Category: Articles

The Institution of Marriage in Islam

The pillars of a legitimate marriage in Islam between two adult males and females are two: clear consent of the two parties themselves for marriage and binding an agreement so that they become husband and wife. ‘Non-verbal conventional marriage’ is a legitimate marriage because both pillars of marriage were observed in it. A written marriage contract and especially its submission in a legal center for marriage is closer to caution for a time of frequent disagreement. The Western style of partnership ‘cohabitation’ is not necessarily equivalent to non-verbal conventional marriage.

An Analysis of Shi’ite Political Thought

Imam Ali recognized the mutual rights of the ruler and ruled, the sanctity of contracts, especially with the enemy, and freedom of speech as the cornerstones of Shite political philosophy. Understanding Shi’ite political thought is impossible without considering the doctrine of justice and its consequences such as the right to an uprising against unjust rulers, which is crystallized in Imam al-Hussein b. Ali’s maxims and teachings. Ayatollah Khomeini’s political theory is in the absolute minority not only in the history of Shi’ite fiqh but also in contemporary Shi’ite fiqh.

Islam and the State from a Shi’ite perspective

The article details the perspective of Ja’fari Shi’ite Muslims and delves into the history of Shi’ism, the separation of religious and profane affairs, the guardianship of the jurists, Shi’ism within a constitutionalist context, political Shi’ism in a secular context, and Islamic republic. The author’s thorough historical overview is followed by a discussion of political theories of Shi’ite authorities after constitutionalism and the establishment of the Islamic Republic of Iran, specifically theories proposed by Khorasani and Khomeini, and how other Shi’ite scholars differ from these two groups of thought.

Rethinking Muslim Marriage Rulings through Structural Ijtihad

Within ‘Structural Ijtihad’, all juristic arguments on marriage and the validity of all derived rulings should be tested against four criteria: reasonability, justice, ethics, and effectiveness, all according to contemporary standards of justice and social realities. The author applies structural ijtihad to four contested areas of marriage (child marriage, rights and duties in marriage, divorce, and polygamy) to demonstrate the implementation of these criteria. In contrast to traditional fiqh, applying the structural ijtihad approach can preserve principles and standards within the tradition while adequately addressing today’s needs, contexts, and standards.

Free Speech and Critique of Religion in Contemporary Islam

While the Qur’an and the practical tradition of the Prophet strongly support freedom of expression and critique of religion, serious obstacles to the realization of freedom of expression and critique of religion are not easily deniable in the hadiths, conventional Islamic sciences, and the lived experiences of Muslims throughout the history. There is no red line or any restrictions for a scholarly critique of Islam in academic circles, while for the mass audience, there are restrictions that will not shake the faith of people due to weak public information.

Human Dignity / Karāmah

According to the Qur’an, human dignity is universal, regardless of religion, sect, piety, gender, race, and color. It is an essential character of humanity, allowing humans to take on the role of stewardship. The human soul is the bearer of dignity and has the potential to reason and distinguish between good and evil. The human species is noble because of the soul that God breathed into it. Human dignity and human original nature (fiṭrah) are two sides of one coin. There is a link between divine trust and human dignity.

Rational Perception in Ibn Sina and Mulla Sadra

The article zeroes in on the controversial concept of rational perception in Ibn Sina and Mulla Sadra’s receptive oeuvres, defining it as the complex abstraction, combination and production of universals. The role of sense perception, along with its relationship to intuition, features prominently here. The author emphasizes the break with Ibn Sina in his discussion of Mulla Sadra’s view of a certain mutability of the human soul and the three different worlds in which it exists. Emanation is posited as an existentialist relationship mired in activity rather than passivity.

Āqā ʿAlī Mudarris Ṭihrānī

Āqā ʿAlī Mudarris Ṭihrānī (1818-1889) was one of the most distinguished commentators of Mulla Sadra in Qajar period and made a valuable attempt to complete Mulla Sadra’s philosophical project. Although his philosophical writings never became as popular as Sabzawari’s, his scrutiny of philosophical matters is remarkable. As is evident from his writings, Ṭihrānī was familiar with a great deal of what was the current writings on hikma. Although he was an adherent of Mulla Sadra’s philosophy and logic, he used a large number of contemporary philosophical sources in his writings.

Genealogies of Pluralism in Islamic Thought: Shi‘a Perspective

Although there are a lot of verses in the Qur’an endorsing the notions of freedom, tolerance, diversity, and pluralism, all of these verses were abrogated by the Sword Verse, according to some major classical Sunni scholars. In Shi’a Islam, however, none of these verses were abrogated; the Qur’anic arguments on freedom and diversity are always valid since they are an essential part of faith; they cannot be abrogated. The political teachings of Imam ‘Ali Ibn Abi Ṭalib are very supportive of diversity and pluralism in the modern sense.

Toward Removing the Punishment of Apostasy in Islam

‘Freedom of religion’ is a strong principle in Islam. The Qur’an neither mentions nor prescribes any temporal punishment for apostasy. No one during the time of the Prophet was killed solely for apostasy. Abolishing all types of temporal punishments for apostasy: Acknowledgement of the alteration of the subject and context; the invalidity of akhbār al-haād in matters of critical importance such as the life of a human being; the invalidity of hadiths that run counter to Qur’anic dictates; and the abrogation of the punishments for apostasy because of ‘impairing’ Islam.