Sayyid Mostafa Mohaghegh Damad: Difference between revisions
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== Akhund Khurasani's School of Fiqh and Usul== | == Akhund Khurasani's School of Fiqh and Usul== | ||
Mohaghegh Damad considers Sheikh Ansari's inclination toward rational and philosophical discussions to be one of his outstanding merits and believes that his students, including [[Mohammad-Kazem Akhund Khorasani|Akhund Khorasani]], also tend to this procedure. This is represented in the works of Akhund's students such as [[Muhaqqiq Isfahani]], [[Mohammad-Hossein Gharavi Na'ini|Mirza Na'ini]], and Aqa Zia Iraqi.<ref>Mohaghegh Damad, Akhund Khurasani's School of Jurisprudence, pp. 43–44.</ref> According to him, Akhund Khorasani's Ijtihad was | Mohaghegh Damad considers Sheikh Ansari's inclination toward rational and philosophical discussions to be one of his outstanding merits and believes that his students, including [[Mohammad-Kazem Akhund Khorasani|Akhund Khorasani]], also tend to this procedure. This is represented in the works of Akhund's students such as [[Muhaqqiq Isfahani]], [[Mohammad-Hossein Gharavi Na'ini|Mirza Na'ini]], and Aqa Zia Iraqi.<ref>Mohaghegh Damad, Akhund Khurasani's School of Jurisprudence, pp. 43–44.</ref> According to him, Akhund Khorasani's Ijtihad was aد "Art-oriente Ijtihad" characterized by the following features: | ||
* Establishing a principle or rule before examining primary sources | * Establishing a principle or rule before examining primary sources | ||
* Adapting the content of evidence | * Adapting the content of evidence to the established principle | ||
* | * Putting the rules of Usul al-Fiqh at the center of inference process | ||
* Using philosophical | * Using philosophical ideas to clarify the point of contention and reach a conclusion | ||
* | * writing in a professional and concise manner required commentaries for deeper understanding | ||
* Expanding the domain of | * Expanding the domain of Sharia to include individual and social dimensions (maximalist religion).<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 108–109.</ref> | ||
=== The Principle of Justice and Human Dignity in the School of Akhund Khorasani === | === The Principle of Justice and Human Dignity in the School of Akhund Khorasani === | ||
Mohaghegh Damad's analysis contains two principles of [[Rule of Justice|Justice]] and [[Human Dignity]], derived from Quranic teachings and human reason, as "pre-Fiqhi principles"; it means establishing these principles over Fiqhi evidence, not co-equal or in conflict with them.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 216 and 256.</ref> To explain Akhund Khorasani's view on the principle of human dignity, he explains Akhond's position on the issue of the "permissibility of a Muslim's endowment (Waqf) for a Kafir" to the effect that Akhond considers such an endowment correct by citing Quranic verses about doing good and charity.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 266.</ref> Akhund is of opinion that only the friendly relationship with belligerent kafirs is prohibited, and others have human dignity from the perspective of Sharia.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 267.</ref> | |||
=== Limitation of the Authority (Wilayah) of the Prophet, Imam, and Faqih from the Perspective of Akhund Khorasani === | === Limitation of the Authority (Wilayah) of the Prophet, Imam, and Faqih from the Perspective of Akhund Khorasani === | ||
Mohaghegh Damad, citing the theories of Akhund Khorasani, limits the Wilayah of the Prophet and the Imams only to general and important matters related to politics, and in minor issues such as deprivation of ownership, marriage, or matters outside the public interests of society, they have no Wilayah; consequently, the Wilayah of the Faqih is also limited in terms of the scope of authority to major Shari'ah and political issues and cannot be extended to the private and individual affairs of the people.<ref>Mohaghegh Damad, | Mohaghegh Damad, citing the theories of Akhund Khorasani, limits the Wilayah of the Prophet and the Imams only to general and important matters related to politics, and in minor issues such as deprivation of ownership, marriage, or matters outside the public interests of society, they have no Wilayah; consequently, the Wilayah of the Faqih is also limited in terms of the scope of authority to major Shari'ah and political issues and cannot be extended to the private and individual affairs of the people.<ref>Mohaghegh Damad, Akhund Khorasani's school of jurisprudence, pp. 290–294.</ref> | ||
== The Fiqhi Nature of Therapeutic and Medical Contracts == | == The Fiqhi Nature of Therapeutic and Medical Contracts == | ||