Fiqh wa maslahat (book)

Question

Who is the author of the book Fiqh and Maslahah, and what is its content?

The book Fiqh and Maslahah is a work by Abolqasem Alidoust (born 1961), which was selected as the Book of the Year of the Islamic Republic of Iran in 2010 and the Book of the Year of the Hawza in 2010. The book seeks to determine the place, functions, and methods of identifying Maslahah (public interest) based on the principles and sources of the jurisprudence of the Ahl al-Bayt (AS). It explores emerging issues and needs.

This book examines the role of Maslahah in the field of jurisprudence. The author has stated, "The significant role of Maslahah and the lack of a fixed methodology led me to conduct extensive research in this area, the results of which are compiled in the book Fiqh and Maslahah."

Introduction

The book Fiqh and Maslahah aims to determine the place, functions, and methods of identifying Maslahah through a comparative approach, based on the principles and sources of the jurisprudence of the Ahl al-Bayt (AS). The book focuses on emerging issues and needs.

Alidoust has stated that this book emerged from years of teaching and was eventually compiled as a research proposal. Various parts of the book were also discussed in scientific sessions with scholars, and some sections were published as scientific articles in reputable journals.

The book examines the role of Maslahah in jurisprudence. It addresses questions such as: What is Maslahah? Do we have Maslahah in Sharia or not? If we do, what are the criteria for identifying Maslahah? What is the institution responsible for its identification? Who is tasked with its identification? What are the principles of Maslahah, and so on.

The book also discusses the functionality of Maslahah in jurisprudence. Can Maslahah be placed alongside other Sharia sources, or does it not have the same functionality as sources like the Quran, Sunnah, and reason in discovering or implementing rulings? It is said that the book generally takes a comparative approach between Sunni and Shia jurisprudence. Approximately 500 sources from both Shia and Sunni books have been directly used in this book.

This book was selected as the Book of the Year of the Islamic Republic of Iran in the field of jurisprudence and principles in 2010, the Book of the Year of the Hawza in 2010, and the Selected Work of the 7th Allameh Tabatabai Festival in 2011.

Alidoust:

"In 1981, while studying advanced jurisprudence (Dars-e Kharij), the question arose for me as to how Maslahah could be used without falling into its pitfalls... The significant role of Maslahah and the lack of a fixed methodology led me to conduct extensive research in this area, the results of which are compiled in the book Fiqh and Maslahah."

Author

Abolqasem Alidoust was born in 1961 in Abarkuh, Yazd Province. In 1975, he entered the seminary in Shiraz. He continued his seminary studies at the Imaniyah School in Shiraz under the management of Martyr Dastgheib. In 1976, he migrated to Qom. He studied most of the intermediate-level texts (Rasa'il, Makasib, and Kifayah) under Ayatollah Sotoudeh and some under Ayatollah Karimi Jahromi and Ayatollah Salavati. From 1982, he attended advanced jurisprudence classes and studied principles (Usul) privately with Ayatollah Khatam Yazdi for two years.

His teachers included Ayatollah Fazel Lankarani, Ayatollah Mirza Javad Tabrizi, Ayatollah Naser Makarem Shirazi, and primarily Ayatollah Vahid Khorasani. He also studied philosophy and Asfar al-Arba'ah. Alidoust began teaching Rasa'il and Makasib at the Ayatollah Golpayegani School in 1992–1993. He started teaching advanced principles (Usul al-Fiqh) in 1996 and advanced jurisprudence (Fiqh) in 2003. He began teaching the philosophy of jurisprudence at the Khatam al-Awsiya Higher School in 2010. His works include Fiqh and Reason, Fiqh and Custom, Fiqh and Maslahah, Fiqh and Contract Law, General Quranic Evidence, General Hadith Evidence, and Fiqh and Art.

Content

"Maslahah can be effective both in discovering rulings and in the continuity of legitimate rulings."

The book is organized into three parts:

Part One explains the key terms of the research and presents the general principles and foundations of the discussion. Topics include "the dependence of Sharia rulings on the benefits and harms in their subjects," "the dependence of the establishment of rulings on Maslahah in the origin of legislation," "the possibility or impossibility of understanding the benefits and harms intended by the Legislator," "the scope of Sharia," and "ijtihad and jurisprudence."
Part Two is divided into two chapters. The first chapter discusses the role of Maslahah in discovering rulings. Topics include "the evidential position of Maslahah in the schools of Sharia." The second chapter examines the role of Maslahah in the application and implementation of discovered Sharia and jurisprudential rulings, the methods and institutions of discovery, and the criteria and foundations for understanding and identifying Maslahah. It also discusses the roles of the Legislator and the infallible explicators of Sharia, as well as the individuals or institutions responsible for identifying Maslahah.
Part Three addresses the criticisms raised about Fiqh al-Masalih. The first chapter discusses the conflict between Maslahah and law, the nature, foundation, and scope of governmental rulings, the origin of legislation, and the role of institutions in identifying Maslahah. The second chapter covers rigidity and its causes, excessive Maslahah-oriented approaches and their reasons, the lack of a systematic methodology in applying Maslahah, and the neglect of fundamental benefits and the prerequisites of one or more instances of Istislah.