According to the Research Institute of Contemporary Jurisprudence Studies, the 286th scientific session of this research institute titled “The Importance of Jurisprudential Subject Identification from the Perspective of the Martyred Leader with Emphasis on Medical Jurisprudence” was held in the presence of a group of professors and experts in this field.

At the beginning of this session, Hujjat al-Islam wal-Muslimeen Dr. Mohammad-Mahdi Karimi-Nia, the scientific secretary, while welcoming attendees, emphasized the importance and necessity of addressing the session’s topic.

Subsequently, Hujjat al-Islam wal-Muslimeen Dr. Bayat, Director of the Subject Identification Institute, articulated the standing and importance of jurisprudential subject identification citing authoritative statements and documents. He stated: “The Supreme Leader has consistently emphasized the vital role of subject identification in deep comprehension of jurisprudential issues and responding to contemporary needs.”

Dr. Bayat then introduced four key documents representing the Supreme Leader’s perspective, demonstrating his special attention to jurisprudential subject identification:

• His Eminence’s handwritten note in 2011 on the proposal to establish the Subject Identification Center.

• His remarks in an advanced jurisprudence lecture (dars-e kharij) on a specific topic in the same year.

• His Eminence’s statements during a meeting with members of the Subject Identification Center on August 15, 2016.

• And his remarks during a meeting with members in 2018.

Hujjat al-Islam wal-Muslimeen Dr. Bayat, referring to the special standing of medical, health, and nutrition discussions in Islamic jurisprudence, considered this domain one of the most extensive and practical jurisprudential fields whose audience encompasses all strata of society. He highlighted the difference between this domain and many prominent jurisprudential chapters: “While the audience range of our jurisprudential discussions is usually restricted (whether by gender, age, time, location, or specific situation), medical, health, and nutrition subjects are extremely broad in terms of universality and audience coverage; from birth and even before it until the final moments of life, we deal with medical subjects.”

The Director of the Subject Identification Institute emphasized that in medical discussions “there is no restriction of gender, temporal location, spatial location, or any other qualification for the duty-bound (mukallaf).” This very characteristic has transformed medical, nutrition, and health subjects into an important and prioritized domain in jurisprudence, and if refined foundations are achieved in this area, it can be cited as one of the most prominent jurisprudential axes.

He also noted newly emerging discussions in jurisprudence, specifying that among various subjects, medical discussions possess greater richness and hold an “independent and worthy of special attention” standing regarding newly emerging issues (masa’il-e mustahdasah) compared to other fields; such that in certain other subjects, such richness in addressing new issues is not observed.

Hujjat al-Islam wal-Muslimeen Bayat added: Despite centuries of effort toward developing jurisprudence, a serious need for subject identification in this domain is still felt.

Categorizing jurisprudence into two periods—ancient and contemporary—he stated: “Contemporary jurisprudence, particularly in addressing newly emerging issues, depends on subject transformations and changes. While Islamic rulings remain fixed, contemporary jurisprudence responds to the changes and transformations of societies.”

The Director of the Subject Identification Institute stressed that the necessity of subject identification in contemporary jurisprudence is felt acutely in the present era, and this discussion must be placed on jurists’ agendas methodically and with greater precision. He recalled that jurists have attended to subject identification in their jurisprudential sources, but the Supreme Leader indicated that within the jurisprudential apparatus, gaps exist that must be addressed.

Elucidating the challenges of contemporary jurisprudence, he pointed to fundamental changes in subjects. In ancient jurisprudence, subjects were limited and simple, and the stability of lifestyle prevented major changes in this domain. However, today, with the expansion of human knowledge and lifestyle transformations, subjects have become highly diversified, variable, and complex. For example, the issue of “blood” as a ritual impurity (najasat) held a specified ruling in ancient times, but today, undergoing transformations created in human knowledge and social interactions, it requires precise and comprehensive examination.

Hujjat al-Islam wal-Muslimeen Bayat continued that contemporary jurisprudence faces two major challenges: First, tampering with ancient subjects, and second, the complexity of new issues such as the discussion of brain death, which has turned into a complex and challenging subject. These changes have doubled the necessity of paying special attention to subject identification in contemporary jurisprudence, emphasizing its importance in responding to contemporary needs.

These developments, arising from lifestyle changes and human knowledge advancements, obligate jurisprudence to make decisions regarding newly emerging subjects. Topics such as “human milk banks” and “umbilical cord blood,” which received less attention in the past, have acquired special importance today due to medical applications and stem cells. Likewise, medical and health discussions, such as sex reassignment, represent numerous examples of subjects requiring precise and methodical subject identification work.

In this regard, the Supreme Leader emphasized the necessity of formulating a specific framework and foundations for subject identification, particularly regarding newly emerging subjects and their connection to other disciplines.

Hujjat al-Islam wal-Muslimeen Bayat concluded by addressing the Supreme Leader’s inferential method in encountering subjects, adding that a paper centered on the subject identification methodology of the Martyred Leader (may he rest in peace) is currently being compiled at the Subject Identification Center.

Subsequently, Hujjat al-Islam wal-Muslimeen Dr. Mohammad-Ali Qasemi, Research Vice-President at the Grand Ayatollahs (A’immah-ye Athar) Jurisprudence Center, articulated the standing and importance of jurisprudential subject identification from the perspective of the Martyred Leader. He stated: “Based on the Leader’s remarks, subject identification should not be considered merely a peripheral task or dependent on the domain of rulings; rather, precise subject identification is a requirement for correct understanding and issuing rulings.”

Citing clear quotes from meetings of the Martyred Leader with members of the Subject Identification Center, the Research Vice-President at the Grand Ayatollahs Jurisprudence Center specified that he stated: “Here it should not be said that because it is a subject and the seminary deals with rulings, we have no need for it. No, we have an urgent need for it.”

Hujjat al-Islam wal-Muslimeen Qasemi further explained that according to this statement, the individual tasked with subject identification must possess appropriate scientific backing. He added: “The Martyred Leader emphasizes that subject identification associated with jurisprudence requires ‘seminary erudition’ (fazl-e hozavi); meaning someone who possesses both specialized mastery over the subject and can precisely identify its jurisprudential knots.”

To clarify this meaning, he cited the example that in medical subjects, physicians sometimes merely present scientific information; however, what is important in jurisprudential subject identification is the jurisprudential framing of the issue and precise identification of the point of contention (mahall-e niza’) and ruling knots. In this regard, Dr. Qasemi pointed to examples such as artificial insemination, embryo donation, and organ donation, stating: “An ordinary physician may succeed in presenting the scientific principle of the subject, but a physician possessing seminary erudition can better clarify the relation of these subjects to jurisprudential discussions and how to formulate them.”

The Research Vice-President at the Grand Ayatollahs Jurisprudence Center noted that these interpretations are based on the Martyred Leader’s speeches in his meetings with members of the Subject Identification Center, showing that subject identification is among the serious pillars of jurisprudential understanding and responding to new issues.

Continuing, he pointed to the issue of sex reassignment, specifying that this topic, particularly in light of social and scientific developments, has acquired greater importance than before. Initially and prior to these discussions becoming more serious, the Supreme Leader followed Imam [Khomeini]’s fatwa in responding to queries. He recalled that in the initial fatwa, the Supreme Leader declared: “The mentioned surgical operation to uncover and reveal their sexual reality is unobjectionable,” provided it does not entail a forbidden act (fe’l-e haram).

Continuing the session, Ayatollah Qa’eni emphasized the importance of “subject identification” across all sciences, particularly jurisprudence. He stated that precise knowledge of the subject, prior to issuing a ruling or entering a discussion, prevents errors, public confusion, and greater complexity of issues. This rule is not exclusive to jurisprudence, but applies equally in philosophy, mysticism (‘irfan), theology (kalam), exegesis (tafsir), and principles of jurisprudence (Usul).

Ayatollah Qa’eni cited examples in his remarks, explaining that many scientific disputes stem from the absence of a unified, standardized definition of concepts. He added: Certain authorities of emulation (maraji’) held a uniform fatwa on a specific subject, but after traveling for Hajj (despite having taught Hajj rulings extensively but never having visited Mecca themselves) or after traveling for medical treatment to countries such as England, their opinion changed. This change in fatwas was not due to changes in Quranic and Sunnah sources, but rather due to a transformation in perceptions, expectations, and deductions regarding subjects and the relationship between subject and ruling. Consequently, this point was proven: the scope of realities is far broader than previously conceived.

At the conclusion of this scientific session, Hujjat al-Islam wal-Muslimeen Dr. Mohammad-Mahdi Karimi-Nia, expressing gratitude to Hujjat al-Islam wal-Muslimeen Dr. Bayat, Hujjat al-Islam wal-Muslimeen Dr. Qasemi, and Ayatollah Qa’eni, emphasized the importance of precise subject identification in jurisprudence and the necessity of addressing it with a modern approach and relevant subjects in the presence of professors in future scientific sessions.

He noted that the Research Institute of Contemporary Jurisprudence Studies is always receptive to expert opinions, and researchers’ connection with this center can enrich scientific discussions.