Contemporary Jurisprudence Education

According to the statistics presented from the first week of course enrollments, the courses of al-Lahs al-Laghahi and al-Faiq have been widely welcomed by the respected students.Therefore, in order to avoid lack of classes, consultations are being held with specialized jurisprudence schools so that in these schools, free students will also be allowed to participate in these two courses.Until now, Imam Kazem’s specialized schools of jurisprudence, Saheb al-Amr and Imam Hassan’s school of knowledge, have agreed with this issue. Students should pay attention when choosing al-Faiq and al-Lahs al-Laghahi courses, if the teaching place of the professor they are interested in is announced in one of the schools, they can choose the course and attend its class.This matter is still being followed up and this request has been submitted to the other respected managers of jurisprudential centers to cooperate in this important matter and allow free students who apply for these two courses to attend their schools.

Surprisingly courses of al-Lahs al-Laghahi and al-Faiq have been widely welcomed by the respected students.

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Important Notice in Choosing al-Laghahi and al-Faiq courses

In this edition, corrections and viewpoints of the respected teachers which have been gathered over the last two years, has been implemented.&nbsp;The book ‘Al-Fā’iq’ includes discussions such as ‘Seere Uqalā’ (Conduct of rational people); Ḥujjiyat Iṭlāqāt dar Mawḍū’āt Mustaḥaditha (authority of the generic proofs in new subjects), Tanqīḥ Manāṭ (isolation of the criterion), Ilgā ye Khusūsiyat, Tanāsub Ḥukm wa Mawḍū’ (compatibility of law and subject), which students require in advanced level lessons and are not studied in-depth in prevalent books.&nbsp;To obtain this book, you can visit the ‘Intishārāt Ḥawza’ bookshop at Madāne Ruḥullah or via the ‘Intishārāt Ḥawza’ website

The 8th edition of the book ‘Al-Fā’iq fī al-Usūl is available at ‘Intishārāt Ḥawze haye ‘Ilmiyya’

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The 8th edition of the book ‘Al-Fā’iq fī al-Usūl has been published

The first session of “Al-Shakhṣ Al-E’tibārī” Course regarding the nature and rules pertaining to a legal entity by Ayatollah Shab Zinde Dār was held on the 28th of August 2022 in Masjid Aa’ẓam, Qom, Iran.&nbsp;This course takes place from Saturdays to Tuesdays from 12 – 1 pm with the attendance of seminary students studying in the higher levels of seminary and on the level of advanced jurisprudence.&nbsp;Only in Qom, more than 60 professors have signed up to teach the course on Al-Shakhṣ Al-E’tibārī and are ready to teach such that the names of these&nbsp;respected professors published earlier.&nbsp;Likewise, n other provinces this course has been greatly welcomed by the professors.Participation in this course is optional for all students.&nbsp;Currently, the book&nbsp; “Al-Shakhṣ Al-E’tibārī” is available to the public through the Islamic Seminary Publications located in Ruhollah Square, Qom.Photos related to the first session of this course can be viewed below:<figure class="image image_resized" style="width:71.25%;"><img src="https://fms.s3.ir-thr-at1.arvanstorage.com/11_19538fc8fa.jpg"></figure><figure class="image image_resized" style="width:70.53%;"><img src="https://fms.s3.ir-thr-at1.arvanstorage.com/12_e1ab524d7a.jpg"></figure>

The first session of “Al-Shakhṣ Al-E’tibārī” Course regarding the nature and rules pertaining to a legal entity by Ayatollah Shab Zinde Dār was held

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First Session  of the “Al-Shakhṣ Al-E’tibārī” Course was held (The Juridical Person) 

In this book, a series of arguments within different chapters in relation to a ‘legal entity’ have been discussed, that students can refer to on proving arguments in various international subjects.&nbsp;Professor (Ustad): Ayatullah Shab Zindedār:Time: Saturday to Tuesday – One hour before Ẓuhr prayersBeginning from 6th Shahriwar (28th August 2022)Location Masjis A'ẓam&nbsp;Professor (Ustad): Ḥujjatul Islām wal Muslimīn Qadīr’ali ShamsTime: Odd days of the week - One hour before Ẓuhr prayersLocation: Madressah Ayatullah Tabrizī – Class 305&nbsp;Professor (Ustad): Ḥujjatul Islām wal Muslimīn Ḥassan Ja’farzādehTIme: Odd days of the week - One hour before Ẓuhr prayersLocation: Madressah Ḥaḍrat Walī ‘Asr, 2nd floor, Room 206&nbsp;Professor (Ustad): Ḥujjatul Islām wal Muslimīn BahramanTime: Even days of the week - Two hours before Ẓuhr prayers&nbsp;Note:<ul><li>A list of all the professors (Ustad): for the course&nbsp;‘Shakhs I’tibārī’ will be published in the next post.</li><li>Deadline for professors to register for the lessons is till 31st Murdad (14th August 2022)</li></ul>&nbsp;Students should await announcement and be prepared for course registration. The book will be available from August 2022.&nbsp;<figure class="image image_resized" style="width:68.89%;"><img src="https://fms.s3.ir-thr-at1.arvanstorage.com/photo_2022_08_15_19_59_26_c1605e6147_728b164d68.jpg"></figure>

In Shakhs E’tibārī, a series of arguments within different chapters in relation to a ‘legal entity’ have been discussed.

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Registered Lecturers in the Transformational Movement of the Seminary for the ‘Shakhs E’tibārī Course 

Centre for Contemporary Jurisprudence (Fiqh)

Specialized Subjectology

These meetings were concise and were held in the presence of the Respected Dean and Deputies of Research, Education and Student Affairs and teachers of Shiraz University, which is regarded as a comprehensive and one of the top universities of the country.&nbsp;Below are photos in relation to the presence of the Honorable Director of the Department of Contemporary Jurisprudence (Fiqh) at Shiraz University.<figure class="image image_resized" style="width:79.45%;"><img src="https://fms.s3.ir-thr-at1.arvanstorage.com/1_fars_a9f2149583_853b9a45cb.jpg"></figure><figure class="image image_resized" style="width:78.65%;"><img src="https://fms.s3.ir-thr-at1.arvanstorage.com/2_fars_b46b025b5f_0c9a1d50cb.jpg"></figure>In addition to this meeting, other meetings were held with the presence of&nbsp;the Honorable Head of the Center of Contemporary Jurisprudence with the Honorable Head of the Islamic Seminary of Fars Province, Deputy Heads of Education and Research and administrators and teachers of the Fars Province.&nbsp;&nbsp;Below are photographs from these meetings:<figure class="image image_resized" style="width:78.55%;"><img src="https://fms.s3.ir-thr-at1.arvanstorage.com/3_fars_90d9238d1e_fd903090e3.jpg"></figure><figure class="image image_resized" style="width:78.07%;"><img src="https://fms.s3.ir-thr-at1.arvanstorage.com/4_fars_30522f0bf9_39f6bf6489.jpg"></figure>Presence of the Director of the Department of Contemporary Jurisprudence with the Head of the Islamic Seminary of Fars Province, Deputy Heads of Education and Research and administrators and teachers of the Fars Province.

In May 2022, the Director of the Department of Contemporary Jurisprudence met and conversed with a group of teachers and outstanding students in Shiraz.

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Presence of the Director of the Department of Contemporary Jurisprudence in Shiraz University

International

Article: Sovereignty and the Separation of Powers in John LockeAuthor: Bedri GencerBedri Gencer is a lecturer in the Department of Humanities and Social Sciences in Yildiz Technical University located in Istanbul, Turkey. He is engaged in the fields of history, Islamic philosophy, and political philosophy. With an H-index of 9, his work has been cited 4 times in academic literature.The journal The European Legacy specializes in research on historical, philosophical, ideological, and modern European cultural sources, exploring their connections and influences on the broader global context. Exposition of the article:Unlike most interpretations that view Locke through a strictly modern lens, his conceptualization of sovereignty reflects a traditional and theological perspective. Locke aims to re-traditionalize the evolving world by adapting it to established concepts, drawing on theological, social, and political insights along the way.Get the full-text of the article &nbsp;Article: The Rise and Fall of the Separation of PowersAuthor: Steven G. Calabresi, Mark E. Berghausen, Skylar AlbertsonSteven G. Calabresi, one of the three authors of this article, earned his education at Yale University's Department of Law and currently serves as a professor at Northwestern University Pritzker School of Law. Additionally, he has been a visiting professor at Yale Law School and Brown University. Calabresi is also a co-founder of the Federalist Society.Mark E. Berghausen is a graduate from the Northwestern University School of Law and at present, works in the field of litigation.Skylar Albertson is also the third of the authors of the article and is a graduate from the Brown University School of Law, currently engaged in litigation field.The article appeared in the Northwestern University Law Review, a journal published six times annually. With an H-index of 41, the journal is recognized for its credibility and holds a prestigious Q1 rating.&nbsp;Exposition of the article:This article examines the separation of powers system in the United States, arguing that it leans more towards a democratized version of a mixed regime rather than a strictly functional separation of powers. The analysis draws on a brief historical overview of the U.S. system and its procedural framework.&nbsp;Get the full-text of the article &nbsp;Seventh chapter of the book ‘Constitutionalism and the Separation of Powers’Author: M. J. C. VileM. J. C. Vile, the author of the book, is a distinguished scholar and professor of political science. A graduate of Westminster University and the London School of Economics, his research focuses on federalism, the separation of powers, and the theory of constitutionalism. Vile has held academic positions at renowned institutions, including Nuffield College at Oxford University, the University of Massachusetts, and the University of Kent.The present book was first published in 1967 and after that, it was re-printed several times. It is published by Liberty Fund, a private American publishing house founded in 1960 with a focus on education. According to Google Scholar, the book has been cited 1,531 times. Exposition of the work:The theory of separation of powers has significantly influenced political institutions in the post-revolutionary era. In this section, the author argues that this phase in the evolution of the theory stems from a transition from Montesquieu's perspective to Rousseau's, incorporating Rousseau's political philosophy by introducing the concept of the 'House of Representatives.' Beyond the historical context, examining this pivotal period in French history provides valuable insights into some of the most critical debates surrounding the separation of powers and the interpretations that have emerged from these controversies.Get the full-text of the article &nbsp;Article: Montesquieu’s Mistakes and the True Meaning of SeparationAuthor: Laurence ClausLaurence Claus, a professor of law at the University of San Diego, earned his doctorate from the University of Oxford. His primary areas of expertise include Comparative Constitutional Law, Constitutional Law, Contracts, and Animal Law. Among his notable works are A Republic, 'If the Courts Can Keep It?,' 'Authority and Meaning,' 'Enumeration and the Silences of Constitutional Federalism,' 'The Divided Executive,' 'Law's Evolution and Human Understanding,' and 'The Empty Idea of Authority.'The Oxford Journal of Legal Studies, published by the University of Oxford on behalf of its Faculty of Law, is a renowned law journal, ranking third among non-specialized legal publications.The journal covers a wide range of topics aimed at fostering a comprehensive understanding of all aspects of law. It emphasizes a theoretical and interdisciplinary approach, inviting exceptional original contributions in doctrinal and critical scholarship on both domestic and international law. Additionally, it welcomes works on comparative law, legal history, and legal philosophy. The publication has an H-index of 25, reflecting the number of citations it has received and serving as a measure of its academic credibility and reliability.&nbsp;Exposition of the article:Montesquieu concluded in the book ‘The spirit of the Laws’ that the constitution of liberty can best be achieved by assigning three essentially different governmental activities to different actors as it has been achieved in Britain. He was wrong. His mistaken conclusion rested on two errors. First, Montesquieu thought that the primary exercise of powers could durably be divided only where those powers differed in kind. Second, Montesquieu failed to recognize the lawmaking character of executive and judicial exposition of existing law.The article examines the implications of Montesquieu's errors for contemporary assertions in both Britain and the United States that liberty and the rule of law are enhanced by the separation of powers in specific contexts. It critiques the British Government's recent argument that the principles underlying the separation-of-powers theory necessitate the removal of ultimate appellate jurisdiction from the House of Lords. Additionally, it explores Montesquieu's influence on the American founders' efforts to separate powers along essentialist lines, highlighting some unintended consequences, such as the non-delegation quandary and the rise of an unchecked judicial lawmaker.Get the full-text of the article Article: Internal Separation of Powers: Checking Today’s Most Dangerous Branch From WithinAuthor: Neal KatyalNeal Katyal, the Paul Saunders Chair in National Security Law at Georgetown University, previously served as Acting Solicitor General of the United States. He is renowned for his expertise in Constitutional Law, Criminal Law, and Intellectual Property. Katyal boasts an impressive track record, including arguing the most Supreme Court cases in U.S. history as a deputy attorney in 2017. Additionally, he has held roles such as National Security Adviser in the U.S. Justice Department and has been recognized as "Lawyer of the Year" by esteemed publications like Legal Times and National Law. This article was published in ‘The Yale Law Journal’ in the year 2005. This journal, with a history of approximately 100 years, is one of the eight legal periodicals and the most extensive of them which is printed by the University of Yale. This journal is a student-run journal which is run by a team consisting of teachers and graduates of the university and many of the authors in this journal are amongst the highest law ranking personalities in America. This journal is amongst the journals which is of interest to legal societies of the United States.The article was published in The Yale Law Journal in 2005. With a history spanning nearly a century, this journal is one of eight legal periodicals produced by Yale University and the most prominent among them. It is a student-run publication managed by a team of faculty members and alumni, featuring contributions from some of the most esteemed figures in American law. This journal is highly regarded by legal communities across the United States. &nbsp;Exposition of the article:In today's governance system, where the executive branch wields extensive powers with limited surveillance and oversight, the separation of powers among the three branches has faltered. To address this issue, it is essential to divide politics and bureaucracy within the executive branch. Structural and historical factors have weakened legislative and judicial supervision over the executive branch, while the bureaucratic system's reliance on presidential decisions and political authorities has enabled the president to exercise unchecked power. This is particularly evident in confidential areas such as security and foreign policy, where the bureaucratic system is often leveraged to advance short-term political goals.To address this issue, it is essential to depoliticize the bureaucracy and manage its affairs with specialized expertise, ensuring the president can oversee the executive branch in a controlled manner. This goal can be achieved through measures such as establishing distinct yet overlapping cabinet offices, mandating reviews of government actions by multiple agencies, implementing civil-service protections for employees, requiring regular reporting to Congress, and appointing an impartial authority to resolve inter-agency disputes. The proposal outlined in this article aims to create a competitive system with transparency, enabling internal oversight within the executive branch and ensuring the president's extensive powers are exercised under proper supervision.Get the full-text of the article&nbsp;&nbsp;Article: Prelude to the Separation of PowersAuthor: Nicholas BarberNicholas Barber, the author of this article, began his studies at the University of Oxford's Faculty of Law in 1998. Two years later, he became a fellow at Trinity College. Barber earned both his bachelor and master degrees from Oxford and was appointed as a University Lecturer in Law in 2013. Four years later, he advanced to the role of Professor of Constitutional Law and Theory. Although Barber is a qualified lawyer, he is not actively practicing law. He has delivered numerous lectures on constitutional law and theory around the world and has published extensively in these fields. Notable among his works are The Principles of Constitutionalism and The Constitutional State.The article was published in 2001 in Volume 60 of The Cambridge Law Journal, the primary academic publication of the Faculty of Law at the University of Cambridge. Originally founded by the Cambridge University Law Society as a student-led initiative, this journal is a distinguished academic platform. While it covers all areas of law, it places particular emphasis on contemporary legal developments.A notable aspect of the journal is its Case and Comment section, where members of the Cambridge Law Faculty and other esteemed contributors provide analyses of recent judicial decisions, new legislation, and current law reform proposals. Additionally, it includes a comprehensive section dedicated to book reviews. This journal holds the distinction of being the oldest university law journal in the United Kingdom and ranks as the seventh most influential in the country. Exposition of the article:The author’s primary argument is that, contrary to the views of many thinkers, the essence of the theory of separation of powers lies in governmental efficiency rather than in safeguarding citizens' freedom from authoritarian interference. The efficiency, the author asserts, is achieved through the effective alignment of form and function.

This article provides a comprehensive exploration of books and articles focused on the theory of separation of powers.

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English Reading Materials in Relation to the ‘Theory of Separation of Powers’

Special Drawing Right (SDR) functions as an international currency managed by the International Monetary Fund (IMF). But what exactly is the nature of this international currency, and what are its governing rules?The topic remains underexplored in Persian media. However, it has been examined in depth in the contemporary jurisprudence lectures by Professor Sayyed Moḥammad Reza Modarresi, a jurist and member of Iran's Guardian Council.The introduction of educational sources on contemporary issues is only for the purpose of accurate knowledge of these issues and does not confirm analyses or recommendations of those texts. Below is a list of articles regarding SDR currency: International Liquidity and the Role of the SDR in the International Monetary SystemAuthors: Clark, P. B., &amp; Polak, J. J. (2004).IMF Staff Papers, 51(1), p49-71.Published by the International Monetary Fund, this article encompasses both theoretical and practical aspects. As a result, most analyses are observational and grounded in real-world experiences. The authors are also senior consultants and managers within the IMF's research department. Users' Guide to the SDR: A Manual of Transactions and Operations in Special Drawing RightsAuthors: International Monetary FundThis article, prepared by the International Monetary Fund, presents the theoretical aspects of SDR in straightforward language while also exploring various types of contracts from a practical perspective.&nbsp;Review of the Method of Valuation of the SDR.Authors: Tweedie, A. Hagan, S. Tiwari, Siddharth (2015)IMF Policy Paper, 2015 (10)This article, published by the International Monetary Fund, is a highly technical examination of SDR estimation and valuation. It covers the composition, size, preferred weights of the SDR currency basket, and the financial instruments used to determine related interest rates. Notably, various consultants from the IMF's financial, legal, strategic, and policy departments contributed to its compilation. &nbsp;International reference book for understanding special drawing rights:Special Drawing Rights (SDRs): The First International MoneyAuthor: Wilkie, C (2012).Oxford University PressThe book explores the history of SDR, explaining its definition, the philosophy behind its creation, and its significance. It also analyzes the role of SDR as a source of support and stability for the global economy during financial crises. In addition to his academic studies at esteemed institutions like the London School of Economics (LSE) and Oxford, the author has held various executive roles. These include serving in Canada's Department of Foreign Affairs and International Trade, acting as Canada's High Representative at the World Trade Organization, participating in the Business Conference and UN Development, and leading negotiations for Canada's investment agreements with China, new EU member states, and other nations. &nbsp;Link to buy the book from Amazon:<a href="https://www.amazon.com/Special-Drawing-Rights-First-International/dp/0199606463">https://www.amazon.com/Special-Drawing-Rights-First-International/dp/0199606463</a>

In the shadow of the COVID, SDR emerged as a critical financial tool by facilitating essential monetary support across various platforms.

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What is SDR currency?

The Department of Sharia and Islamic Studies at the College of Law, United Arab Emirates University, in cooperation with the General Authority of Islamic Affairs and Endowments, held an academic symposium titled “Artificial Intelligence and Digital Currencies: A Sharia Perspective.”Dr. Hamza Abdulkarim Hammad, Head of the Department of Sharia and Islamic Studies, explained that the symposium was organized with the aim of highlighting issues related to artificial intelligence and digital currencies from a fiqhi–legal perspective. He noted that the program covered a range of topics, including artificial intelligence—its concept, origins, and impacts—as well as the nature of digital currencies and their various types.&nbsp;The symposium was held in two sessions. The first session, titled “Artificial Intelligence: Concept, Origins, and Impact,” opened with a keynote address by Dr. Omar Al-Derai, Executive Director of Islamic Affairs at the General Authority of Endowments. In his remarks, he emphasized the importance of the UAE’s proactive adoption of artificial intelligence across various government institutions. He noted that the experience of applying AI within the Islamic Affairs sector—particularly in the Fatwa Center—has been successful. AI applications have included innovative services based on measuring user satisfaction, as well as automated response systems utilizing model-based fatwas.Regarding the scholarly papers presented in this session, the first was delivered by Dr. Mohammed Mayara, a faculty member of the Department of Sharia, on “The Status of the Mind and Its Impact on Artificial Intelligence: A Qur’anic Perspective.” The paper examined the concept of artificial intelligence, the meanings and benefits of the intellect, the relationship between reason and revelation, and Qur’anic guidance concerning the use of the mind.This was followed by a paper by Dr. Abdulaziz Shaker Al-Kubaisi, faculty member of the Department of Sharia and Islamic Studies, titled “The Ethics of Artificial Intelligence from an Islamic Perspective.” The paper addressed issues such as the legitimacy of design and operation, neutrality and justice, security and control, respect for privacy, system governance, environmental sustainability, and respect for individual, institutional, and intellectual property rights.The session also included a paper by Dr. Aisha Al-Shehhi entitled “Smart Contracts and Their Provisions in Islamic Jurisprudence,” which discussed the concept of contracts in Islamic fiqh, their relationship to smart contracts, the jurisprudential compatibility of smart contracts, and their application in Islamic financial transactions.The second session focused on “Digital Currencies: Concept, Compliance, and Risks”. In this session, Dr. Aref Hassouna, a faculty member of the Department of Sharia and Islamic Studies, presented a paper titled “The Jurisprudential Compatibility of Encrypted Virtual Currencies”. The paper reviewed differing approaches to encrypted virtual currencies in comparison with traditional currencies and identified three main views:<ol><li>Suspending judgment until further dimensions become clear;</li><li>Adopting a differentiated, case-by-case approach; and</li><li>Rejecting the recognition of mālīyah (recognizable economic value) for encrypted virtual currencies—a position held by most contemporary scholars and reflected in many official fatwas across the Islamic world.</li></ol>Subsequently, Professor Dr. Haj Al-Doush, also from the Department of Sharia and Islamic Studies, presented a paper titled “Digital Currencies in Light of Artificial Intelligence: A Jurisprudential Perspective,” addressing the concept and characteristics of digital currencies, their structural relationship with artificial intelligence, and issues such as uncertainty (jahālah), deception, and gambling (qimār) associated with digital currencies.Another paper, “An Analysis of Jurisprudential Disputes Concerning Encrypted Digital Currencies,” was presented by Dr. Salem Al Ali, faculty member of the Department of Sharia and Islamic Studies. He reviewed jurists’ opinions on the legality of encrypted digital currencies and analyzed the roots of the existing fiqhi disagreements on the matter.The symposium concluded with a paper titled “The Risks of Digital Currencies and Ways to Address Them,” presented by Dr. Mohammed Al-Humaid Al-Hashemi, a faculty member of the Department of Sharia and Islamic Studies, which examined the concept of digital currencies and the challenges associated with them.<a href="https://www.uaeu.ac.ae/ar/news/2022/april/college-of-law-at-the-uae-university-discusses-artificial-intelligence-and-cryptocurrencies-sharia-perspective.shtml">Source:&nbsp;منبع: كلية القانون بجامعة الإمارات تناقش "الذكاء الاصطناعي والعملات الرقمية: رؤية شرعية " (uaeu.ac.ae)</a>

UAE University College of Law Hosts Symposium on “Artificial Intelligence and Digital Currencies: A Sharia Perspective”

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Symposium on AI and Digital Currencies: A Sharia Perspective

List of registered lecturers available for introductory courses to contemporary jurisprudence

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List of Registered Lecturers for Introductory Courses to Contemporary Jurisprudence

Professor (Ustād) Khazāeli stated: “They have now presented al-Fā’iq. Where is Kifāyah and where is al-Fā’iq? Al-Fā’iq contains five to six discussions all of which are in principles of jurisprudence (اصول الفقه). How can this book take the place of Kifāyah with all its voluminosity and extensiveness?”&nbsp;With the utmost respect, it is presented before the respected Professor, based on the communicated statute, the book ‘al-Fā’iq fi al-Usūl’ is not a replacement for Kifāyah and is only a complementary to Kifāyah and the respected students who study this book will have incentive distinctions. Principally, this noteworthy book was authored for the reason that discussions which students require and are not discussed in detail in prevalent books studied in the seminary lessons and thus it is a complementary of Kifāyah.&nbsp;&nbsp;The book al-Fā’iq consists of 11 discussions and it has been endeavoured that the discussions which have been analysed in the books of the noble (scholars) of the science of Usūl (علم اصول) over the 100 years after the Late Akhūnd in addition to some new opinions and branches (of the knowledge) is presented before the seminaries in an ijtihādī and detailed format. This measure is a cause for modernising the principles required and a greater diligence of that discussion.&nbsp;By the grace of Allah, given the remarkable reception by the respected professors and students, such discussions have transformed to the place of discussions by professors of higher and advanced levels and alongside this, views and new intellectual developments from amongst the excellent teaching system and seminary teaching is in the state of prosperity, which indicates the rich talents and intellectual enthusiasm of the seminary students.&nbsp;

Response to Professor (Ustād) Khazāeli critiques in respect to the book al-Fā’iq 