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Mohsen Kadivar

Research Professor in the Department of Religious Studies
Religious Studies
403 Chapel Drive, 118 Gray Bldg., Box 90964, Durham, NC 27708
Room 216 Gray Building, Durham, NC 27708
Office hours By appointment  

Scholarly Works - Book sections


The Institution of Marriage in Islam: A Case Study of the First Pillar of the Marriage Contract

Book section · November 17, 2023 The pillars of a legitimate marriage in Islam between two adult males and females are two: clear consent of the two parties themselves for marriage and binding an agreement so that they become husband and wife. ‘Non-verbal conventional marriage’ is a legit ... Link to item Cite

An Analysis of Shi’ite Political Thought

Book section · November 2023 Ali Ibn Abi Talib recognized the mutual rights of the ruler and ruled, the sanctity of contracts, especially with the enemy, and freedom of speech as the cornerstones of Shite political philosophy. Understanding Shi’ite political thought is impossible with ... Link to item Cite

Islam and the State from a Shi’ite Perspective

Book section · January 3, 2023 Islam and the State from Shi’ite Perspective details the perspective of Shi’ite Muslims, specifically within the Ja’fari branch, which the majority of Shi’ites identify with. Kadivar’s essay delves into the history of Shi’ism, the separation of religious a ... Full text Link to item Cite

Islam and the State from a Shi'ite Perspective

Book section · 2023 The article details the perspective of Ja’fari Shi’ite Muslims and delves into the history of Shi’ism, the separation of religious and profane affairs, the guardianship of the jurists, Shi’ism within a constitutionalist context, political Shi’ism in a secu ... Link to item Cite

Rethinking Muslim Marriage Rulings through Structural Ijtihad

Book section · November 2022 Within ‘Structural Ijtihad’, all juristic arguments on marriage and the validity of all derived rulings should be tested against four criteria: reasonability, justice, ethics, and effectiveness, all according to contemporary standards of justice and social ... Cite

Dignity (Human)/ Karamah

Book section · 2022 According to the Qur’an, human dignity is universal, regardless of religion, sect, piety, gender, race, and color. It is an essential character of humanity, allowing humans to take on the role of stewardship. The human soul is the bearer of dignity and has ... Full text Link to item Cite

Free Speech and Critique of Religion in Contemporary Islam

Book section · 2022 While the Qur'an and the practical tradition of the Prophet strongly support freedom of expression and critique of religion, serious obstacles to the realization of freedom of expression and critique of religion are not easily deniable in the hadiths, conv ... Cite

Revisiting Women's Rights in Islam: 'Egalitarian Justice' in lie of 'Meritocratic Justice'

Book section · May 2013 There are two types of verses and hadiths regarding women’s rights in the Qurʾan and Sunna. The first type designates full human rights for women, and recognises equal rights for men and women as humans, despite bodily differences between them. The second ... Cite

Routinizing the Iranian Revolution

Book section · January 1, 2013 Republic of Iran. Constitutional values undermined by a context of political threats to Iran. Expedient secular values adopted by charismatic religious leadership erodes values of constitution and religion. ... Full text Cite

Wilayat al-faqih and Democracy

Book section · December 2011 The concept of wilayat al-faqih as a type of Shi`ite Islamic government gained currency after the Islamic revolution in Iran, and it has now been experienced for more than a quarter of a century. A key question in contemporary Iranian politics is the compa ... Cite

Human Rights and Intellectual Islam

Book section · February 2011 It surveys six areas of conflict between sharia and human rights norms: (1) inequality between Muslims and non-Muslims, (2) inequality between men and women, (3) inequality between slaves and free human beings, (4) inequality between commoners and jurists ... Cite

The Ontological Initiations of the Inventive Philosopher Agha Ali Mudarres Tehrani: A Case Study of the Principality of Existence

Book section · 2002 The Principality of Existence is one of the most important principles of the transcendence philosophy of Mulla Sadra. This article is a critical analysis of the view point of Agha Ali Mudarres Tehrani (1818-89) on this issue. ... Cite