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Moral Rationalism and Shari'a

Author: Ali-Reza Bhojani

Publisher: Routledge

Published: 2015-03-24

Total Pages: 313

ISBN-13: 1317627547

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Moral Rationalism and Sharī'a is the first attempt at outlining the scope for a theological reading of Sharī'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shī'ī readings of Sharī'a. Within Shī'ī works of Sharī 'a legal theory (usūl al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur’ān and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shī 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shī'ī adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Sharī 'a norms within mainstream contemporary Shī'ī thought. Through a close examination of the notion of independent rationality as a source in modern Shī'ī usūl al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Sharī 'a are shown to be purely epistemic. In line with the ‘emic’ (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Sharī'a that is consistent with the fundamental moral rationalism of Shī'ī thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Sharī'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent judgments of rational morality act as a condition for the validity of precepts attributed to a just and moral God.

Book Synopsis Moral Rationalism and Shari'a by : Ali-Reza Bhojani

Download or read book Moral Rationalism and Shari'a written by Ali-Reza Bhojani and published by Routledge. This book was released on 2015-03-24 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moral Rationalism and Sharī'a is the first attempt at outlining the scope for a theological reading of Sharī'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shī'ī readings of Sharī'a. Within Shī'ī works of Sharī 'a legal theory (usūl al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur’ān and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shī 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shī'ī adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Sharī 'a norms within mainstream contemporary Shī'ī thought. Through a close examination of the notion of independent rationality as a source in modern Shī'ī usūl al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Sharī 'a are shown to be purely epistemic. In line with the ‘emic’ (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Sharī'a that is consistent with the fundamental moral rationalism of Shī'ī thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Sharī'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent judgments of rational morality act as a condition for the validity of precepts attributed to a just and moral God.

Moral Rationalism and Shari'a

Author: Ali-reza Bhojani

Publisher: Culture and Civilization in the Middle East

Published: 2019-12-12

Total Pages: 180

ISBN-13: 9780367870249

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Moral Rationalism and Sharī'a is the first attempt at outlining the scope for a theological reading of Sharī'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shī'ī readings of Sharī'a. Within Shī'ī works of Sharī 'a legal theory (usūl al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur'ān and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shī 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shī'ī adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Sharī 'a norms within mainstream contemporary Shī'ī thought. Through a close examination of the notion of independent rationality as a source in modern Shī'ī usūl al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Sharī 'a are shown to be purely epistemic. In line with the 'emic' (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Sharī'a that is consistent with the fundamental moral rationalism of Shī'ī thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Sharī'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent

Book Synopsis Moral Rationalism and Shari'a by : Ali-reza Bhojani

Download or read book Moral Rationalism and Shari'a written by Ali-reza Bhojani and published by Culture and Civilization in the Middle East. This book was released on 2019-12-12 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moral Rationalism and Sharī'a is the first attempt at outlining the scope for a theological reading of Sharī'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shī'ī readings of Sharī'a. Within Shī'ī works of Sharī 'a legal theory (usūl al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur'ān and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shī 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shī'ī adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Sharī 'a norms within mainstream contemporary Shī'ī thought. Through a close examination of the notion of independent rationality as a source in modern Shī'ī usūl al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Sharī 'a are shown to be purely epistemic. In line with the 'emic' (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Sharī'a that is consistent with the fundamental moral rationalism of Shī'ī thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Sharī'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent

Virtue and the Common Good

Author: Mohammed Nekroumi

Publisher: BRILL

Published: 2023-09-20

Total Pages: 242

ISBN-13: 9004682260

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Virtue and the Common Good: Hermeneutic Foundations of aš-Šāṭibī's Ethical Philosophy arose as a response to the urgent need for epistemological research on the hermeneutic foundations of Islamic ethical and moral theory that has resulted from the current period of upheaval in Islamic theology. Choosing a late-medieval work of legal theory, namely, Abū Isḥāq Ibrāhīm ibn Mūsā aš-Šāṭibī's (d. 790/1388) al-Muwāfaqāt, as the point of departure, locates this study's discussion methodologically and theoretically in the genealogical process of re-reading and reconstructing Islamic thinking in modernity from the perspectives of contemporary philosophy of ethics. Thus, profoundly reflecting on modern understanding and interpretation of fundamental theological concepts in the Islamic legal- and moral theory becomes unavoidable.

Book Synopsis Virtue and the Common Good by : Mohammed Nekroumi

Download or read book Virtue and the Common Good written by Mohammed Nekroumi and published by BRILL. This book was released on 2023-09-20 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Virtue and the Common Good: Hermeneutic Foundations of aš-Šāṭibī's Ethical Philosophy arose as a response to the urgent need for epistemological research on the hermeneutic foundations of Islamic ethical and moral theory that has resulted from the current period of upheaval in Islamic theology. Choosing a late-medieval work of legal theory, namely, Abū Isḥāq Ibrāhīm ibn Mūsā aš-Šāṭibī's (d. 790/1388) al-Muwāfaqāt, as the point of departure, locates this study's discussion methodologically and theoretically in the genealogical process of re-reading and reconstructing Islamic thinking in modernity from the perspectives of contemporary philosophy of ethics. Thus, profoundly reflecting on modern understanding and interpretation of fundamental theological concepts in the Islamic legal- and moral theory becomes unavoidable.

Moral Rationalism and Shari'a

Author: Ali-Reza Bhojani

Publisher: Routledge

Published: 2015-03-24

Total Pages: 195

ISBN-13: 1317627555

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Book Synopsis Moral Rationalism and Shari'a by : Ali-Reza Bhojani

Download or read book Moral Rationalism and Shari'a written by Ali-Reza Bhojani and published by Routledge. This book was released on 2015-03-24 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moral Rationalism and Sharī'a is the first attempt at outlining the scope for a theological reading of Sharī'a, based on a critical examination of why 'Adliyya theological ethics have not significantly impacted Shī'ī readings of Sharī'a. Within Shī'ī works of Sharī 'a legal theory (usūl al-fiqh) there is a theoretical space for reason as an independent source of normativity alongside the Qur’ān and the Prophetic tradition. The position holds that humans are capable of understanding moral values independently of revelation. Describing themselves as 'Adliyya (literally the people of Justice), this allows the Shī 'a, who describe themselves as 'Adiliyya (literally, the People of Justice), to attribute a substantive rational conception of justice to God, both in terms of His actions and His regulative instructions. Despite the Shī'ī adoption of this moral rationalism, independent judgments of rational morality play little or no role in the actual inference of Sharī 'a norms within mainstream contemporary Shī'ī thought. Through a close examination of the notion of independent rationality as a source in modern Shī'ī usūl al-fiqh, the obstacles preventing this moral rationalism from impacting the understanding of Sharī 'a are shown to be purely epistemic. In line with the ‘emic’ (insider) approach adopted, these epistemic obstacles are revisited identifying the scope for allowing a reading of Sharī'a that is consistent with the fundamental moral rationalism of Shī'ī thought. It is argued that judgments of rational morality, even when not definitively certain, cannot be ignored in the face of the apparent meaning of texts that are themselves also not certain. An 'Adliyya reading of Sharī'a demands that the strength of independent rational evidence be reconciled against the strength of any other apparently conflicting evidence, such that independent judgments of rational morality act as a condition for the validity of precepts attributed to a just and moral God.

Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology

Author: Hashim Bata

Publisher: BRILL

Published: 2023-05-25

Total Pages: 162

ISBN-13: 9004544003

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This book introduces readers to the legal epistemology that is advocated within Twelver Shiʿite uṣūl al-fiqh (legal theory). It critically surveys the epistemological underpinnings upheld by post-19th century Uṣūlī clerics that impel them to mainly deduce and interpret Sharia using scripture and literalist hermeneutical methods. An evaluation of these underpinnings uncovers the important juxtaposition that exists between the seminarian discourses of uṣūl al-fiqh and philosophy. The book hypothesises that uṣūl al-fiqh has both space and historical precedence to accept alternative epistemological theories that may enable orthodox Shiʿite clerics to display greater dynamism in deducing and interpreting Sharia.

Book Synopsis Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology by : Hashim Bata

Download or read book Exploring the Mind of God: An Introduction to Shiʿite Legal Epistemology written by Hashim Bata and published by BRILL. This book was released on 2023-05-25 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces readers to the legal epistemology that is advocated within Twelver Shiʿite uṣūl al-fiqh (legal theory). It critically surveys the epistemological underpinnings upheld by post-19th century Uṣūlī clerics that impel them to mainly deduce and interpret Sharia using scripture and literalist hermeneutical methods. An evaluation of these underpinnings uncovers the important juxtaposition that exists between the seminarian discourses of uṣūl al-fiqh and philosophy. The book hypothesises that uṣūl al-fiqh has both space and historical precedence to accept alternative epistemological theories that may enable orthodox Shiʿite clerics to display greater dynamism in deducing and interpreting Sharia.

Visions of Sharīʿa

Author: Ali-reza Bhojani

Publisher: BRILL

Published: 2019-11-11

Total Pages: 240

ISBN-13: 9004413944

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Visions of Sharīʿa offers the first broad examination of ways in which legal theory (uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought.

Book Synopsis Visions of Sharīʿa by : Ali-reza Bhojani

Download or read book Visions of Sharīʿa written by Ali-reza Bhojani and published by BRILL. This book was released on 2019-11-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Visions of Sharīʿa offers the first broad examination of ways in which legal theory (uṣūl al-fiqh) within Twelver Shīʿī thought continues to be a forum for vibrant debates regarding the assumptions, epistemology and hermeneutics of Sharīʿa in contemporary Shīʿī thought.

Islam, Modernity and a New Millennium

Author: Ali Paya

Publisher: Routledge

Published: 2018-02-02

Total Pages: 272

ISBN-13: 1351615599

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As the world becomes increasingly globalised Islam faces some important choices. Does it seek to "modernise" in line with the cultures in which it is practised, or does it retain its traditions even if they are at odds with the surrounding society? This book utilizes a critical rationalist viewpoint to illuminate many of the hotly contended issues in modern Islam, and to offer a fresh analysis. A variety of issues within Islam are discussed in this book including, Muslims and modernity; Islam, Christianity and Judaism; approaches to the understanding of the Quran; Muslim identity and civil society; doctrinal certainty and violent radicalism. In each case, the author makes use of Karl Popper’s theory of critical rationalism to uncover new aspects of these issues and to challenge post-modern, relativist, literalist and justificationist readings of Islam. This is a unique perspective on contemporary Islam and as such will be of significant interest to scholars of Religious Studies, Islamic Studies and the Philosophy of Religion.

Book Synopsis Islam, Modernity and a New Millennium by : Ali Paya

Download or read book Islam, Modernity and a New Millennium written by Ali Paya and published by Routledge. This book was released on 2018-02-02 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the world becomes increasingly globalised Islam faces some important choices. Does it seek to "modernise" in line with the cultures in which it is practised, or does it retain its traditions even if they are at odds with the surrounding society? This book utilizes a critical rationalist viewpoint to illuminate many of the hotly contended issues in modern Islam, and to offer a fresh analysis. A variety of issues within Islam are discussed in this book including, Muslims and modernity; Islam, Christianity and Judaism; approaches to the understanding of the Quran; Muslim identity and civil society; doctrinal certainty and violent radicalism. In each case, the author makes use of Karl Popper’s theory of critical rationalism to uncover new aspects of these issues and to challenge post-modern, relativist, literalist and justificationist readings of Islam. This is a unique perspective on contemporary Islam and as such will be of significant interest to scholars of Religious Studies, Islamic Studies and the Philosophy of Religion.

Islam and the Secular State

Author: Abdullahi Ahmed An-Na'im

Publisher: Harvard University Press

Published: 2010-03-30

Total Pages: 346

ISBN-13: 0674261445

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What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.

Book Synopsis Islam and the Secular State by : Abdullahi Ahmed An-Na'im

Download or read book Islam and the Secular State written by Abdullahi Ahmed An-Na'im and published by Harvard University Press. This book was released on 2010-03-30 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: What should be the place of Shari‘a—Islamic religious law—in predominantly Muslim societies of the world? In this ambitious and topical book, a Muslim scholar and human rights activist envisions a positive and sustainable role for Shari‘a, based on a profound rethinking of the relationship between religion and the secular state in all societies. An-Na‘im argues that the coercive enforcement of Shari‘a by the state betrays the Qur’an’s insistence on voluntary acceptance of Islam. Just as the state should be secure from the misuse of religious authority, Shari‘a should be freed from the control of the state. State policies or legislation must be based on civic reasons accessible to citizens of all religions. Showing that throughout the history of Islam, Islam and the state have normally been separate, An-Na‘im maintains that ideas of human rights and citizenship are more consistent with Islamic principles than with claims of a supposedly Islamic state to enforce Shari‘a. In fact, he suggests, the very idea of an “Islamic state” is based on European ideas of state and law, and not Shari‘a or the Islamic tradition. Bold, pragmatic, and deeply rooted in Islamic history and theology, Islam and the Secular State offers a workable future for the place of Shari‘a in Muslim societies.

Islam and the Trajectory of Globalization

Author: Louay M. Safi

Publisher: Routledge

Published: 2021-10-18

Total Pages: 369

ISBN-13: 1000483541

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The book examines the growing tension between social movements that embrace egalitarian and inclusivist views of national and global politics, most notably classical liberalism, and those that advance social hierarchy and national exclusivism, such as neoliberalism, neoconservatism, and national populism. In exploring issues relating to tensions and conflicts around globalization, the book identifies historical patterns of convergence and divergence rooted in the monotheistic traditions, beginning with the ancient Israelites that dominated the Near East during the Axial age, through Islamic civilization, and finally by considering the idealism-realism tensions in modern times. One thing remained constant throughout the various historical stages that preceded our current moment of global convergence: a recurring tension between transcendental idealism and various forms of realism. Transcendental idealism, which prioritize egalitarian and universal values, pushed periodically against the forces of realism that privilege established law and power structure. Equipped with the idealism-realism framework, the book examines the consequences of European realism that justified the imperialistic venture into Africa, the Middle East, and Latin America in the name of liberation and liberalization. The ill-conceived strategy has, ironically, engendered the very dysfunctional societies that produce the waves of immigrants in constant motion from the South to the North, simultaneously as it fostered the social hierarchy that transfer external tensions into identity politics within the countries of the North. The book focuses particularly on the role played historically by Islamic rationalism in translating the monotheistic egalitarian outlook into the institutions of religious pluralism, legislative and legal autonomy, and scientific enterprise at the foundation of modern society. It concludes by shedding light on the significance of the Muslim presence in Western cultures as humanity draws slowly but consistently towards what we may come to recognize as the Global Age. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003203360, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Book Synopsis Islam and the Trajectory of Globalization by : Louay M. Safi

Download or read book Islam and the Trajectory of Globalization written by Louay M. Safi and published by Routledge. This book was released on 2021-10-18 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines the growing tension between social movements that embrace egalitarian and inclusivist views of national and global politics, most notably classical liberalism, and those that advance social hierarchy and national exclusivism, such as neoliberalism, neoconservatism, and national populism. In exploring issues relating to tensions and conflicts around globalization, the book identifies historical patterns of convergence and divergence rooted in the monotheistic traditions, beginning with the ancient Israelites that dominated the Near East during the Axial age, through Islamic civilization, and finally by considering the idealism-realism tensions in modern times. One thing remained constant throughout the various historical stages that preceded our current moment of global convergence: a recurring tension between transcendental idealism and various forms of realism. Transcendental idealism, which prioritize egalitarian and universal values, pushed periodically against the forces of realism that privilege established law and power structure. Equipped with the idealism-realism framework, the book examines the consequences of European realism that justified the imperialistic venture into Africa, the Middle East, and Latin America in the name of liberation and liberalization. The ill-conceived strategy has, ironically, engendered the very dysfunctional societies that produce the waves of immigrants in constant motion from the South to the North, simultaneously as it fostered the social hierarchy that transfer external tensions into identity politics within the countries of the North. The book focuses particularly on the role played historically by Islamic rationalism in translating the monotheistic egalitarian outlook into the institutions of religious pluralism, legislative and legal autonomy, and scientific enterprise at the foundation of modern society. It concludes by shedding light on the significance of the Muslim presence in Western cultures as humanity draws slowly but consistently towards what we may come to recognize as the Global Age. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003203360, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

Negotiating Homosexuality in Islam

Author: Mehrdad Alipour

Publisher: BRILL

Published: 2024-06-20

Total Pages: 361

ISBN-13: 9004697063

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To enrich the existing debates on Islam and sexual diversity, in the present book, I seek the potential discursive spaces on homosexuality in modern Imāmī legal debates. I have undertaken this research on the thesis that modern Imāmī legal tradition on homosexuality is more flexible and dynamic than one might expect. To address this essential issue, I build the study around the following constructive question: what are the discursive spaces on homosexuality in contemporary reflections within modern Shiʿi legal scholarship? Responding to this central query, the study is premised on the notion that Imāmī legal sources consist of a tradition of sacred (textual) sources, intellectual reasoning, a vast stockpile of (often contrasting) interpretations of these sources, and a distinguished methodological repertoire called ijtihad. Following the same methodology, in this work, I describe, analyse, and critique such textual-exegetical and intellectual-rational discursive aspects concerning homosexuality.

Book Synopsis Negotiating Homosexuality in Islam by : Mehrdad Alipour

Download or read book Negotiating Homosexuality in Islam written by Mehrdad Alipour and published by BRILL. This book was released on 2024-06-20 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: To enrich the existing debates on Islam and sexual diversity, in the present book, I seek the potential discursive spaces on homosexuality in modern Imāmī legal debates. I have undertaken this research on the thesis that modern Imāmī legal tradition on homosexuality is more flexible and dynamic than one might expect. To address this essential issue, I build the study around the following constructive question: what are the discursive spaces on homosexuality in contemporary reflections within modern Shiʿi legal scholarship? Responding to this central query, the study is premised on the notion that Imāmī legal sources consist of a tradition of sacred (textual) sources, intellectual reasoning, a vast stockpile of (often contrasting) interpretations of these sources, and a distinguished methodological repertoire called ijtihad. Following the same methodology, in this work, I describe, analyse, and critique such textual-exegetical and intellectual-rational discursive aspects concerning homosexuality.