Contemporary Jurisprudence: Do Islamic jurisprudence and civil law have their own specific practical principles, distinct from those in other legal domains such as criminal law, international law, or constitutional law?

Dr. Meqdadi Davoodi: Yes, Islamic jurisprudence and civil law have their own specific practical principles tailored to the subject matter of these domains. These principles differ from those used in criminal law, international law, or constitutional law, as they are adapted to the characteristics and needs of civil law.

In Islamic jurisprudence and law, practical principles serve as rules to resolve uncertainties and address issues, particularly in cases where clear and definitive legal rulings are absent. Specific practical principles are defined and adjusted to meet the particular needs and characteristics of a given legal domain. Each legal domain may have its own practical principles that are better suited to its specific issues and challenges.

In civil law, principles such as the principle of exemption (bara’a), the principle of caution (ihtiyat), the principle of continuity (istiṣḥāb), and the principle of choice (takhiyyur) are more commonly applied to resolve ambiguous issues. These principles may differ from those used in criminal law, international law, or constitutional law, as each legal domain has distinct characteristics and requirements.

For example, in criminal law, principles such as the presumption of innocence and the principle of interpretation in favor of the accused are of greater significance. In international law, principles such as respect for state sovereignty and adherence to international obligations are emphasized. These differences highlight the need to tailor and apply specific practical principles for each legal domain.

1-1. Specific Practical Principles in Criminal Law

In criminal law, practical principles are specifically designed to protect the rights of the accused and ensure fair judicial proceedings. Some of these principles include:

• Principle of Presumption of Innocence: According to this principle, individuals are considered innocent until their guilt is proven. This fundamental principle in criminal law protects the accused against false accusations and safeguards their human rights.
• Principle of Interpretation in Favor of the Accused: In cases where criminal laws are ambiguous, interpretations should favor the accused. This principle helps reduce the risk of unjust punishment and provides greater protection for the accused.

2-1. Specific Practical Principles in International Law

International law governs relations between states and international institutions and employs practical principles designed to maintain balance and respect for state sovereignty:

• Principle of Respect for State Sovereignty: This principle holds that every state has absolute sovereignty over its territory and internal affairs, and other states must not infringe upon it.
• Principle of Adherence to International Obligations: According to this principle, states must honor their international commitments and abide by the treaties and agreements they have signed.

3-1. Specific Practical Principles in Civil Law

Civil law primarily deals with relations between individuals and private matters, employing specific practical principles designed to resolve disputes and clarify ambiguities in civil relationships:

• Principle of Continuity (Istiṣḥāb): This principle holds that a previous state remains valid until proven otherwise. It contributes to stability and predictability in legal relationships, such as the continuity of ownership.

Contemporary Jurisprudence: Which practical principles are specific or widely used in civil jurisprudence?

Dr. Meqdadi Davoodi: The widely used practical principles in civil jurisprudence include the principles of continuity (istiṣḥāb), exemption (bara’a), and caution (ihtiyat). These principles assist in addressing ambiguous issues and legal needs in various circumstances.

• Principle of Continuity (Istiṣḥāb): This principle entails the continuation of an existing state until evidence to the contrary is provided.
  Example: If someone claims that a person was the owner of a piece of land in the past and there is no claim regarding a change in ownership, the principle of continuity dictates that the current ownership remains the same as the past ownership unless proven otherwise.
• Principle of Exemption (Bara’a): This principle holds that an individual is considered innocent until their guilt is proven.
  Example: If someone is accused of a crime, the principle of exemption dictates that they are innocent until a court definitively proves their guilt with valid evidence.

Contemporary Jurisprudence: Can practical principles in Islamic law, which are primarily intended to provide an excuse before the Lawgiver, be used to establish worldly matters related to civil law?

Dr. Meqdadi Davoodi: Practical principles in Islamic law are primarily designed to address religious issues and provide an excuse before the Lawgiver. However, in certain cases, they can be used to establish worldly matters and civil law issues, provided they align with legal principles and criteria.

Contemporary Jurisprudence: Given modern methods for discovering the truth, is reliance on practical principles in civil law still desirable, or were these principles established for a time when methods for discovering the truth were limited?

Dr. Meqdadi Davoodi: Despite modern methods for discovering the truth, practical principles remain valuable and desirable, as they serve as foundational tools in civil law for addressing ambiguous and complex issues. However, modern methods can complement and enhance the application of practical principles.

In cases where there is no legal evidence available to the judge regarding a legal issue, and the judge’s knowledge is authoritative, it is evident that obtaining certainty through evidence is not possible. In such cases, practical principles must be relied upon to resolve the legal issue and address the complainant’s grievance.

Contemporary Jurisprudence: What are the challenges of using practical principles in Islamic jurisprudence and civil law, and what solutions do you propose to address these challenges?

Dr. Meqdadi Davoodi: The challenges of using practical principles in Islamic jurisprudence and civil law include:

1. Lack of Education and Awareness: Many students and legal practitioners are not sufficiently familiar with practical principles and their proper application. This can be addressed by organizing training programs and publishing educational books and articles that explain and interpret these principles.
2. Need for Consultation with Multiple Experts: Complex legal and civil issues require input from experts in various fields. Establishing specialized committees and holding regular consultation sessions with legal, social, and economic experts—practices already implemented in judicial processes—requires further study, development, and regulation to formulate new practical principles for legal issues. Additionally, creating monitoring and evaluation systems to continuously assess the impact of practical principles on legal matters and their alignment with societal conditions is essential.