Sayyid Mostafa Mohaghegh Damad

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=== 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 between man and woman. 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 [[~~Signatory~~ Rulings|~~signatory~~ (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~~; just~~ as ~~today,~~ payment of Diyah in ~~Rial~~ is common. Mohaghegh Damad argues that ~~justifying~~ the half-Diyah ~~of a woman~~ by citing the economic status of ~~the man is devoid of merit and acceptability in current conditions where women have active social, political, and economic roles~~. ~~Considering~~ the absolute nature of the Diyah verse, the variety of narrations, the diversity of Diyah criteria among different peoples, 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 Diyah payment depend on social developments and its ruling is judicial and governmental, not a fixed Shari'ah one.<ref>Mohaghegh Damad, Argumentative Comparative Criminal Fiqh, pp. 71–73; Mohaghegh Damad, "Separation of Judicial Narrations from Fiqhi Narrations," pp. 49–74.</ref>

In the discussion of [[Equality of Diyah between Woman and Man]] in Islam, Mohaghegh Damad points to the "signed" (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 between man and woman. 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 absolute nature of the Diyah verse, the variety of narrations, the diversity of Diyah criteria among different peoples, 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 Diyah payment depend on social developments and its ruling is judicial and governmental, not a fixed Shari'ah 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 ==

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 === 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 between man and woman. 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 [[Signatory Rulings|signatory (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; just as today, payment of Diyah in Rial is common. Mohaghegh Damad argues that justifying the half-Diyah of a woman by citing the economic status of the man is devoid of merit and acceptability in current conditions where women have active social, political, and economic roles. Considering the absolute nature of the Diyah verse, the variety of narrations, the diversity of Diyah criteria among different peoples, 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 Diyah payment depend on social developments and its ruling is judicial and governmental, not a fixed Shari'ah one.<ref>Mohaghegh Damad, Argumentative Comparative Criminal Fiqh, pp. 71–73; Mohaghegh Damad, "Separation of Judicial Narrations from Fiqhi Narrations," pp. 49–74.</ref>
+In the discussion of [[Equality of Diyah between Woman and Man]] in Islam, Mohaghegh Damad points to the "signed" (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 between man and woman. 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 absolute nature of the Diyah verse, the variety of narrations, the diversity of Diyah criteria among different peoples, 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 Diyah payment depend on social developments and its ruling is judicial and governmental, not a fixed Shari'ah 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 ==

Sayyid Mostafa Mohaghegh Damad: Difference between revisions