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2016/08/27
freethinking tribune on “Fiqh of Islamic Theories and Fiqh-based Systematic
freethinking tribune on “Fiqh of Islamic Theories and Fiqh-based Systematic
A freethinking tribune on “Fiqh of Islamic Theories and Fiqh-based Systematic Development from the Viewpoints of Ayatollah Seyed Mohammad Baqer Sadr and Ayatollah Hashemi Shahroudi” was held by General Department of Research at Edalat University in line with the Humanities Evolution Committee Project in collaboration with Islamic Jurisprudence Encyclopedia Institute on Ahl al-Bayt (AS) and Supreme Council of Cultural Revolution (SCCR).
The meeting was attended by Hujjat al-Islam Malekzadeh, a Qom Seminary external instructor as presenter, Hujjat al-Islam Eslami, a researcher and seminary lecturer, and Hujjat al-Islam Mehdi Saadi, a Qom Seminary external instructor and dean of the Faculty of Theology, Imam Sadiq University, as a referee in this freethinking tribune.
At the beginning of the meeting, Hujjat al-Islam Malekzadeh said: “System refers to a purposeful orderly framework and structure. It comprises a coordinated and integrated set of beliefs and values organizing a dimension of human life.”
He added: “System development refers to creating a structure within a complex, facilitating the achievement of a goal at the lowest cost and the highest level of quality. There are numerous dimensions where the society requires system development, because every society needs a variety of fields, including education, family, popular culture, economy, politics, international relations, law, security, housing, urban development, health, etc.”
The seminary instructor stated: “The fiqh-based system development refers to discovering, building and refining coherent cultural, social and political frameworks based on divine rules for formulation of various aspects of Islamic society and directing the man to approach God and achieve the ideal life worldly and otherworldly.”
He pointed out: “On the necessity of the fiqh-based system development, it should be argued how it links thought and action, and the relation between idea and practice. Ideas can be put into action through system development, where religious ideas are introduced from theory into the realm of social application.”
Malekzadeh remarked: “The system development is not only a bridge to the Islamic sources and human life, but is also the bridge between theory and practice. These can be operational when system and model are integrated. It requires an in-depth understanding of time and place.”
He said: “It seems that if there is no system, we cannot realize an Islamic ruler. The Quranic statement “God’s words are exalted” will be manifested in the realm of human life only through system development.”
The seminary instructor stated: “Islamic sciences are generated based on Islamic system development, which is the idea of ​​Martyr Sadr. Similarly, the Supreme Leader suggested the same concerning the generation of knowledge. This requires system development in different areas.”
He stated: “It is crucial to recognize the comprehensive knowledge of Islam and deny secularism in theological terms; Social system development based on religion is impractical through secular thought. A secular does not believe in and pursue system development under the Islamic framework.”
He pointed out: “The macro approach to understanding religion is one presumption to the issue. It is critical to adopt a social approach to understanding religion. Another presumption is that the system involves Islam and sharia. Only a Faqih who deems Islam a systematic religion can engage in this realm. if Islamic teachings are viewed from top to bottom, there can be a true image of Islam.”
*Process of achieving religious systems
Malekzadeh stated: “A fiqh system can be achieved through several stages, the first of which is ijtihad as the main tool of system development. Ijtihad should involve certain metaphysical and theological principles. It entails a number of prerequisites, one of which is the theological principles. In the exegetical discussion, Martyr Sadr suggested that Islamic jurisprudence is subject to some interpretation delving into the principles.”
The seminary scholar stated: “The second step in this regard is the social approach to fiqh or social fiqh, where there is a difference between community fiqh and societal fiqh. The former is one type of fiqh, whereas the latter is one approach.
He said, “The third step is the realm of additional fiqh and communities, developing the community fiqh, theology fiqh and politics fiqh etc. For instance, the politics fiqh needs to have a well-nurtured belief. The additional fiqh to communities constitutes the foundation of fiqh system. The next step is the development of Islamic civilization.”
The seminary instructor stated: “In addition to the legitimacy of system development, it should be questioned whether it can be authorized into practice. The foundation of the authority in this case for the fiqh system should be raised within the practical system. In this respect, there are three factors, including the foundation of authority within the fiqh system before and after the Islamic state and the fate of the system after the demise of the faqih.”
Malekzadeh remarked: “The Iqtisaduna was written by Martyr Sadr when he was 27 years old. In Shamsi calendar, he was 26 years old when the book was published. When you flip through the book, however, you assume a team of Mojtahedin over 50 years of age have coauthored the book.“
The seminary instructor stated: “He discovered the Islamic economic system, even though his major effort in the Islamic history involved the first system development, outlining its building-blocks.”
He said: “The book was written in two volumes. The first edition dates back to 1961. The second edition took place in Beirut seven years later. The book was originally two-volume, even though a single-volume edition was prepared later.”
Malekzadeh remarked: “In the first volume, he criticized the Marxist and socialist systems, and then described the nature of Islamic economy. In the second volume, he employed the principle of coherence and logical link in Sharia laws to discover the economical school of Islam through a systematic approach. At first, he elaborated on how to achieve an Islamic economic theory. He explored three theories in the Islamic economy: 1) pre-production distribution, 2) post-production distribution and 3) distribution theory. Another topic covered in this book was Vacuum Zone.”
He said: “Marty Sadr’s book is not the only source about systematic development in the economic field, but other books have also explored the topic. The capitalist democracy, socialism, Marxism and Islam are four ideological systems elaborated on by Sadr in his book. Almost constantly did he focused on the issue of school of thought, rarely using the term “system”. Nevertheless, he also covered the system.”
He added: “He argued that the social system is responsible to organize the social life. Alternatively, the social system provides a framework determining the relationships between people. He normally used the term “school of thought” in his books. Whenever pointing out the theoretical aspects, he tended to discuss school of thought. Whenever he mentioned the practical sense, he referred to the concept of system.”
The seminary instructor stated: “If system is considered a term semantically close to school of thought, it is more appropriate to discover the original system. If system implies a specific structure or framework entailing the operationalization of school of thought according to the circumstances of time and place, then the discussion can revolve around how to construct the system.”
He said: “Another point is Martyr Sadr’s method for progress from superstructure to infrastructure. Yet another point is that Marty Sadr argued that if a Faqih fails to identify a coherent system, he can use the fatwa issued by other Mujtaheds.”
The seminary instructor stated: “The conflict between the theory of Vacuum Zone and Velayat-e Faqih. Sadr’s political theory has three stages, 1) Velayat-e Faqih is limited, 2) Velayat-e Faqih is extensive, and 3) consultation and religious democracy.”
The seminary author and researcher argued: “He stated that Islamic religious and Islamic science governing the Islamic society. One of the problems raised in this regard is that religious science should cover the world.”
Halfway through the meeting, Hujjat al-Islam Rafie Alavi as a critic said: “The fiqh of theories is in fact the master of fiqh system development, which is realized through other methods expanded by Islamic scholars following the Revolution in 1979.”
He said: “It is crucial to examine the nature of fiqh of theories in understanding the discussion. Secondly, it is essential to discuss the methodology in fiqh of theories. Then, the loopholes are explored. Iqtisaduna involves two facets, both highly important. The book is unique both in terms of subject matter and method. From the perspective of Martyr Sadr, the epistemological foundations have on their way built numerous preoccupations.”
He stated: “When I first read the Aqtsadna through translation, I enjoyed the methodology provided in the book as a young seminary student. The author presented a new subject in Fiqh, where the system development involves two necessities for the world and the sacred Islamic Republic. The deepest thought in the Islamic state is that Sharia should govern by the laws. The proponents of the Islamic government and the founder of the idea believed that the laws and rulers should be constructed based on Islam.”
The seminary instructor stated: “The greatest achievement of Martyr Sadr was his responses to questions in the foreign and domestic realms. Some people argued that Sadr favored the Islamic government. From his viewpoint, the ultimate universe will be ruled by Islam.“
He said: “There is no fiqh of theories in Sadr’s ideas and words. Such foundation seems to have been derived from some students and lawyers who studied in the West as well as lawyers who were educated in the West. This term is excessively misleading, because a scientific theory delves into a logical structure of non-experimental structure that have not yet experienced. This is distinct from outlining the concept of knowledge.”
The seminary instructor stated: “Fiqh of theories is somewhat an improvement of traditional structures in the subject and method; they believed in the same traditional practices in fiqh. In fact, they sought out solutions within the Shia traditional system. A glance at the theories of great religious scholars reveals there is no difference between the science fields, even though new fiqh windows were opened such as Fiqh al-Salat.”
He said: “This problem with this argument in Sadr’s era was that the fiqh new windows constituted a category of Muslim life in the past rather than a genuine category in a theory. The fiqh of theories was, according to Sadr, a response to breakdown of argument concentration on specific debates.”
The seminary instructor said: “Only the ideation aspect of a system is interpreted as system development. Its social outcome, however, is a fact that organizes the permanent dialectic between the context of sharia and norms of sharia and the societal norms and values.”
He stated: “He strove to modify the silent, neglected and abandoned subjects in the fiqh windows. Moreover, he believed in using the theological issues in establishing general policies. He argued that interpretation tests should be used in establishing such fiqh script.“
He said: “The fiqh of theories includes three areas of assumptions, investigation and examination of rules and proposing a fiqh system development. One of the criticisms to this theory is how it can explain the issues whose rules are not recognized. This can be responded to.”
The seminary instructor stated: “What Martyr Sadr did at the second stage was to gather the opinions of Islamic thinkers. Then, he refined the ideas and used implications to build an overall line. In traditional fiqh opinions, certain views Fare inconsistent with the Islamic ideology, which was resolved by Martyr Sadr. Another outcome of such ideology was to establish principles, which were introduced to other realms through conventional practices of Ijtihad.”
Rafie Alavi said: “The problems with Sadr’s theories amount to 9 cases concerning the methodology of fiqh of theories such as authority. Numerous responses have been given in this regard, many of which have been explored in Sadr’s opinions, where others were responded to by his students. “
At the closing section of the meeting, Hujjat al-Islam Hussein Ali Saadi, Dean at Faculty of Theology, University of Imam Sadeq (AS), declared: “Scientific meetings, especially the freethinking tribunes, are supposed to take giant leaps forwards.”
The university and seminary instructor stated: “The way Martyr Sadr used the Islamic economy led to a modern achievement in Shiite jurisprudence. The method employed by Sadr to produce such content in Shiite jurisprudence can be evaluated, described and analyzed. After writing this book, serious objections were raised; humanities scholars criticized Sadr for excluding the discussion of neo-positivists.”
He said: “A definition of system should be introduced; Martyr Sadr’s definition of religion and school of thought is an instance. He clarified the concept of economic religion, which is a way to concentrate on solving economic problems. The micro- and macro- systems can be evident in the same context.”
Dean of the Faculty of Theology, University of Imam Sadiq (AS) stated: “Shahid Sadr’s Aqtsadna delved into system development, as well as the quality of discovering theories. Secondly, he explored system development because fiqh propositions are normative. He used the proposition to discuss discovery. Nowadays, his arguments are harshly criticized, since the rest of Islamic sciences have deviated from the actual debate of system development.”
He said: “In this respect, it is essential to focus on his scientific methodology, since the propositions should be explained through specific methods. The question is whether Sadr resorted to individual or state fiqh. Another question is how state fiqh is different from individual fiqh.”
The university and seminary instructor stated: “State fiqh explores the actions of legal entities, i.e. States. If system development cannot be realized through fiqh of rules, then fiqh of theories is required in a specific form.”
He pointed out: “When a system and its mechanism are discovered, the major question arises. For instance, let us assume such theory is discovered by Martye Sadr, then the state action is juxtaposed to policy-making. Why does the ruling faqih resort to other notions? “This is a serious issue explored by many scholars. Martyr Sadr proposed four key reasons in individual fiqh for the reference.”
The seminary instructor said: “Sadr’s scientific discussions should be scrutinized comprehensively. He initiated certain innovations in scientific discussions which have not been yet described. When numerous theoretical systems have been proposed, fiqh needs to outline new regulations and logic for new policy-making.”
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