It differs from the predominant madhhabs of Sunni jurisprudence in its reliance on ijtihad, as well as on matters of inheritance, religious taxes, commerce, personal status, and the allowing of temporary marriage or mutʿa.[4] Since 1959, Jaʿfari jurisprudence has been afforded the status of "fifth school" along with the four Sunni schools by Azhar University.[5] In addition, it is one of the eight recognized madhhabs listed in the Amman Message of 2004 by the Jordanian monarch, and since endorsed by Sadiq al-Mahdi, former Prime Minister of Sudan.[6]
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 Imamas and thus serve as a guide to the community. This meant that legal interpretations were kept flexible to take account of changing conditions and the dynamics of the times.[7] 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.[8]
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.[7]
Many contemporary Twelvers are described as rejecting predestination.[9][10][11][12] (Although some academics insist that Bada' is not rejection of predestination.[13]) 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.
Nikah mutʿah (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.[14][15]: 242 [16]: 47–53 It is a private contract made in a verbal or written format. 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.
In Shia Islam, taqiya (تقیةtaqiyyah/taqīyah) is a form of religious veil,[17] or a legal dispensation whereby a believing individual can deny his faith or commit otherwise illegal or blasphemous acts, specially while they are in fear or at risk of significant persecution.[18] Once source for this understanding comes from al-Kafi.[19]
This practice was emphasized in Shi'a Islam whereby adherents may conceal their religion when they are under threat, persecution, or compulsion.[20] 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.[21]
^In Arabic script: جعفري, strict transcriptions: Jaʻfarī or Ǧaʿfarī, /d͡ʒaʕfariː/; from the name: جعفر, Jaʻfar/Ǧaʿfar, /d͡ʒaʕfar/.
References
^"Letter from H. H. the Aga Khan". Retrieved 22 October 2020.
^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)
^"Book: Islamic Law: According to Ja'fari School of Jurisprudence Vol. 2". 8 April 2017.
^Nasr, Vali (2006), The Shia Revival, Norton, p. 69
^Hassan Ahmed Ibrahim, "An Overview of al-Sadiq al-Madhi's Islamic Discourse." Taken from The Blackwell Companion to Contemporary Islamic Thought, p. 172. Ed. Ibrahim Abu-Rabi'. Hoboken: Wiley-Blackwell, 2008. ISBN9781405178488
^ abThe Oxford Concise Dictionary of Politics, 2003:487.
^, Rizvi, S. H. M.; Roy, Shibani; Dutta B. B. Muslims p. 20.
^Abbaszadeh, Abbas. "The Sources and Theoretical Foundations of Beda and Its Accordance with Divine Knowledge and Predestination in Shiism." (2018): 139-156.
^Berg H. Method and theory in the study of Islamic origins, p 165 Brill 2003 ISBN9004126023, 9789004126022. Accessed at Google Books 15 March 2014.
^Hughes T. A Dictionary of Islam p 424 Asian Educational Services 1 December 1995. Accessed 15 April 2014.
^Pohl, Florian. "Muslim world: modern muslim societies."p 50 Marshall Cavendish, 2010. ISBN0761479279, 1780761479277 Accessed at Google Books 15 March 2014.
^Momen, Moojan (1985). An Introduction to Shi'i Islam. Yale University Press. pp. 39, 183. ISBN978-0-300-03531-5.
^Stewart, Devin. "Islam in Spain after the Reconquista". Teaching Materials. The Hagop Kevorkian Center for Near Eastern Studies at New York University. Retrieved 6 August 2012.
^al-Kafi Volume 2. New York: The Islamic Seminary, Inc. January 2015. p. Chapter 93. ISBN978-0-9914308-8-8.
^"Taqiyah". Oxford Dictionary of Islam. John L. Esposito, Ed. Oxford University Press. 2003. Retrieved 25 May 2011.
^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. ISBN978-0-19-531173-0.
Sources
McLean, Iain; McMillan, Alistair, eds. (2003). The Oxford Concise Dictionary of Politics (2nd ed.). Oxford; New York: Oxford University Press. ISBN0-19-280276-3. OCLC 464816415.
External links
Wikimedia Commons has media related to Ja'fari jurisprudence.
"Jafari: Shii Legal Thought and Jurisprudence" from Oxford Islamic Studies Online
Ja'fari Fiqh
Ja'fari School
Islamic Laws of G.A. Sayyid Abulqasim al-Khoei
Islamic Laws of G.A. Syed Ali al-Husaini Seestani
Towards an Understanding of the Shiite Authoritative Sources
January 23, 2023
fari, jurisprudence, jaʿfarī, jurisprudence, arabic, الفقه, الجعفري, also, called, jafarite, english, jaʿfarī, school, jaʿfarī, fiqh, school, jurisprudence, fiqh, twelver, ismaili, including, nizari, shia, islam, named, after, sixth, imam, sadiq, iran, jaʽfari. Jaʿfari jurisprudence Arabic الفقه الجعفري also called Jafarite in English Jaʿfari school or Jaʿfari fiqh a is the school of jurisprudence fiqh in Twelver and Ismaili including Nizari 1 Shia Islam named after the sixth Imam Ja far al Sadiq 2 In Iran Jaʽfari jurisprudence is enshrined in the constitution 3 It differs from the predominant madhhabs of Sunni jurisprudence in its reliance on ijtihad as well as on matters of inheritance religious taxes commerce personal status and the allowing of temporary marriage or mutʿa 4 Since 1959 Jaʿfari jurisprudence has been afforded the status of fifth school along with the four Sunni schools by Azhar University 5 In addition it is one of the eight recognized madhhabs listed in the Amman Message of 2004 by the Jordanian monarch and since endorsed by Sadiq al Mahdi former Prime Minister of Sudan 6 Contents 1 Branches 1 1 Usuli 1 2 Akhbari 2 See also 3 See also 4 Notes 5 References 6 Sources 7 External linksBranches Edit Ja fari among other Shia branches in green Usuli Edit Main article 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 Imamas and thus serve as a guide to the community This meant that legal interpretations were kept flexible to take account of changing conditions and the dynamics of the times 7 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 8 Akhbari Edit Main article 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 7 See also EditJafari disambiguation Bada Many contemporary Twelvers are described as rejecting predestination 9 10 11 12 Although some academics insist that Bada is not rejection of predestination 13 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 Nikah Mut ahNikah mutʿah 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 14 15 242 16 47 53 It is a private contract made in a verbal or written format 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 TaqiyahIn Shia Islam taqiya تقیة taqiyyah taqiyah is a form of religious veil 17 or a legal dispensation whereby a believing individual can deny his faith or commit otherwise illegal or blasphemous acts specially while they are in fear or at risk of significant persecution 18 Once source for this understanding comes from al Kafi 19 This practice was emphasized in Shi a Islam whereby adherents may conceal their religion when they are under threat persecution or compulsion 20 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 21 See also Edit Shia Islam portal Islam portalOutline of Islam Shia clergy The four schools of Sunni jurisprudence Hanafi Hanbali Maliki Shafi iNotes Edit In Arabic script جعفري strict transcriptions Jaʻfari or Ǧaʿfari d ʒaʕfariː from the name جعفر Jaʻfar Ǧaʿfar d ʒaʕfar References Edit Letter from H H the Aga Khan Retrieved 22 October 2020 John Corrigan Frederick Denny Martin S Jaffee Carlos Eire 2011 Jews Christians Muslims A Comparative Introduction to Monotheistic Religions Cambridge University Press 978 0205026340 a href Template Cite book html title Template Cite book cite book a CS1 maint multiple names authors list link Book Islamic Law According to Ja fari School of Jurisprudence Vol 2 8 April 2017 Nasr Vali 2006 The Shia Revival Norton p 69 Jafari Shii Legal Thought and Jurisprudence Hassan Ahmed Ibrahim An Overview of al Sadiq al Madhi s Islamic Discourse Taken from The Blackwell Companion to Contemporary Islamic Thought p 172 Ed Ibrahim Abu Rabi Hoboken Wiley Blackwell 2008 ISBN 9781405178488 a b The Oxford Concise Dictionary of Politics 2003 487 صحيفه نور Rizvi Sayyid Sa id AkhtarNeed of Religion p 14 Florian Pohl Florian Islamic Beliefs Practices and Cultures by Marshall Cavendish Corporation p 137 Greer Charles Douglas Religions of Man p 239 Rizvi S H M Roy Shibani Dutta B B Muslims p 20 Abbaszadeh Abbas The Sources and Theoretical Foundations of Beda and Its Accordance with Divine Knowledge and Predestination in Shiism 2018 139 156 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 Hughes T A Dictionary of Islam p 424 Asian Educational Services 1 December 1995 Accessed 15 April 2014 Pohl Florian Muslim world modern muslim societies p 50 Marshall Cavendish 2010 ISBN 0761479279 1780761479277 Accessed at Google Books 15 March 2014 Momen Moojan 1985 An Introduction to Shi i Islam Yale University Press pp 39 183 ISBN 978 0 300 03531 5 Stewart Devin Islam in Spain after the Reconquista Teaching Materials The Hagop Kevorkian Center for Near Eastern Studies at New York University Retrieved 6 August 2012 al Kafi Volume 2 New York The Islamic Seminary Inc January 2015 p Chapter 93 ISBN 978 0 9914308 8 8 Taqiyah Oxford Dictionary of Islam John L Esposito Ed Oxford University Press 2003 Retrieved 25 May 2011 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 Sources EditMcLean Iain McMillan Alistair eds 2003 The Oxford Concise Dictionary of Politics 2nd ed Oxford New York Oxford University Press ISBN 0 19 280276 3 OCLC 464816415 External links Edit Wikimedia Commons has media related to Ja fari jurisprudence Jafari Shii Legal Thought and Jurisprudence from Oxford Islamic Studies Online Ja fari Fiqh Ja fari School Some of Shi a Islamic Laws books Islamic Laws of G A Sayyid Abulqasim al Khoei Islamic Laws of G A Fazel Lankarani Islamic Laws of G A Syed Ali al Husaini Seestani Towards an Understanding of the Shiite Authoritative Sources Retrieved from https en wikipedia org w index php title Ja 27fari jurisprudence amp oldid 1112350956, wikipedia, wiki, book, books, library,
