Paper Information

Journal:   REVUE DE RECHERCHE JURIDIQUE   WINTER 2012 , Volume - , Number 56; Page(s) 7 To 40.
 
Paper:  MODIFICATION IN SHIITE IJTIHAD: SCHOOLS CIRCLES AND METHODS (5)
 
Author(s):  MOHAGHEGH DAMAD SEYYED MUSTAFA*
 
* 
 
Abstract: 

Mulla Mohammad Khorassani was one of the renowned scholars of the modern era and was the founder of the system of "technical Jurisprudence" in Najaf. In collaboration with some of his outstanding disciples, he was among the leading theorists of the Iranian Constitutional Revolution and he issued a number of declarations at that time. Due to the important content of these statements and the personality of their author, I believe that these should be considered as "Fatwas". These ideas need to be reevaluated from the point of view of their underlying principles and judicial justifications. It is expected of any jurist that his or her pronouncements be corroborated by legal documentations and references. Reexamination of Mulla Mohammad Khorassani's ideas and perceptions would reinforce the principle that Shiite Jurisprudence can be practised on the basis of rational principles, justice and human dignity. This means that, in order to reach an Islamic legal verdict, one should consider these important principles as a priori, and not on the level of other common rules. In the article, we have attempted to prove the above point by quoting certain examples of his "Fatwas" issued at that period.

 
Keyword(s): HUMAN DIGNITY, JUSTICE, GOODNESS AND BADNESS, THEORETICAL REASON, PRACTICAL REASON, MU, TAZELITE-ASHARITE
 
References: 
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