Sayyid Mostafa Mohaghegh Damad: Difference between revisions
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The prohibition of hoarding also, from his perspective, is based on the reasonable analysis. citing to the religious texts as supportive evidence, he considers this prohibition to extend beyond four or six items mentioned in Fiqhi works and includes any commodity that causes loss to the people and trouble in social order.<ref>Mohaghegh Damad, Illicit Acquisition of Wealth in Islamic Law, pp. 44–58.</ref> | The prohibition of hoarding also, from his perspective, is based on the reasonable analysis. citing to the religious texts as supportive evidence, he considers this prohibition to extend beyond four or six items mentioned in Fiqhi works and includes any commodity that causes loss to the people and trouble in social order.<ref>Mohaghegh Damad, Illicit Acquisition of Wealth in Islamic Law, pp. 44–58.</ref> | ||
Regarding playing with gambling instruments such as chess and backgammon, Mohaghegh Damad states that if the gambling feature is removed from them due to social changes, their prohibition can be lifted and may be regarded as permissible.<ref>Mohaghegh Damad, Illicit Acquisition of | Regarding playing with gambling instruments such as chess and backgammon, Mohaghegh Damad states that if the gambling feature is removed from them due to social changes, their prohibition can be lifted and may be regarded as permissible.<ref>Mohaghegh Damad, Illicit Acquisition of Property in Islamic Law, pp. 182–197.</ref> | ||
The main goals of prohibition of Riba, he says, are the prevention of oppression and economic abuse, and steering people toward productive and useful activities, rather than merely the unregulated increase of capital. Distinguishing between the "cause" ('Illah) and the "wisdom" (Hikmah) of the prohibition of Riba, he argues that if the real cause of the prohibition is preventing of oppression, the presumption of innocence can justify the legitimacy of some types of Riba, such as [[Production-oriented Riba]]. furthermore, some usury transactions might be deemed legitimate by altering the subject or the object of the ruling.<ref>Mohaghegh Damad, Illicit Acquisition of Property in Islamic Law, pp. 217–281.</ref> | |||
Mohaghegh Damad does not consider the prohibition of [[Non-judicial Bribery|bribery]] to be exclusive to the judiciary, but also considers government officials to be subject to this prohibition.<ref>Mohaghegh Damad, Illicit Acquisition of Property in Islamic Law, pp. 295–299.</ref> | |||
== Fiqh of Human Rights == | == Fiqh of Human Rights == | ||