Note: Mohammad Mojtahed Shabestari is regarded as one of the country’s prominent intellectuals in recent years. His departure from the discipline of jurisprudence and some of its sources creates a clear distinction between him and religious reformist thinkers who seek to formulate new propositions in the Islamic sciences within the framework of the Sharia. One of his most important books is Critique of the Foundations of Jurisprudence and Theology, published in 2017 in 689 pages. The book, which is the product of the author’s numerous lectures, articles, and interviews, in fact reflects his perspective on the Islamic sciences as a whole. In this book, he regards the role of jurisprudence in the Islamic sciences and in the administration of human life as minimal. On this occasion, a brief report on the book is presented below:

Introduction

Critique of the Foundations of Jurisprudence and Theology, written by Mohammad Mojtahed Shabestari, is a collection of the author’s lectures, articles, and interviews that critiques the principles of Islamic jurisprudence and theology. Shabestari, who is regarded as a religious intellectual, seeks in this work to challenge traditional methods in Islamic jurisprudence and theology and reinterpret them through a modern hermeneutical approach.

The principal subjects of the book are as follows:

• Redefining religious concepts such as God, justice, human rights, and religiosity;
• Examining the contradictions between traditional jurisprudence and the requirements of the times and proposing reforms;
• Analyzing the historical transformations of religion and their consequences in modern societies;
• Critiquing the political and instrumental uses of religion in Islamic governments;
• Introducing modern hermeneutics as a new method for understanding religious texts.

The book consists of three main sections:

• Lectures: Including the author’s views as expressed in lectures on religion, theology, justice, human rights, and other subjects.
• Articles: Including in-depth analyses of subjects such as stoning, retribution in kind, human rights, religious hermeneutics, and jurisprudential reforms.
• Interviews: Including interviews in which the author responds to criticisms and offers new interpretations of religion and Islamic jurisprudence.

Each of these sections will be examined in detail below.

Part One: Lectures

This section includes several important lectures delivered by Shabestari in academic and religious circles. The key subjects of these lectures include the name of God, the meaning of justice in the Qur’an, transformations of religion, human rights, and religious language. Some of the most important discussions in this section are examined below:

1. The Name of God and the Remembrance of God

In this lecture, Shabestari seeks to demonstrate that the concept of “God” has undergone change and transformation throughout history for social, political, and philosophical reasons. He maintains that, instead of cultivating spirituality, traditional religion has presented an instrumental and even pathological image of God. He examines this subject from several perspectives:

Different Conceptions of God: In the minds of different individuals, God may appear in various forms: “the Wrathful God,” “the Merciful God,” “the Lawgiving God,” and “the Rewarding and Punishing God.”

The Instrumental Use of God: Shabestari emphasizes that, throughout the history of religions, the name of God has sometimes been used as an instrument to justify power and repression.

A Hermeneutical Approach to God: He proposes that God should be understood not as a fixed concept, but as a changing spiritual experience.

2. The Meaning of Justice in the Qur’an

In this lecture, Shabestari examines the meaning of justice in the Qur’an and how it may be reinterpreted in the contemporary world. He demonstrates that:

• Justice in the Qur’an is more an ethical and divine concept than a specific legal system;
• Traditional understandings of justice in Islamic jurisprudence have sometimes been incomplete or incorrect and require reform;
• According to the author, it is essential to reconcile Qur’anic justice with modern concepts such as democracy, equality, and human rights.

3. The Historical Transformations of Religion up to the Present Age

This section focuses on how the concept of religion has changed throughout history. Shabestari states that:

• Religion has evolved from an individual spiritual experience into an organized social and legal system;
• Throughout history, religious authorities—jurists, theologians, and religious rulers—have played a major role in shaping religion;
• Modernity, secularism, and modern science have brought about fundamental changes in the understanding of religion.

4. Human Rights and the Rights of God

One of the principal challenges in Islamic societies is the relationship between human rights and Islamic Sharia. Shabestari maintains that:

• Human rights are based on individuality and freedom, whereas some traditional interpretations of the Sharia restrict them;
• New jurisprudential approaches must be found to reconcile human rights with Islam.

Part Two: Articles

This section of the book includes analytical and critical articles on various subjects, including human rights, justice, Islamic punishments, hermeneutics, jurisprudence, and religion in the contemporary world. In these articles, Mohammad Mojtahed Shabestari seeks to critique traditional understandings of religious and jurisprudential concepts and, from a modern perspective, to offer solutions for reconsidering them.

Some of the most important articles in this section will be examined in detail below:

1. Stoning a Human Being in the Name of God?!

In this article, Shabestari examines stoning as a punishment prescribed by the Sharia and raises the question of whether this punishment is genuinely affirmed in the Qur’an and the Prophet’s tradition.

He presents several important arguments against the legitimacy of stoning:

The Absence of Qur’anic Evidence: The Qur’an contains no reference to the punishment of stoning. Shabestari emphasizes that this punishment originates from later jurisprudential traditions rather than from the original text of the Qur’an.

The Historical and Cultural Origins of Stoning: He demonstrates that stoning was a pre-Islamic punishment also practiced in Jewish and Christian societies.

Contradiction with the Spirit of Islamic Justice: A punishment such as stoning conflicts with the principles of justice and mercy, which are among the fundamental characteristics of Islam.

Shabestari proposes that Islamic penal rulings should be reconsidered in light of the circumstances of time and place. He emphasizes that insisting on the enforcement of such rulings without considering the requirements of modern society may lead to injustice and violence.

2. Safeguarding Justice or Preserving the Right to Revenge?

In this article, Shabestari examines retribution in kind in Islamic jurisprudence and raises the question of whether it is merely a means of administering justice or a form of vengeance.

Drawing on historical and philosophical analyses, he demonstrates that:

• Under the social conditions of the pre-Islamic Arab tribes, retribution in kind was instituted primarily to prevent bloody wars between tribes, and its purpose was to restrain violence rather than to administer individual justice.
• In the modern world, implementing retribution in kind in its traditional form may lead to injustice and increased violence, because contemporary legal systems are founded on the rehabilitation of offenders rather than punishment alone.
• Retribution in kind conflicts with certain principles of human rights, such as human dignity and the rehabilitation of offenders.

Shabestari proposes that Islam should not be confined solely within the framework of the penal laws of past centuries and that, instead of emphasizing harsh punishments, efforts should be made to establish more equitable legal systems.

3. The Hermeneutical Turn in Modern Theology

One of the most important subjects Shabestari raises in his articles is the necessity of applying hermeneutics to the understanding of religious texts. In this article, he explains:

What Is Hermeneutics? Hermeneutics is a discipline concerned with methods of interpreting religious and philosophical texts and is now widely used in the field of theology.

The Necessity of Applying Hermeneutics in Islam: Shabestari demonstrates that traditional interpretations of religion have generally been dependent on particular historical circumstances and that new interpretive methods must be employed to understand the message of religion more effectively in the contemporary world.

How Can Hermeneutics Change Our Understanding of Religion? Through hermeneutical methods, it is possible to:

• Examine religious texts within their social and historical contexts;
• Offer more flexible and modern understandings of Islamic concepts;
• Liberate jurisprudence from restrictive traditional frameworks and redefine it in accordance with the needs of contemporary societies.

4. ISIS and Islamic Jurisprudence

In this article, Shabestari analyzes the jurisprudential and theological roots of extremist groups such as ISIS and explains how:

• Misinterpretations of Islam have provided ideological legitimacy for violence;
• Traditional jurisprudence requires reconsideration in order to reduce the possibility of its exploitation by extremists;
• Islam is a religion of peace, and more humane interpretations of it must be offered.

Part Three: Interviews

This section includes Mohammad Mojtahed Shabestari’s scholarly discussions and interviews on various subjects addressed in Critique of the Foundations of Jurisprudence and Theology. In these interviews, Shabestari responds to important questions concerning jurisprudence, theology, religious interpretation, justice, human rights, freedom, and the role of religion in society.

This section of the book includes several important interviews, each of which is examined in detail below.

1. Hermeneutics and the Religious Interpretation of the World

In this interview, Shabestari introduces hermeneutics as a method for interpreting religious texts and emphasizes its importance in rereading religion. He maintains that:

• Traditional methods of interpreting the Qur’an and hadith no longer meet the needs of modern societies;
• The Qur’an and religious texts must be examined in light of the historical and social circumstances of the time of revelation;
• The interpretation of religion should not be limited to the views of jurists and traditional exegetes; rather, scholars in the humanities, sociologists, and philosophers should also participate in this field.

He notes that hermeneutics can transform our understanding of religion and make new readings of Islam possible.

2. The Question of Justice and the Discipline of Jurisprudence

In this interview, Shabestari examines the relationship between justice and Islamic jurisprudence and raises the question of whether traditional jurisprudence can serve as a foundation for realizing justice in modern societies.

He presents several key points:

• In traditional jurisprudence, justice has primarily meant adherence to the rulings of the Sharia rather than respect for individual and social rights;
• In many cases, jurisprudential rulings conflict with justice in its modern sense—human rights, freedom, and equality;
• Rather than concentrating on criminal and penal rulings, jurisprudence should move toward ensuring social justice.

Shabestari proposes that, instead of implementing traditional jurisprudential rulings in the old manner, ways should be sought to adapt jurisprudence to modern values.

3. A Legal Interpretation of the Constitution and the Salvation of the Country

One of the important issues in Islamic countries is how laws should be interpreted on the basis of the Sharia and democratic principles. In this interview, Shabestari examines how a balance can be established between religion and government.

The key points of this interview are as follows:

• A constitution should not be written solely on the basis of traditional interpretations of the Sharia; it must also take into account the principles of democracy, human rights, and individual freedoms;
• Islam may inspire legislation, but it should not replace rationality and modern legal principles;
• Legal texts should be interpreted in a manner that respects citizens’ rights rather than causing discrimination and restriction.

Shabestari emphasizes that a just and democratic society can be established only through a legal and rational interpretation of Islamic laws.

4. The Hermeneutical Turn in Modern Theology

In this interview, Shabestari examines intellectual shifts in modern theology and explains how religious thinkers have moved beyond traditional interpretations toward newer methods.

He identifies three important periods in Islamic theology:

The Classical Period: During which religious texts were interpreted literally.

The Philosophical and Theological Period: During which Islamic thinkers sought to reconcile religion and reason.

The Hermeneutical Period: During which modern interpretive methods and the humanities have contributed to the understanding of religious texts.

Shabestari concludes that, in order to preserve religion in the modern world, hermeneutical methods must be employed and rigid jurisprudential interpretations must be abandoned.

5. The Role of Religion in the Modern World

In this interview, Shabestari addresses the challenges facing religion in the modern age and raises the question of whether religion can still play an important role in human life.

The key points of this interview are:

• In the modern world, religion should emphasize spirituality and ethics more than penal and jurisprudential rulings.

• The role of religion should be separated from government in order to guarantee individual freedoms.

• Religion may inspire human values, but it should not become an instrument of repression and social control.

Shabestari proposes that spiritual and humane approaches to religion can replace traditional and rigid interpretations.

Conclusions of the Book

Critique of the Foundations of Jurisprudence and Theology is one of Mohammad Mojtahed Shabestari’s most important works, in which he examines the challenges facing jurisprudence, theology, and religious interpretation from a modern perspective.

The principal conclusions of the book are as follows:

The Necessity of Reconsidering Islamic Jurisprudence and Theology:

Traditional jurisprudence and theology no longer meet the needs of today’s world. Instead of rigid penal rulings, attention should be given to concepts such as social justice and human rights.

The Importance of Hermeneutics in the Interpretation of Religion:

Traditional interpretive methods are no longer effective, and the humanities and philosophy should be employed to achieve a better understanding of religious texts.

The Place of Religion in the Modern World:

Religion should not be an instrument of government and politics. Instead of emphasizing jurisprudential rulings, emphasis should be placed on the ethical and spiritual values of religion.

The Necessity of Reforming Laws in Islamic Countries:

Legislation should not be based solely on traditional interpretations of religion, and a balance must be established between the Sharia and democratic principles.