Mohammad Mohammadi Ghaeni

Author: Hassan Ejraei

Name	Mohammad Mohammadi Ghaeni
Age	1344 SH (c. 1965 CE)
Position	Professor of advanced jurisprudence (Kharij) at the Qom seminary
Denomination	Shia Islam
Nationality	Iranian
Speciality	Fiqh (Jurisprudence) and Usul (Principles of Jurisprudence)
Works in contemporary jurisprudence	"Al-Mabsuṭ" in Jurisprudence of Contemporary Issues: Medical Issues (Book)
Professors	Abul-Qasim Khoei, Jawad Tabrizi, Hossein-Ali Montazeri

Mohammad Mohammadi Ghaeni (born 1344 SH) is a professor of advanced jurisprudence (*kharij*) and principles of jurisprudence (*usul al-fiqh*) at the Qom seminary and the author of the book Al-Mabsut fi Fiqh al-Masa'il al-Mu'asirah. He has studied and taught religious and seminary sciences in Najaf and Qom, and his advanced jurisprudence and principles classes are still ongoing. Ghaeni believes that although jurisprudence is maximalist and all voluntary human actions are subject to jurisprudential rulings, the Islamic Sharia has only stated general principles in various fields.

Mohammad Ghaeni, while opposing Maqasidi jurisprudence, believes that if general causative principles (*'umumāt ta'līliyyah*) are made the basis of jurisprudence, *ijtihad* will deviate from its correct path. His works, under the general title *Al-Mabsut fi Fiqh al-Masa'il al-Mu'asirah*, on topics such as medical issues, Hajj and Umrah, and issues of transactions, as well as the zakat of modern currencies and new items, have been published in Arabic and Persian by the A'immah Athar Jurisprudence Center.

Life, Education, and Teaching

Mohammad Mohammadi Ghaeni was born in 1344 SH in Najaf. He attended the advanced jurisprudence (*kharij*) class of Sayyid Abul-Qasim Khoei and his own father. In 1368 SH, he moved to Qom and pursued advanced jurisprudence in the classes of Mirza Jawad Tabrizi and Hossein-Ali Montazeri. He is a faculty member of the A'immah Athar Jurisprudence Center.

According to what is mentioned on the Madrasah Fiqahat website, Mohammad Mohammadi Ghaeni has discussed topics such as judiciary (*qada*), blood money (*diyat*), retribution (*qisas*), and medical rulings in his advanced jurisprudence classes. His advanced principles of jurisprudence (*usul al-fiqh*) class has also been held in the Qom seminary since 1385 SH and is still ongoing.

He is a member of the editorial board of the specialized academic journal Fiqh and Ijtihad, affiliated with the A'immah Athar Jurisprudence Center, and a member of the editorial board of the Religion and Law Quarterly, affiliated with the Islamic Research Center of the Islamic Consultative Assembly.

Views and Opinions

Maximalist Fiqh but Without Detailed Models

According to Ghaeni, although all voluntary human actions are subject to jurisprudential rulings, and therefore jurisprudence is maximalist, nevertheless, the Islamic Sharia has only stated general principles in various fields and, based on this, has left the provision of models to the wise (*'uqala*).

Opposition to Maqasidi Jurisprudence

Mohammad Ghaeni considers Maqasidi jurisprudence to be *ijtihad* in opposition to the text (*nass*) and believes that if general causative principles are made the basis of jurisprudence, a new jurisprudence will be established, and *ijtihad* will deviate from its correct path. In his view, by changing the Sharia according to the social situation and based on Maqasidi jurisprudence, a new jurisprudence and Sharia will gradually be established, and nothing but signs of religion will remain.

The Principle in Rulings is Their Binding Nature (Mawlawi)

Ghaeni believes that the principle regarding the rulings mentioned in the narrations is that they are binding (*mawlawi*), not administrative (*tad biri*) or governmental. This is because the Imams, in response to people's questions, issued general propositions and asked people to write down the narrations so they could reach others. However, he accepts the administrative nature of narrations if there are contexts and evidence to support it. Ghaeni holds that the Prophet's administrative rulings are authoritative for all times; because even the Prophet's governmental rulings (*ahkam wilai*) would be effective for the entire community, both his contemporaries and later generations. He substantiates this view with a narration from Imam al-Sadiq (a) regarding the Prophet's (s) governmental ruling on zakat.

Works and Writings

• Al-Mabsut fi Fiqh al-Masa'il al-Mu'asirah* is the general title of books by Mohammad Mohammadi Ghaeni published based on the independent topics of his advanced jurisprudence classes, containing contemporary issues of jurisprudence. These include Al-Masa'il al-Tibbiyyah in two volumes, *Al-Hajj wa al-'Umrah* in two volumes, and *Masa'il al-Mu'amalat*. Among these, some volumes of the said work have also been translated into Persian or were originally written in Persian; including *A Study in Medical Jurisprudence Issues* and also *Zakat on Modern Currencies and New Items*.

In the 20th Seminary Book of the Year award ceremony in 1397 SH, the book *Al-Mabsut fi Fiqh al-Masa'il al-Mu'asirah*, written by Mohammad Mohammadi Ghaeni, received an honorable mention in the Fiqh and Usul category.