Ali Mohammad Hakimian
Istishab Has No Application in Judicial Practice!
Judicial Practical Principles/5
Hojjat al-Islam wal-Muslimeen Dr. Ali Mohammad Hakimian, born in 1960 in Yazd, is a graduate of advanced fiqh and usul (principles of jurisprudence) courses from the Qom Seminary and holds a PhD in private law. Years of teaching various legal disciplines alongside seminary courses have made him one of the most knowledgeable individuals regarding the application of practical principles such as istishab in judicial fiqh. The former head of the Research Institute of Hawza and University believes that many jurists are unaware of the differing functions of fiqh and law, which has led them to err. He also argues that istishab, as a practical principle that does not reveal reality, has no effective role in judicial fiqh. Below is the full text of an exclusive oral commentary by this faculty member of the Research Institute of Hawza and University for contemporary fiqh: 🔻 Read more …