fiqh and Positive Law," p. 94.</ref> Citing the [[Rule of No-Hardship|Rule of No-Hardship]] (La Haraj) and the rules of [[Expediency Rule|Expediency]] (Maslahah) and the [[Rule of Justice|Justice]], he suggests that the requirement of religious and denominational compatibility in marriage be reviewed in light of social developments and changing status of women.<ref>Mohaghegh Damad et al., "The Validity of the Requirement of Religious and Denominational Compatibility in Marriage in the Law of Iran, Egypt, and Lebanon," p. 25.</ref> | ||
=== Rational and Humanistic | === Examination of Stoning from Rational and Humanistic Perspective === | ||
Mohaghegh Damad believes that | Mohaghegh Damad believes that stoning is not proven in Quran as a enforceable Shari'ah ruling and is mainly based on hadiths. Analyzing Fiqhi and Quranic sources precisely, he emphasizes that severe criminal rulings like stoning must not be implemented without rational examination and observing the principles of justice and humanity. In interpreting rulings, he believes, one should attend to the spirit of Quran and the goals of Shari'ah, rather than merely the appearance of Hadiths.<ref>Mohaghegh Damad and Nikkhu, "Public Implementation of Islamic Punishments," pp. 79–100.</ref> | ||
== Criminal Fiqh == | == Criminal Fiqh == | ||