HOME

TheInfoList



OR:

The Jaʿfarī school, also known as the Jafarite school, Jaʿfarī fiqh () or Ja'fari jurisprudence, is a prominent school of
jurisprudence Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...
(''fiqh'') within
Twelver Twelver Shi'ism (), also known as Imamism () or Ithna Ashari, is the Islamic schools and branches, largest branch of Shia Islam, Shi'a Islam, comprising about 90% of all Shi'a Muslims. The term ''Twelver'' refers to its adherents' belief in twel ...
and
Ismaili Ismailism () is a branch of Shia Islam. The Isma'ili () get their name from their acceptance of Imam Isma'il ibn Jafar as the appointed spiritual successor ( imām) to Ja'far al-Sadiq, wherein they differ from the Twelver Shia, who accept ...
(including Nizari)
Shia Islam Shia Islam is the second-largest Islamic schools and branches, branch of Islam. It holds that Muhammad in Islam, Muhammad designated Ali ibn Abi Talib () as both his political Succession to Muhammad, successor (caliph) and as the spiritual le ...
, named after the sixth
Imam Imam (; , '; : , ') is an Islamic leadership position. For Sunni Islam, Sunni Muslims, Imam is most commonly used as the title of a prayer leader of a mosque. In this context, imams may lead Salah, Islamic prayers, serve as community leaders, ...
,
Ja'far al-Sadiq Ja'far al-Sadiq (; –765) was a Muslim hadith transmitter and the last agreed-upon Shia Imam between the Twelvers and Isma'ilis. Known by the title al-Sadiq ("The Truthful"), Ja'far was the eponymous founder of the Ja'fari school of Isla ...
. In Iran, Jaʽfari jurisprudence is enshrined in the
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
, shaping various aspects of governance, legislation, and judiciary in the country. In
Lebanon Lebanon, officially the Republic of Lebanon, is a country in the Levant region of West Asia. Situated at the crossroads of the Mediterranean Basin and the Arabian Peninsula, it is bordered by Syria to the north and east, Israel to the south ...
this school of jurispudence is also accounted for in the
sectarian Sectarianism is a debated concept. Some scholars and journalists define it as pre-existing fixed communal categories in society, and use it to explain political, cultural, or religious conflicts between groups. Others conceive of sectarianism a ...
legal system of the country and Shia muslims can call upon it for their legal disputes. It differs from the predominant
madhhab A ''madhhab'' (, , pl. , ) refers to any school of thought within fiqh, Islamic jurisprudence. The major Sunni Islam, Sunni ''madhhab'' are Hanafi school, Hanafi, Maliki school, Maliki, Shafi'i school, Shafi'i and Hanbali school, Hanbali. They ...
s of
Sunni Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr () rightfully succeeded him as the caliph of the Mu ...
jurisprudence in its reliance on ''
ijtihad ''Ijtihad'' ( ; ' , ) is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with '' taqlid'' ( ...
'', as well as on matters of inheritance, religious taxes, commerce, personal status, and the allowing of temporary marriage or '' mutʿa''. Since 1959, Jaʿfari jurisprudence has been afforded the status of "fifth school" along with the four Sunni schools by Azhar University. In addition, it is one of the eight recognized ''
madhhab A ''madhhab'' (, , pl. , ) refers to any school of thought within fiqh, Islamic jurisprudence. The major Sunni Islam, Sunni ''madhhab'' are Hanafi school, Hanafi, Maliki school, Maliki, Shafi'i school, Shafi'i and Hanbali school, Hanbali. They ...
s'' listed in the Amman Message of 2004 by the Jordanian monarch, and since endorsed by Sadiq al-Mahdi, former Prime Minister of Sudan. The Ja'fari school was imposed as the state jurisprudence in
Iran Iran, officially the Islamic Republic of Iran (IRI) and also known as Persia, is a country in West Asia. It borders Iraq to the west, Turkey, Azerbaijan, and Armenia to the northwest, the Caspian Sea to the north, Turkmenistan to the nort ...
during the Safavid conversion of Iran to Shia Islam from the 16th to the 18th century. Followers of the Ja'fari school are predominantly found in
Iran Iran, officially the Islamic Republic of Iran (IRI) and also known as Persia, is a country in West Asia. It borders Iraq to the west, Turkey, Azerbaijan, and Armenia to the northwest, the Caspian Sea to the north, Turkmenistan to the nort ...
,
Iraq Iraq, officially the Republic of Iraq, is a country in West Asia. It is bordered by Saudi Arabia to Iraq–Saudi Arabia border, the south, Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq border, the east, the Persian Gulf and ...
and
Azerbaijan Azerbaijan, officially the Republic of Azerbaijan, is a Boundaries between the continents, transcontinental and landlocked country at the boundary of West Asia and Eastern Europe. It is a part of the South Caucasus region and is bounded by ...
where they form a majority, with large minorities in eastern
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in West Asia. Located in the centre of the Middle East, it covers the bulk of the Arabian Peninsula and has a land area of about , making it the List of Asian countries ...
, southern
Lebanon Lebanon, officially the Republic of Lebanon, is a country in the Levant region of West Asia. Situated at the crossroads of the Mediterranean Basin and the Arabian Peninsula, it is bordered by Syria to the north and east, Israel to the south ...
,
Bahrain Bahrain, officially the Kingdom of Bahrain, is an island country in West Asia. Situated on the Persian Gulf, it comprises a small archipelago of 50 natural islands and an additional 33 artificial islands, centered on Bahrain Island, which mak ...
and
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan, is a landlocked country located at the crossroads of Central Asia and South Asia. It is bordered by Pakistan to the Durand Line, east and south, Iran to the Afghanistan–Iran borde ...
.


Branches


Usuli

This school of thought utilizes
ijtihad ''Ijtihad'' ( ; ' , ) is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with '' taqlid'' ( ...
by adopting reasoned argumentation in finding the laws of Islam. ''
Usuli Usulism () is the majority school of Twelver Shia Islam in opposition to the minority Akhbarism. The Usulis favor the use of (reasoning) in the creation of new rules of jurisprudence; in assessing hadith to exclude traditions they believe u ...
s'' emphasize the role of
Mujtahid ''Ijtihad'' ( ; ' , ) is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with '' taqlid'' (i ...
who was capable of independently interpreting the sacred sources as an intermediary of the
Hidden Imam Occultation (, ') in Shia Islam refers to the eschatological belief that the Mahdi, a descendant of the Islamic prophet Muhammad, has already been born and he was subsequently concealed, but he will reemerge and he will establish justice and pe ...
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.''The Oxford Concise Dictionary of Politics'', 2003:487. This school of thought is predominant among most Shia. Ayatollah
Ruhollah Khomeini Ruhollah Musavi Khomeini (17 May 1900 or 24 September 19023 June 1989) was an Iranian revolutionary, politician, political theorist, and religious leader. He was the founder of the Islamic Republic of Iran and the main leader of the Iranian ...
emphasized that Ja'fari jurisprudence is configured based on the recognition that
epistemology Epistemology is the branch of philosophy that examines the nature, origin, and limits of knowledge. Also called "the theory of knowledge", it explores different types of knowledge, such as propositional knowledge about facts, practical knowle ...
is influenced by
subjectivity The distinction between subjectivity and objectivity is a basic idea of philosophy, particularly epistemology and metaphysics. Various understandings of this distinction have evolved through the work of countless philosophers over centuries. One b ...
. Accordingly, Ja'fari jurisprudence asserts Conventional Fiqh (objective) and Dynamic Fiqh (subjective). Through Dynamic Fiqh, discussed in the famous text by '' Javaher-al-Kalem'' (), one must consider the concept of time, era, and age () as well as the concept of place, location and venue () since these dimensions of thought and reality affect the process of interpreting, understanding and extracting meaning from the commandments.


Akhbari

This school of thought takes a restrictive approach to
ijtihad ''Ijtihad'' ( ; ' , ) is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with '' taqlid'' ( ...
. 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.


Components


Bada'

Many contemporary Twelvers are described as rejecting predestination. 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.).


Nikah Mut'ah

Nikaḥ mut'ah ()," is a type of
marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and b ...
used in Twelver Shia Islam, where the duration of the marriage and the
dower Dower is a provision accorded traditionally by a husband or his family, to a wife for her support should she become widowed. It was settlement (law), settled on the bride (being given into trust instrument, trust) by agreement at the time of t ...
must be specified and agreed upon in advance.Berg H. ''Method and theory in the study of Islamic origins''
p 165
Brill 2003 , 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. , 1780761479277 Accessed at Google Books 15 March 2014.
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 Sunni Islam is the largest branch of Islam and the largest religious denomination in the world. It holds that Muhammad did not appoint any successor and that his closest companion Abu Bakr () rightfully succeeded him as the caliph of the Mu ...
Muslims do not practice ''nikah mut'ah''.


Taqiyah

In Shia Islam, ''
taqiya In Islam, ''taqiyya'' ()R. STROTHMANN, MOKTAR DJEBLI. Encyclopedia of Islam, 2nd ed, Brill. "TAKIYYA", vol. 10, p. 134. Quote: "TAKIYYA "prudence, fear" ... denotes dispensing with the ordinances of religion in cases of constraint of preaching ...
h'' ( ''/'') is a form of religious veil, 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. One source for this understanding comes from al-Kafi. This practice was emphasized in Shi'a Islam whereby adherents may conceal their religion when they are under threat,
persecution Persecution is the systematic mistreatment of an individual or group by another individual or group. The most common forms are religious persecution, racism, and political persecution, though there is naturally some overlap between these term ...
, or compulsion."Taqiyah"
''Oxford Dictionary of Islam''. John L. Esposito, Ed. Oxford University Press. 2003. Retrieved 25 May 2011.
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 Abū al-ʿAbbās Abd Allāh ibn Hārūn al-Maʾmūn (; 14 September 786 – 9 August 833), better known by his regnal name al-Ma'mun (), was the seventh Abbasid caliph, who reigned from 813 until his death in 833. His leadership was marked by t ...
in the 9th century, while the politically dominant Sunnites rarely found it necessary to resort to dissimulation.


See also

*
Outline of Islam Islam is an Abrahamic religions, Abrahamic monotheism, monotheistic religion teaching that there is only Tawhid, one God (God in Islam, Allah) and that Muhammad in Islam, Muhammad is Reverential capitalization, His last Prophets and messenge ...
* Shia clergy * The four schools of Sunni jurisprudence **
Hanafi The Hanafi school or Hanafism is the oldest and largest Madhhab, school of Islamic jurisprudence out of the four schools within Sunni Islam. It developed from the teachings of the Faqīh, jurist and theologian Abu Hanifa (), who systemised the ...
**
Hanbali The Hanbali school or Hanbalism is one of the four major schools of Islamic jurisprudence, belonging to the Ahl al-Hadith tradition within Sunni Islam. It is named after and based on the teachings of the 9th-century scholar, jurist and tradit ...
**
Maliki The Maliki school or Malikism is one of the four major madhhab, schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas () in the 8th century. In contrast to the Ahl al-Hadith and Ahl al-Ra'y schools of thought, the ...
**
Shafi'i The Shafi'i school or Shafi'i Madhhab () or Shafi'i is one of the four major schools of fiqh (Islamic jurisprudence), belonging to the Ahl al-Hadith tradition within Sunni Islam. It was founded by the Muslim scholar, jurist, and traditionis ...


Notes


References


Sources

*


External links


"Jafari: Shii Legal Thought and Jurisprudence" from Oxford Islamic Studies OnlineJa'fari FiqhJa'fari SchoolSome of Shi'a Islamic Laws booksIslamic Laws of G.A. Sayyid Abulqasim al-KhoeiIslamic Laws of G.A. Syed Ali al-Husaini SeestaniTowards an Understanding of the Shiite Authoritative Sources
{{Islam topics, state=collapsed Twelver Shi'ism Nizari Ismailism Madhhab