(4) Taqlid: Rational Objections to Taqlid and Their Responses
Lesson #4 is from June 27, 2026 In the Name of Allah, the Most Merciful, the Most Compassionate. All praise belongs to…
Legal Theory
(3) Taqlid: Is Following a Jurist Like Consulting a Physician?
Lesson #3 is from June 14, 2026. In the Name of Allah, the Most Merciful, the Most Compassionate. All praise belongs to…
The Priority of Preserving the Islamic Republic over Preserving the Imam of the Age (a)
This lecture was delivered by Ustad Soroush Mahallati on Wednesday, June 3, 2026 on the topic of: The Priority of Preserving the…
(2) Taqlid: Taqlid, Expertise, and Social Necessity
Lesson #2 is from June 7, 2025. In the Name of Allah, the Most Merciful, the Most Compassionate. All praise belongs to…
(1) Taqlid: The Concept of Taqlid and Its Rational Foundations
Ustad Soroush Mahallati is covering several unique topics during the Hawzah summer break in a weekly series of lessons. One of them…
Assessing the Possibility of Multiple Real Rulings (Ahkam Waqi’iyyah) – Sayyid Mujtaba Khamenei
Assessing the Possibility of Multiple Real Rulings: Theological, Hadith-Based, and Usuli Approaches – Views of Sayyid Mujtaba Khamenei By Seyyed Mehdi Husseini, translated…
(1) I’tibariyyat (Conventional Realities) in Usul al-Fiqh | Advanced Lessons in Legal Theory
This academic year in the seminary, Ustad Soroush Mahallati is giving his Bahth al-Kharij of Usul al-Fiqh on the topic of I’tibariyyat…
Utilizing the Capacity of Fiqh in New Circumstances and the Necessity of Transferring the Experience of Innovative Ijtihad to the Intellectual Generation
Utilizing the Capacity of Fiqh in New Circumstances and the Necessity of Transferring the Experience of Innovative Ijtihad to the Intellectual Generation…
History of Shi’i Usul al-Fiqh | Sayyid Alam al-Hoda | Lesson 2
Third Stage: From the Early Minor Occultation to the Early Major Occultation Contrary to what might be expected, with the end of…
History of Shi’i Usul al-Fiqh | Sayyid Alam al-Hoda | Lesson 1
Important Points in the History of Usul al-Fiqh Before discussing the history and stages of the science of Usul al-Fiqh (legal theory),…
Let’s Return Back to a Balanced and Principled (Usuli) Shia’ism
By Dr. Hassan Ansari From the very beginning, Shi’ism has always experienced two dimensions or perspectives: one is an emotional and epic…
In Service and Betrayal of Rituals: A Discussion on Shi’i Rituals and the Phenomenon of Ritual Inflation
By Mohsen-Hesam Mazaheri The author has studied sociology at the University of Tehran and is a prolific writer and researcher of sociology…
Does the Maqasid-Based Framework for Ijtihad Result in Secularism?
This is a transcript of lesson 103, March 3rd, 2020 from Shaykh Haider Hobollah’s classes on legal theory. Maqāṣid-Based Ijtihād and Secularism…
Qiyas: Another Perspective
By Hamid Reza Tamaddon Abstract: In the first centuries of Islam, one of the meanings of the term qiyās is the evaluation…
Imitating the Infallibles (i)
Reflections & Thoughts | For those interested in this new format called “Reflections & Thoughts”, please read the first two paragraphs in this post.…
Specification of the Majority – Takhsis al-Akthar
In the Fiqh class of Food & Drinks, lessons 115-117 on March 21st – 23rd of 2020, the principle of Takhṣīṣ al-Akthar…
Sayyid Sistani: What Is Ijtihad?
Translated by Shayan The following is a partial translation of Sayyid Sīstānī’s lectures on al-Ijtihād wa al-Taqlīd wa al-Iḥtiyāṭ, as transcribed by…
Reflections on Mutawatir Ma’nawi
Reflections on Mutawātir Maʿnawī By Muhammad Baqir Malekian In the terminology of ḥadīth scholars, a mutawātir report is a narration whose chain…
Madhaq al-Shari‘ah (Taste of Shari‘ah) and Ruh al-Shari‘ah (Spirit of the Law)
Madhāq al-Sharī‘ah (Taste of Sharī‘ah) and Rūḥ al-Sharī‘ah (Spirit of the Law) These are transcriptions of lessons 63 to 68 held between…
Discussions on the Use of Ahadith in Tafasir | The Authority of Akhbar al-Ahad (Solitary Narrations)
DISCUSSIONS ON THE USE OF AHADITH IN TAFASIR The Hujjiyat (Authority) of Akhbar al-Ahad (Solitary Narrations) Preamble Although Qur’anic exegetical literature has…
Role of a Cause (‘Illah) in Altering the Apparent Meaning of an Obligatory Command & Prohibition
One of the most important disputes in contemporary legal theory discussions revolves around the nature of cause (‘illah) and wisdom (ḥikmah) behind…
The Layman and the Principle of Innocence
Reading Level: Intermediate The following is a translation of a section of a lesson from Ay. Shahidīpour’s advanced jurisprudence classes (link here).…
Perennial Impacts of the Akhbari School on the Usulis
By Muhammad Baqir Malakiyan [Source] Abstract Centuries have passed since the downfall of the Akhbari school, yet we find effects and opinions…
Qiyas & The Mysterious Case of Ibn al-Junayd
These are transcripts written over the course of 5 lessons (lesson 118-122 – April 8th to April 14th 2019) from the advanced…
Reason and Sharia in Sayyid Sistani’s Thought
By Hamid Reza Tamaddon | Translated by Shayan Ayatullah Sistani is one of the few jurists who has attracted the attention of…
Further Thoughts on “The Halal of Muhammad Will be Halal Until the Day of Judgement”
Originally published on Mind in Momentum. Introduction Statements and laws issued by the Prophet (and for that matter any another of the…
A Cursory Glance at Sayyid Sistani’s Unique Ideas in Ijtihad
A Cursory Glance at Sayyid Sistani’s Methods and Unique Ideas in Jurisprudence, Legal Theory, Hadith, and Rijal Hamid Reza Tamaddon, Husayn Azizpour…
The Historicity or Eternality of the Sharia: Observations on a Narration
Hamid Reza Tamaddon [Source] | Translated by Shayan The issue of whether legal rulings (aḥkām) are permanent or temporary has always been…
The Principle of Justice (Part 2) – Critical Observations on Shaykh Yousef Saanei
Click for Part One. Second Argument: One of the most important arguments for the principle of justice is the intellect itself. The…
The Principle of Justice (Part 1) – Critical Observations on Shaykh Yousef Saanei
What follows are transcriptions of 7 lessons from the khārij of Fiqh classes on Jurisprudence of Citizenship Law and Religious Minorities, given…
Book Summary (Part 2): Comprehensiveness of the Shariah
Book Summary (Part 2): Comprehensiveness of the Shariah – Discussions on Extents of Legal Reference Between Intellect and Revelation Click for Part…
Book Summary (Part 1): Comprehensiveness of the Shariah
Book Summary (Part 1): Comprehensiveness of the Shariah – Discussions on Extents of Legal Reference Between Intellect and Revelation Click for Part…
The Fixed and Changeable in Islamic Legislation (3)
[Originally posted on Mind in Momentum] Click for Part 1 | Click for part 2. Can We Use Reason to Deduce Religious…
The Fixed and Changeable in Islamic Legislation (2)
[Originally posted on Mind in Momentum] Click for part 1. The Authority of Reason in Deducing Religious Laws This is a translation of…
Sayyid Sīstānī on Why Shīʿa Ḥadīth Contradict (Pt. I)
Originally posted on Shiitic Studies. Introduction The presence of contradictions between Ḥadīth (reports) attributed to the Imams within the Shīʿa corpus is an undeniable…
The Fixed and Changeable in Islamic Legislation (1)
[Originally posted on Mind in Momentum]. This is a translation of lessons given by Ayatullah Sayyid Munīr al-Khabbāz attended in the year…
Evaluating the Impact of Taqiyya (Dissimulation) On Shi’i Narrations
Below is a partial translation of the transcripts of Ayatullah Syed Ali Hussaini al-Sīstānī’s bahth al-khārij discussions on the topic of conflicting…
Sayyid Sīstānī on Why Shīʿa and Sunni Ḥadīth Differ
Originally published on Shiitic Studies What follows is a translation of a small part of the notes of Sayyid ʿAlī al-Sīstānīʾs Baḥth al-Khārij (advance…
Identifying the Legislator of Islamic Law | Sayyid Ali al-Sistani – Part 2
Click for Part 1. As for the narrations that indicate specific instances of laws that have been legislated by the Prophet (s),…
Identifying the Legislator of Islamic Law | Sayyid Ali al-Sistani – Part 1
Below is a translation of an extract from the book Ikhtilāf al-Ḥadīth which is a compendium of lessons given by Ayatullah Syed…
Reconciliation of Contradictory Traditions Regarding Someone Who Intends to Sin
In his discussion on tajarrī (temerity to commit a crime, or false obedience) Shaykh Anṣārī (1781-1864) briefly deals with two sets of…
Early Shi’i ‘Ilal Works Were Not Maqasid-Based Ijtihad
During 2018-2019 academic year’s lessons on legal theory by Shaykh Haider Hobollah, a brief discussion was opened up over two sessions (lesson…
Ways of Discovering ‘Illah (Cause) for Qiyas Amongst Ahl al-Sunnah
During last academic year’s (2018-2019) legal theory class with Shaykh Haider Hobbollah, before beginning discussion on Maqāṣid al-Sharī’ah (Objectives of Divine Law)…
Does Sheer Quantity of Hadith on a Subject Indicate Its Importance?
The following is an expanded transcript from advance lessons on Expediency (al-maṣlaḥa) and Purposes of Islamic Law (al-maqāṣid al-sharʿīyyah) being delivered by…
Did Imam Khomeini Have the Same View as Imam Tufi?
One of the classes I’m attending this year are lessons on legal theory focusing on Expediency (al-maṣlaḥa) and Purposes of Islamic Law…
The Principle of “Laws are Subordinate to Benefits & Harms” in Imami Shi’i Legal Theory and its Implications in Non-Ritualistic Law
The Principle of “Laws are Subordinate to Benefits & Harms” in Imāmī Shī’ī Legal Theory and its Implications in Non-Ritualistic Law Click…
Muhammad Amin Astarabadi’s Argument Against Probativity of Intellect in Non-Necessary Matters of Religion
In a previous post we looked at the general critique Shaykh Anṣārī (d. 1864) hurls at the Akhbārīs, in his treatise on certainty (qaṭ’).…
Concerning Probativity of Certainty Acquired Through Intellectual Premises – Shaykh Ansari’s Response to the Akhbaris
Translation of the words of Shaykh Anṣāri (d. 1864): You are aware that there is no difference in certain knowledge which is…
Principle of Istishab and Its Types
This article was published on the Shiapedia, a website that was run by Shaykh Abd al-Hakeem Carney (d. 2007). After his demise,…
Introduction to Procedural Principles (Usul Amaliyyah)
This article was published on the Shiapedia, a website that was run by Shaykh Abd al-Hakeem Carney (d. 2007). After his demise,…
The Legal Value of Reason in Islamic Law
This article was written by Shaykh Abd al-Hakeem Carney (d. 2007) and was originally published on a website he was running called Shiapedia.…
Introduction to The Position of Theological Foundations in Ijtihad
The following is a translation of the introduction to Jāyegāh Mabāni Kalāmi dar Ijtihād by Dr. Sa’īd Dhiyāi’far. It is a 1,024-page…
The Principle of Leniency in Evidences for Non-Obligatory Acts and its Jurisdiction
The Principle of Leniency in Evidences for Non-Obligatory Acts and its Jurisdiction – The View of Shi’a Jurists from the Occultation to…
Difference Between al-Shubha al-Ḥukmīyyah and al-Shubha al-Mawḍū’īyyah
Jurists and scholars of legal theory divide uncertainty into two: 1) those that concern a law (al-shubha al-ḥukmīyyah), and 2) those that…
