Encyclopedia of Contemporary Jurisprudence

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'''Mintaqat al-Faragh''' (in arabic: [https://ency.feqhemoaser.com/fa/view/%D9%85%D9%86%D8%B7%D9%82%D8%A9_%D8%A7%D9%84%D9%81%D8%B1%D8%A7%D8%BA منطقة الفراغ]) is a theory by [[Muhammad Baqir al-Sadr]] according to which the Lawgiver permits the ruler of an Islamic society to enact binding laws within the sphere devoid of obligatory religious rulings (the domain of permissible acts), in order to secure the interests of the state. This theory seeks to harmonize Islamic Sharia with structural changes in human social life. According to jurisprudential researchers, this theory is the result of a systemic and governmental perspective on jurisprudence. The importance of this theory is attributed to its attention to the objectives of the Sharia (*Maqasid al-Sharia*) and the universality of Islamic rulings, as well as its function as a basis and support for the legislative system in the contemporary era.
'''Mintaqat al-Farāgh''' (Arabic: [https://ency.feqhemoaser.com/fa/view/%D9%85%D9%86%D8%B7%D9%82%D8%A9_%D8%A7%D9%84%D9%81%D8%B1%D8%A7%D8%BA منطقة الفراغ]) is a jurisprudential theory proposed by [[Muhammad Baqir al-Sadr]] in contemporary Shiʿi Islamic law. According to this theory, the Lawgiver grants the ruler of an Islamic society the authority to enact binding regulations in areas that are devoid of obligatory religious rulings, namely within the sphere of legally permissible acts, in order to secure the public interests of governance. The theory aims to provide a framework for harmonizing Islamic law with structural transformations in social life.


To prove the theory of Mintaqat al-Faragh, Sadr has cited the [[Verse of Ulu al-Amr|'''Qurʾan 4:59''']] regarding the necessity of obeying the guardian-ruler, and several narrations about the governmental rulings of the Prophet of Islam (s) and Imam Ali (a). According to this theory, the Lawgiver has delegated legislation in these "vacuum" areas to the *Wali al-Amr* (guardian of the people) or the ruler of the Islamic society and the legislative power, on the condition that it does not conflict with other Islamic rulings.
Scholars of Islamic jurisprudence describe Mintaqat al-Farāgh as the outcome of a systemic and governmental approach to fiqh. Its significance is commonly attributed to its emphasis on the objectives of the Sharia (*maqāṣid al-sharīʿa*), the universality of Islamic rulings, and its role as a conceptual foundation for legislation in the contemporary era.


Although the presentation of the Mintaqat al-Faragh theory is considered an innovation of Muhammad Baqir al-Sadr, its roots can be found in other works such as ''[[Tanbih al-Ummah wa Tanzih al-Millah]]'' by [[Mirza Mohammad-Hossein Gharavi Na'ini]], and also under the title *Mintaqat al-'Afw* (the zone of pardon) in the works of some Sunni thinkers.
In support of this theory, al-Sadr refers to the [[Verse of Ulu al-Amr|Qurʾanic verse on obedience to those in authority (Qurʾan 4:59)]] as well as several narrations concerning the governmental rulings of the Prophet Muhammad and Imam ʿAli. On this basis, legislation in areas lacking obligatory religious rulings is understood to be delegated to the *Wali al-Amr* (the legitimate authority of the community) or, in modern contexts, to legislative institutions, provided that such legislation does not conflict with other established Islamic rulings.


The Mintaqat al-Faragh theory has been criticized by some jurists. Contradiction with the comprehensiveness of the Sharia, the exclusivity of legislation to the Lawgiver, the impossibility of legislation by a non-Lawgiver, and the incompatibility of this theory with the philosophy behind the existence of the domain of permissible acts are among the criticisms leveled against this theory.
Although the formulation of the Mintaqat al-Farāgh theory is considered an innovation of Muhammad Baqir al-Sadr, its intellectual roots can be traced to earlier works, such as ''[[Tanbih al-Ummah wa Tanzih al-Millah]]'' by [[Mirza Mohammad-Hossein Gharavi Na'ini]], as well as to discussions found in Sunni jurisprudence under the title *Mintaqat al-ʿAfw* (the zone of pardon). The theory has also been subject to criticism by some jurists, who have raised objections concerning its compatibility with the comprehensiveness of the Sharia, the exclusivity of legislation to the Lawgiver, and the scope of authority granted to non-legislators.


== Explanation and Introduction of the Theory ==
== Explanation and Introduction of the Theory ==
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