Theology of Delegation and its Impact on Jurisprudential Thought

Document Type : pajoohesh

Authors

10.22081/jap.2024.75485

Abstract

 This study aims to demonstrate that some Shia Imami jurists, contrary to the traditional view in Islamic jurisprudence, have considered changes and alterations in the human body permissible, subject to ethical, environmental, and health boundaries. This contemporary perspective is the result of an interpretive mystical-Shia understanding of certain Quranic verses related to the creation of humans, bearing the divine trust, and nature. As a result, it possesses the following characteristics: utilization of God's delegatory power in this world, the ability to discover the mysteries of existence and understand the realities of the world, self-awareness in relation to God and ethical values. This mystical-Shia anthropology has inspired certain legal theories as follows: 1. Humans have the legitimacy to change the prevailing system on Earth and therefore human simulation is permissible; 2. Human gender is within his authority and discretion and can be altered; 3. Alterations in the patterns of physical creation, such as those involved in technologies aiding in laboratory fertility, artificial insemination, embryo transfer, and similar practices, are permissible; 4. Opposition to imposing any restrictions on thought and knowledge, even in the form of monopolizing intellectual property rights in technology and biological sciences.

Keywords