Important Jurisprudential Discourses (book): Difference between revisions
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The book consists of an introduction and 10 main discussions, which can be categorized under three primary themes: individual acts of worship, social rulings, and newly-arisen issues. The topics are as follows: | The book consists of an introduction and 10 main discussions, which can be categorized under three primary themes: individual acts of worship, social rulings, and newly-arisen issues. The topics are as follows: | ||
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# The Ruling on Sacrifice in the Modern Era (pp. 9-48) | # The Ruling on Sacrifice in the Modern Era (pp. 9-48) | ||
# Rulings on Ghināʾ (Singing) (pp. 49-77) | # Rulings on Ghināʾ (Singing) (pp. 49-77) | ||
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# The Guardianship of the Jurist (Wilāyat al-Faqīh) and its Limits (pp. 389-583) | # The Guardianship of the Jurist (Wilāyat al-Faqīh) and its Limits (pp. 389-583) | ||
# Newly-Arisen Issues in Islamic Jurisprudence (pp. 231-388) | # Newly-Arisen Issues in Islamic Jurisprudence (pp. 231-388) | ||
# The issue of birth control and population reduction | |||
# Abortion | |||
# Physician's liability | |||
# The ruling on artificial insemination in Islamic Shari'a | |||
# Insemination and implantation (artificial reproduction) | |||
# Rulings on wills | |||
# Rulings on banking transactions | |||
# Rulings on banknotes | |||
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The author's perspective on the book's topics is based on two major foundations. First, the comprehensiveness and perfection of the Shari'a, according to which Islam is a complete religion without any legal vacuum, and the jurist's duty is merely to "discover" the divine ruling (p. 270). This view shapes his approach to newly-arisen issues (subjects that did not previously exist or whose nature has changed, p. 233). Emphasizing the finality and universality of Islam (p. 235), he deems it necessary to address these issues and relies on principles such as using generalities for the "discovery" of rulings (pp. 246-257), considering the role of "time and place" in subjects (pp. 248-253), and the key application of "secondary principles" like necessity (ḍarūra) and hardship (ḥaraj) (pp. 257-258). | The author's perspective on the book's topics is based on two major foundations. First, the comprehensiveness and perfection of the Shari'a, according to which Islam is a complete religion without any legal vacuum, and the jurist's duty is merely to "discover" the divine ruling (p. 270). This view shapes his approach to newly-arisen issues (subjects that did not previously exist or whose nature has changed, p. 233). Emphasizing the finality and universality of Islam (p. 235), he deems it necessary to address these issues and relies on principles such as using generalities for the "discovery" of rulings (pp. 246-257), considering the role of "time and place" in subjects (pp. 248-253), and the key application of "secondary principles" like necessity (ḍarūra) and hardship (ḥaraj) (pp. 257-258). | ||