Ja'fari school

The Jaʿfarī school,[a] also known as the Jafarite school, Jaʿfarī fiqh (Arabic: الفقه الجعفري) or Ja'fari jurisprudence, Jaʿfari jurisprudence (Arabic: الفقه الجعفري, romanized: al-Fiqh al-Jaʿfarī) is the principal school of jurisprudence (fiqh) in Twelver Shia Islam. Jaʿfar al-Sadiq, the sixth Shia Imam, whose teachings played a major role in the development of Shia theology and jurisprudence, is the eponymous founder of the Jaʿfari school.[1] The school derives its rulings from the Quran, Sunnah, consensus, and reason (ʿaql). It differs from the four Sunni schools of jurisprudence in its approach to ijtihad and in certain matters of inheritance, religious taxes, commerce, personal status, and the permissibility of temporary marriage (mutʿa).[2]

Jaʿfari jurisprudence is enshrined in the Constitution of Iran, shaping aspects of governance, legislation, and the judiciary.[3] In Lebanon, it is recognized within the country's legal system for matters concerning Shia Muslims. During the French Mandate in Lebanon and after independence, Jaʿfarī jurisprudence became institutionalised through courts, where legal practice reflected not only religious doctrine but also citizenship, gender, and state authority.[4] Since 1959, Jaʿfari jurisprudence has been recognized as the “fifth school” alongside the four Sunni schools by Al-Azhar University. It was also recognized by the Amman Message as one of the eight recognized schools of Islamic jurisprudence, affirming the Muslim status of its followers alongside followers of the other recognized schools.

Branches

Ja'fari among other Shia branches (in green)

Usuli

This school of thought utilizes ijtihad by adopting reasoned argumentation in finding the laws of Islam. Usulis emphasize the role of Mujtahid who was capable of independently interpreting the sacred sources as an intermediary of the Hidden Imam and thus serves the community as a guide. This meant that legal interpretations were kept flexible to take account of changing conditions and the dynamics of the times.[5] This school of thought is predominant among most Shia.

Ayatollah Ruhollah Khomeini emphasized that Ja'fari jurisprudence is configured based on the recognition that epistemology is influenced by subjectivity. Accordingly, Ja'fari jurisprudence asserts Conventional Fiqh (objective) and Dynamic Fiqh (subjective). Through Dynamic Fiqh, discussed in the famous text by Javaher-al-Kalem (Arabic: جواهر الكلم), one must consider the concept of time, era, and age (Arabic: زمان) as well as the concept of place, location and venue (Arabic: مکان) since these dimensions of thought and reality affect the process of interpreting, understanding and extracting meaning from the commandments.[6]

Akhbari

This school of thought takes a restrictive approach to ijtihad. This school has almost died out now; very few followers are left. Some neo-Akhbaris have emerged in the Indian subcontinent, but they do not belong to the old Akhbari movement of Bahrain.[5]

Components

Bada'

Many contemporary Twelvers are described as rejecting predestination.[7][8][9][10] This belief is further emphasized by the Shia concept of Bada', which states that God has not set a definite course for human history. Instead, God may alter the course of human history as is seen to be fit (Although some academics insist that Bada' is not rejection of predestination.[11]).

Nikah Mut'ah

Nikaḥ mut'ah (Arabic: نكاح المتعة)," is a type of marriage used in Twelver Shia Islam, where the duration of the marriage and the dower must be specified and agreed upon in advance.[12][13]: 242 [14]: 47–53  It is a private contract made in a verbal or written format. In practice, the regulation and recognition of nikāḥ mutʿah have varied across time and place, particularly in modern legal systems where Jaʿfarī courts operate alongside state law, shaping how such contracts are registered or contested. [15] A declaration of the intent to marry and an acceptance of the terms are required (as they are in nikah). Zaidi Shias, Ismaili Shias, and Sunni Muslims do not practice nikah mut'ah.

Taqiyah

In Shia Islam, taqiyah (تقیة taqiyyah/taqīyah) is a form of religious veil,[16] or a legal dispensation whereby a believing individual can deny his faith or commit otherwise illegal or blasphemous acts, especially while they are in fear or at risk of significant persecution.[17] One source for this understanding comes from al-Kafi.[18]

This practice was emphasized in Shi'a Islam whereby adherents may conceal their religion when they are under threat, persecution, or compulsion.[19] Taqiyya was developed to protect Shi'as who were usually in minority and under pressure, and Shia Muslims as the persecuted minority have taken recourse to dissimulation from the time of the mihna (persecution) under Al-Ma'mun in the 9th century, while the politically dominant Sunnites rarely found it necessary to resort to dissimulation.[20] Scholars note that the use and significance of taqiyah have varied historically and contextually, shaped by shifting political conditions rather than constituting a fixed or universal practice among Shia communities.[21]

See also

Notes

  1. ↑ In Arabic script: جعفري, strict transcriptions: Jaʻfarī or Ǧaʿfarī, /d͡ʒaʕfariː/; from the name: جعفر, Jaʻfar/Ǧaʿfar, /d͡ʒaʕfar/

References

  1. ↑ John Corrigan, Frederick Denny, Martin S Jaffee, Carlos Eire (2011). Jews, Christians, Muslims: A Comparative Introduction to Monotheistic Religions. Cambridge University Press. 978-0205026340.{{cite book}}: CS1 maint: multiple names: authors list (link)
  2. ↑ Nasr, Vali (2006), The Shia Revival, Norton, p. 69
  3. ↑ "Book: Islamic Law: According to Ja'fari School of Jurisprudence Vol. 2". 8 April 2017. Archived from the original on 8 March 2023. Retrieved 27 August 2018.
  4. ↑ Practicing sectarianism : archival and ethnographic interventions on Lebanon. Lara Deeb, Tsolin Nalbantian, Nadya Sbaiti. Stanford, California. 2023. p. 31. ISBN 978-1-5036-3387-2. OCLC 1334107801.{{cite book}}: CS1 maint: location missing publisher (link) CS1 maint: others (link)
  5. 1 2 The Oxford Concise Dictionary of Politics, 2003:487.
  6. ↑ صحيفه نور
  7. ↑ Rizvi, Sayyid Sa'id AkhtarNeed of Religion p. 14.
  8. ↑ Florian Pohl, Florian. Islamic Beliefs, Practices, and Cultures, by Marshall Cavendish Corporation, p. 137.
  9. ↑ Greer, Charles Douglas. Religions of Man p. 239.
  10. ↑ , Rizvi, S. H. M.; Roy, Shibani; Dutta B. B. Muslims p. 20.
  11. ↑ Abbaszadeh, Abbas. "The Sources and Theoretical Foundations of Beda and Its Accordance with Divine Knowledge and Predestination in Shiism." (2018): 139-156.
  12. ↑ Berg H. Method and theory in the study of Islamic origins, p 165 Brill 2003 ISBN 9004126023, 9789004126022. Accessed at Google Books 15 March 2014.
  13. ↑ Hughes T. A Dictionary of Islam p 424 Asian Educational Services 1 December 1995. Accessed 15 April 2014.
  14. ↑ Pohl, Florian. "Muslim world: modern muslim societies."p 50 Marshall Cavendish, 2010. ISBN 0761479279, 1780761479277 Accessed at Google Books 15 March 2014.
  15. ↑ Practicing sectarianism : archival and ethnographic interventions on Lebanon. Lara Deeb, Tsolin Nalbantian, Nadya Sbaiti. Stanford, California. 2023. p. 38. ISBN 978-1-5036-3387-2. OCLC 1334107801.{{cite book}}: CS1 maint: location missing publisher (link) CS1 maint: others (link)
  16. ↑ Momen, Moojan (1985). An Introduction to Shi'i Islam. Yale University Press. pp. 39, 183. ISBN 978-0-300-03531-5.
  17. ↑ Stewart, Devin. "Islam in Spain after the Reconquista". Teaching Materials. The Hagop Kevorkian Center for Near Eastern Studies at New York University. Archived from the original on 8 September 2004. Retrieved 6 August 2012.
  18. ↑ al-Kafi Volume 2. New York: The Islamic Seminary, Inc. January 2015. p. Chapter 93. ISBN 978-0-9914308-8-8.
  19. ↑ "Taqiyah". Oxford Dictionary of Islam. John L. Esposito, Ed. Oxford University Press. 2003. Retrieved 25 May 2011.
  20. ↑ Virani, Shafique N. (2009). The Ismailis in the Middle Ages: A History of Survival, a Search for Salvation. New York: Oxford University Press. p. 47f. ISBN 978-0-19-531173-0.
  21. ↑ Practicing sectarianism : archival and ethnographic interventions on Lebanon. Lara Deeb, Tsolin Nalbantian, Nadya Sbaiti. Stanford, California. 2023. p. 12. ISBN 978-1-5036-3387-2. OCLC 1334107801.{{cite book}}: CS1 maint: location missing publisher (link) CS1 maint: others (link)

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