Ayatullah Ahmad Muballeghi clarified the framework of this debate at a meeting titled “The Characteristics of al-Shari’ah” that was held on December 4 at the Research Institute of Contemporary Jurisprudence.

At the commence of his speech, he pointed out that the jurisprudence that has reached us till our time is Shari’ah jurisprudence and said: The Jurisprudence needs the formation of other knowledge around it. In the jurisprudence, terms such as Ruhul al-Shari’ah or “Mathaq al-Shari’ah” are used, but these concepts are not discussed in the principles of jurisprudence.

In expounding the reasonableness of this type of view, the professor of al-dars al-kharij in Qum said: Nowadays, in legal systems, there is a debate about the characteristics of that legal system, and it is unlikely that Shari’ah does not have the characteristics of this volume. Especially, in some texts, attributes such as easyness of Shari’ah have been mentioned, and according to these attributes, rulings are also found.

He emphasized: The book Khisali’s narrations have mentioned about Shari’ah, but since we have not sought it, we have no result out of this debate.

A member of the Board of Trustees of the Research Institute of Contemporary Jurisprudence added: “If it is mentioned in a narration that the truth, justice, and promise are in the essence of the Shari’ah, then these narrations are removed from our research perspective and enter the field of rhetoric.” Or Imam al-Sajjad’s treatise on law basically has no place in our Shariatological vision and we are inferior to this treatise in our moral view. Also, Imam al-Baqir, peace be upon him, in his criticism of the Khawarij, does not criticize principles or men, but criticizes their characteristics and says: “Indeed, Abu Ja’far, peace be upon him, says: The Khawarij have oppressed themselves with their ignorance, and the religion is broader than that” (Wasa’il al-Shi’ah, Vol. 3). , p. 491) Similarly, in another hadith of lmam Ali, peace be upon him, in the criticism of some of the judges of his time, he says:« فَإِنْ نَزَلَتْ بِهِ إِحْدَى الْمُبْهَمَاتِ هَيَّأَ لَهَا حَشْواً رَثًّا مِنْ رَأْيِهِ ثُمَّ قَطَعَ بِهِ فَهُوَ مِنْ لَبْسِ الشُّبُهَاتِ فِي مِثْلِ نَسْجِ الْعَنْكَبُوتِ». Hashu wa Raf’ means that he has ideas in his mind that because he has no knowledge of his time and is old, he weaves them together and takes the priority of religion.

Pointing out that we can see an example of this attitude in the method of Martyr Sadr in the book “Our Economy”, this professor from al-Bahth al-Kharij of Qum Seminary pointed out briefly some of the characteristics that are mentioned in the traditions and said: being easy and natural, expanding, forming a nation, revival Religion, the system of priority in the Shari’ah rules, more halal than haram. He emphasized that these characteristics are not limited to these.

Ayatullah Muballeghi emphasized: the objectives of the Shari’ah are not just a principled rule; Rather, it is a paradigm and framework of interpretation that, when it dominates the mind of the jurist, is a criterion for rethinking. That is, the fatwa may lead the society in a wrong direction, or the fatwa is not unenforceable, but the jurist may have an unenforceable fatwa; Because one of our big problems is that the feedback of our fatwas are not checked after they are issued.

In the continuation of the meeting, professor Muballeghi responded to some of the criticisms made by the attendees.