Sayyid Mostafa Mohaghegh Damad: Difference between revisions
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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. | ||
== The Necessity of | == The Necessity of Reviewing Fiqh and Usul, and Reconsidering Ijtihad == | ||
According to Mohaghegh Damad, Ijtihad, as a rational process of deducing rulings, is inherently fallible; because it is based on human understanding of religious sources, and human understanding | According to Mohaghegh Damad, Ijtihad, as a rational process of deducing rulings, is inherently fallible; because it is based on human understanding of religious sources, and human understanding is not immune to error however precise and systematic it is. This fallibility in Ijtihad is not a defect, but rather indicates the dynamism of Fiqh and the capability to reform it.<ref>Mohaghegh Damad, "Fallibility in Ijtihad," pp. 313–324.</ref> | ||
Emphasizing the necessity of rethinking Fiqh foundations, Mohaghegh Damad presents a rationalist and transformative perspective on Ijtihad. He considers the [[Philosophy of Fiqh]] as a tool for a deeper understanding of the epistemological structures of Fiqh and emphasizes the [[Role of time and space in Ijtihad|role of time and space in the transformation of rulings]] and the necessity of attending to the [[Maqasid al-Shari'ah]] (Objectives | Emphasizing the necessity of rethinking Fiqh foundations, Mohaghegh Damad presents a rationalist and transformative perspective on Ijtihad. He considers the [[Philosophy of Fiqh]] as a tool for a deeper understanding of the epistemological structures of Fiqh and emphasizes the [[Role of time and space in Ijtihad|role of time and space in the transformation of rulings]] and the necessity of attending to the [[Maqasid al-Shari'ah]] (Sharia Objectives). In his view, Ijtihad should be gone beyond traditional frameworks to include philosophical and rational methods to meet the new needs of society.<ref>Mohaghegh Damad et al., "Philosophy of Fiqh," pp. 11–121; "The Role of the Element of Time and Space in Shi'ite Ijtihad," pp. 46–55.</ref> | ||
According to Mohaghegh Damad, the finality of prophethood (Khatamiyyah), meaning the end of the line of prophets, is accepted | According to Mohaghegh Damad, the finality of prophethood (Khatamiyyah), meaning the end of the line of prophets, is religiously and rationally accepted; however, the endurance of Sharia, meaning the continued validity of Islamic laws and rulings until the Day of Judgment, is a different matter requiring independent reasoning and a separate basis. This endurance cannot be considered merely a direct result of the finality of prophethood, as these two institutions have independent natures. According to him, if the endurance of Shari'ah is understood as the absolute stability of laws, it seems inconsistent with historical changes and social transformation; the solution to this conflict lies in the institution of Ijtihad—an Ijtihad that is a scientific effort to deduce Shari'ah rulings based on religious sources while considering the conditions of time and space.<ref>Mohaghegh Damad, "Challenges of Fiqhi Criminal Legislation."</ref> | ||
== Suspension of Hudud in the Age of Occultation == | == Suspension of Hudud in the Age of Occultation == | ||