Note: Mohammad Mojtahed Shabestari is considered one of the important intellectuals of the country in recent years. His departure from the science of jurisprudence (fiqh) and some of its sources creates a clear boundary between him and religious reformists who strive to arrive at new propositions in Islamic sciences within the framework of Sharia. One of his most important books is Critique of the Foundations of Jurisprudence and Theology, published in 2017 (689 pages). This book, resulting from numerous speeches, articles, and interviews by the author, actually reflects his view on the entirety of Islamic sciences. In this book, he considers the role of jurisprudence in Islamic sciences and the administration of human life to be a minimal role. On this occasion, a brief report on this book is presented to you:

Introduction

The book Critique of the Foundations of Jurisprudence and Theology written by Mohammad Mojtahed Shabestari is a collection of the author’s speeches, articles, and interviews criticizing the principles of Islamic jurisprudence and theology. Shabestari, who is considered a religious intellectual, attempts in this work to challenge traditional methods in Islamic jurisprudence and theology and reread them through a modern, hermeneutical approach.

The main topics of the book are as follows:

• Redefining religious concepts such as God, justice, human rights, and religiosity;

• Examining the contradictions of traditional jurisprudence with the demands of the time and proposing reforms;

• Analyzing the historical developments of religion and its consequences in modern societies;

• Criticizing the political and instrumental uses of religion in Islamic governments;

• Introducing modern hermeneutics as a new method for understanding religious texts.

This book consists of three main sections:

• Speeches: Including the author’s views in the form of speeches on religion, theology, justice, human rights, and other topics.

• Articles: Including deep analyses on topics such as stoning (rajm), retaliation (qisas), human rights, religious hermeneutics, and jurisprudential reforms.

• Interviews: Including interviews in which the author responds to critiques and offers new interpretations of religion and Islamic jurisprudence.

In the following, we will examine each of these sections in detail.

Section One: Speeches

This section includes several major speeches by Shabestari delivered in academic and religious circles. Key topics of these speeches include the name of God, the meaning of justice in the Quran, developments in religion, human rights, and the language of religion. In the following, we examine some of the most important discussions of this section:

1. The Name of God and the Remembrance of God

Shabestari in this speech attempts to show that the concept of “God” has undergone changes and transformations throughout history due to social, political, and philosophical reasons. He believes that traditional religion, instead of nurturing spirituality, has presented an instrumental and even unhealthy image of God. He examines this subject from several perspectives:

• Differing Conceptions of God: God may appear in different forms in the minds of various people: “the Almighty/Subduing God,” “the Merciful God,” “the Lawgiver God,” “the Rewarding and Punishing God.”

• Instrumental Use of God: Shabestari emphasizes that in the history of religions, the name of God has sometimes been an instrument to justify power and oppression.

• Hermeneutical Approach to God: He proposes that we must understand God not as a fixed concept, but as a changing spiritual experience.

2. The Meaning of Justice in the Quran

In this speech, Shabestari examines what concept justice holds in the Quran and how it can be reinterpreted in today’s world. He shows that:

• Justice in the Quran is primarily a moral and divine concept rather than a specific legal system;

• Traditional interpretations of justice in Islamic jurisprudence have sometimes been incomplete or inaccurate and require reform;

• Adapting Quranic justice to modern concepts such as democracy, equality, and human rights is, according to the author, necessary.

3. Historical Developments of Religion up to the Present Era

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

• Religion has transformed from an individual spiritual experience into an organized social and legal system;

• Throughout history, religious custodians (jurists, theologians, and religious rulers) have played a significant role in shaping religion;

• Modernity, secularism, and modern science have brought about fundamental changes in the understanding of religion.

4. Human Rights and Divine Rights

One of the main challenges in Islamic societies is the relationship between human rights and Islamic Sharia. Shabestari believes:

• Human rights are based on individuality and freedom, but some traditional interpretations of Sharia restrict them;

• New jurisprudential approaches must be found to reconcile human rights with Islam.

Section Two: Articles

This section of the book consists of analytical and critical articles on various topics such as human rights, justice, Islamic punishments, hermeneutics, jurisprudence, and religion in the contemporary world. Mohammad Mojtahed Shabestari attempts in these articles to criticize traditional interpretations of religious and jurisprudential concepts and present solutions for revising these concepts from a modern perspective.

In the following, we will examine some of the most important articles of this section in detail:

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

In this article, Shabestari addresses the issue of stoning (rajm) as a Sharia punishment and raises the question of whether this punishment is truly endorsed in the Quran and the Sunnah of the Prophet?

He presents several major arguments against the legitimacy of stoning:

• Absence of Quranic Documentation: There is no reference to the punishment of stoning in the Quran. Shabestari emphasizes that this punishment originates from later jurisprudential traditions rather than from the primary text of the Quran.

• Historical and Cultural Roots of Stoning: He shows that stoning was a pre-Islamic punishment that was also practiced in Jewish and Christian societies.

• Contradiction with the Spirit of Islamic Justice: A punishment like stoning contradicts the principles of justice and mercy that are essential characteristics of Islam.

Shabestari suggests that Islamic penal laws must be reviewed in light of the conditions of time and place, emphasizing that forcing the execution of such laws without considering the demands of modern society can lead to injustice and violence.

2. Honoring Justice or Preserving the Right to Revenge?

In this article, Shabestari examines retaliation (qisas) in Islamic jurisprudence and raises the question of whether retaliation is merely an act to execute justice or a form of seeking revenge?

Using historical and philosophical analyses, he shows that:

• Retaliation under the social conditions of pre-Islamic Arab tribes was instituted primarily to prevent bloody wars between tribes, and its purpose was to curb violence, not to execute individual justice.

• In the modern world, executing retaliation in the same traditional manner can lead to injustice and increased violence, as contemporary legal systems are built on offender rehabilitation rather than mere punishment.

• Retaliation conflicts with certain human rights principles, such as the principle of human dignity and the principle of offender rehabilitation.

Shabestari suggests that Islam should not be restricted solely within the framework of penal laws of past centuries, and that instead of emphasizing harsh punishments, we should seek to establish more just legal systems.

3. The Hermeneutical Turn in Modern Theology

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

• What is Hermeneutics?: Hermeneutics is the science dealing with methods of interpreting religious and philosophical texts, and today it is widely used in theology.

• The Necessity of Utilizing Hermeneutics in Islam: Shabestari demonstrates that traditional interpretations of religion were usually dependent on specific historical conditions, and to better understand the message of religion in the contemporary world, modern interpretive methods must be used.

• How Hermeneutics Can Transform Our Understanding of Religion?: By using hermeneutical methods, one can:

  • Examine religious texts within their social and historical context;

  • Present more flexible and modern readings of Islamic concepts;

  • Liberate jurisprudence from restricted traditional frameworks and redefine it according to the needs of modern 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 created ideological legitimacy for violence;

• Traditional jurisprudence needs revision to reduce the possibilities of extremist abuse;

• Islam is a religion of peace, and more humane interpretations of it must be presented.

Section Three: Interviews

This section includes academic discussions and interviews with Mohammad Mojtahed Shabestari on a variety of topics raised in the book Critique of the Foundations of Jurisprudence and Theology. In these interviews, Shabestari answers important questions regarding jurisprudence, theology, religious interpretation, justice, human rights, freedom, and the role of religion in society.

This section of the book contains several major interviews, each of which we examine 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 believes that:

• Traditional methods of interpreting the Quran and Hadith no longer meet the needs of modern societies;

• The Quran and religious texts must be examined with due regard to the historical and social conditions at the time of revelation;

• Interpretation of religion should not be restricted to the views of traditional jurists and commentators; rather, experts in the humanities, sociologists, and philosophers must also participate in this field.

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

2. The Issue of Justice and the Science 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 basis for achieving justice in modern societies?

He raises several key points:

• Justice in traditional jurisprudence meant observing Sharia rulings rather than respecting individual and social rights;

• In many cases, jurisprudential rulings conflict with justice in its modern sense (human rights, freedom, equality);

• Jurisprudence must move toward securing social justice instead of focusing on criminal and penal rulings.

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

3. Legal Interpretation of the Constitution and Saving the Country

One of the important topics in Islamic countries is how to interpret laws based on Sharia and democratic principles. In this interview, Shabestari examines how a balance can be established between religion and governance.

Key points of this interview include:

• The Constitution should not be drafted solely based on traditional interpretations of Sharia, but must also attend to principles of democracy, human rights, and individual freedoms;

• Islam can inspire legislation, but it should not replace modern rationality and legal principles;

• Interpretation of legal texts must be conducted in a manner that respects citizens’ rights, rather than causing discrimination and restriction.

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

4. The Hermeneutical Turn in Modern Theology

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

He introduces three major periods in Islamic theology:

• The Classical Period: In which religious texts were interpreted literally.

• The Philosophical and Theological Period: In which Islamic thinkers attempted to create compatibility between religion and reason.

• The Hermeneutical Period: In which modern interpretive methods and the humanities come to the aid of understanding religious texts.

Shabestari concludes that to preserve religion in the modern world, one must employ hermeneutical methods and move away from rigid jurisprudential understandings.

5. The Role of Religion in the Modern World

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

Key points of this interview:

• Religion in the modern world should place greater emphasis on spirituality and morality rather than on penal and jurisprudential rulings.

• The role of religion must be separated from governance so that individual freedoms are guaranteed.

• Religion can inspire human values, but it should not be an instrument for social oppression and control.

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

Conclusions of the Book

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

The main conclusions of this book are as follows:

The Necessity of Revising Islamic Jurisprudence and Theology:
Traditional jurisprudence and theology no longer answer the needs of today’s world, and attention must be directed toward concepts such as social justice and human rights instead of rigid penal rulings.

The Importance of Hermeneutics in the Interpretation of Religion:
Traditional methods of interpretation are no longer effective, and humanities and philosophy must be utilized to better understand religious texts.

The Status of Religion in the Modern World:
Religion should not be an instrument for governance and politics, and emphasis must be placed on the moral and spiritual values of religion rather than on jurisprudential rulings.

The Necessity of Legal Reform in Islamic Countries:
Legislation should not be based solely on traditional interpretations of religion, and a balance must be struck between Sharia and democratic principles.