Sayyid Mostafa Mohaghegh Damad: Difference between revisions
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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> | 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), | According to Mohaghegh Damad, although the finality of prophethood (Khatamiyyah), i.e. the end of the line of prophets, is religiously and rationally accepted, the endurance of Sharia, i.e. the continued validity of Islamic laws and rulings until Judgment Day, is a different matter that requires a separate basis and reasoning in another way. This endurance could not be considered merely a direct result of the finality of prophethood, as these two entity have independent natures. According to him, if the endurance of Sharia 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, meaning a scientific effort to deduce Sharia rulings from religious sources while considering the circumstances 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 == | ||