{"id":3961,"date":"2020-03-07T14:07:49","date_gmt":"2020-03-07T14:07:49","guid":{"rendered":""},"modified":"2020-03-07T14:07:49","modified_gmt":"2020-03-07T14:07:49","slug":"the-science-of-jurisprudence-among-the-shiah","status":"publish","type":"post","link":"https:\/\/shiastudies.com\/en\/3961\/the-science-of-jurisprudence-among-the-shiah\/","title":{"rendered":"The Science of Jurisprudence among the Shi\u2018ah"},"content":{"rendered":"

The Science of Jurisprudence among the Shi\u2018ah<\/strong><\/h4>\n

The totality of man\u2019s actions, which is his relationship with God and fellow men, is in need of rules that embrace the science of jurisprudence. The laws of Islam have a divine origin emanating from the will of God. Of course, the will of God is never dependent upon contract and consent. It is rather based on intrinsic and true felicity and adversity. The Noble Messenger (S) is the messenger of God and his decree is the decree of God:
\n\u0648\u064e \u0645\u0627 \u064a\u064e\u0646\u0652\u0637\u0650\u0642\u064f \u0639\u064e\u0646\u0650 \u0671\u0644\u0652\u0647\u064e\u0648\u064e\u0649 \u0625\u0650\u0646\u0652 \u0647\u064f\u0648\u064e \u0625\u0650\u0644\u0627\u0651\u064e \u0648\u064e\u062d\u0652\u064a\u064c \u064a\u064f\u0648\u0652\u062d\u0649<\/strong><\/span><\/h4>\n

\u201cNor doth he speak of (his own) desire. It is naught save an inspiration that is inspired.\u201d[90][627]
\nAnd it is based on the verse, \u201cObey Allah and obey the Apostle and those vested with authority among you\u201d[91][628] that obedience to \u2018those vested with authority\u2019 {uli\u2019l-amr}\u2014the true successors of the Prophet (S)\u2014has been placed along with obedience to God and the Messenger (S). The statements of the infallible Imams (\u2018a) are nothing but an inspiration from God, and like the statements of the Prophet (S), obedience to them is obligatory.
\nThe State of Jurisprudence during the Period of the Companions {sahabah} and the Followers {tabi\u2018un}
\nBut after the demise of the Prophet (S) when the true path of Islam was changed and people were kept away from the rightful successors of the Prophet (S), they refer to the companions {sahabah} of the Prophet (S) concerning religious issues and problems. Of course, a number of the sahabah were forerunners in this matter. As Ibn Sa\u2018d says, during the caliphate of Abu Bakr, \u2018Umar, \u2018Uthman, \u2018Ali, \u2018Abd ar-Rahman ibn \u2018Awf, Mu\u2018adh ibn Jabal, Ubayy ibn Ka\u2018b, and Zayd ibn Thabit issued religious edicts {fatawa}.[92][629]
\nThe pure Imams (\u2018a) and a number of the Shi\u2018ah among the sahabah such as \u2018Abd Allah ibn al-\u2018Abbas and Abu Sa\u2018id al-Khudri were also recognized generally by the Ahl as-Sunnah as jurists and well-informed of the laws of Islam, and were referred by them.[93][630]
\nOf course, during that period, the Shi\u2018ah used to refer to the infallible Imams (\u2018a) and leaders of the Ahl al-Bayt (\u2018a) in matters of jurisprudence and Islamic teachings in general. So, jurisprudence and ijtihad[94][631], as they are applied today, were not existent then. But after the end of the period of the sahabah, on account of the emergence of new issues in jurisprudence, a number of the Followers {tabi\u2018un} (the generation succeeding the sahabah) had engaged in matters of jurisprudence {fiqh} and the term faqih {jurist or jurisprudent} was applied to them. Among them were the \u201cseven jurists\u201d of Medina.[95][632]<\/h4>\n

The State of Jurisprudence among the Shi\u2018ah<\/strong><\/span>
\nThe state of jurisprudence among the Shi\u2018ah was different owing to the presence of the infallible Imams (\u2018a) and ijtihad, then discussed among the Ahl as-Sunnah, was not developed among the Shi\u2018ah.
\nIt can be said in general that the Shi\u2018ah jurisprudence during the periods of the presence of the infallible Imams (\u2018a) up to the end of the minor occultation {ghaybah as-sughra} has been at the period of settlement and preparation for ijtihad.[96][633] With the presence of the infallible Imams (\u2018a), keeping open the door of knowledge and accessibility of the textual sources, the need for ijtihad, which largely depends on intellectual bases, had not been much felt then.
\nShi\u2018ah jurisprudence on the basis of ijtihad was first founded by Ibn Abi \u2018Aqil \u2018Ummani (died in the first part of the fourth century AH), a contemporary of al-Kulayni. After him, Muhammad ibn Junayd Askafi (died mid-fourth century AH) continued his way and fortified the edifices of ijtihad and juristic deduction {istinbat}.
\nThey are known as the \u201cQadimayn\u201d {the two seniors}. Shaykh al-Mufid (died 413 AH) and Sayyid Murtadha \u2018Alam al-Huda (died 436 AH) also followed the path of ijtihad until it was the turn of Shaykh at-Tusi (460 AH). The Shi\u2018ah jurisprudence attained a glorious stage through this great man. Apart from writing reliable books on hadith, At-Tahdhib and Al-Istibsar, he also strived to collect books on jurisprudence and ijtihad, authoring such books on jurisprudence as An-Nihayah, Mabsut and Khilaf.
\nOf course, it does not mean that ijtihad and jurisprudence had never been discussed during the presence of the pure Imams (\u2018a). As a matter of fact, some people had no direct access to the pure Imams (\u2018a) due to location and peculiar conditions.
\nSo, in this regard, the pure Imams (\u2018a) presented to the people the criteria by which to identify the jurists to whom they could refer in case of necessity, dealing in a sense with the preliminary ijtihad as well as answering the inquiries of people. For example, it is stated in the Maqbulah of \u2018Umar ibn Hanzalah that he asked Imam as-Sadiq (\u2018a) about two persons from among the Shi\u2018ah who were in conflict over religious issues such as liability and debt {dayn} and inheritance {mirath}.
\nThe Imam said, \u201cThey have to look for a person who could narrate our hadiths, give opinion about what we declared lawful {halal} and unlawful {haram}, and know our decrees {ahkam} for I declare such a person as the judge and arbiter for you.\u201d[97][634]
\nSometimes also the pure Imams (\u2018a) would appoint certain persons to whom the Shi\u2018ah refer in matters of jurisprudence and religious laws. For instance, according to Shaykh at-Tusi, \u2018Ali ibn Musayyab said to Imam ar-Ridha (\u2018a): \u201cThere is a long way and I cannot come to you whenever I want. From whom should I ask about your religious decrees?\u201d
\nThe Imam replied: \u201c{You may ask} from Zakariyya ibn Adam as he is trustworthy in {matters of} religion and the world.\u201d[98][635] Similarly, Imam al-Baqir (\u2018a) commanded Aban ibn Taghlib to sit in the mosque and issue religious edicts {fatawa} for the people.[99][636]<\/h4>\n

The Beginning of Ijtihad<\/strong><\/span>
\nDuring the period of the pure Imams (\u2018a), they used to teach their students the principles of jurisprudence {usul al-fiqh} and the rules of deducing them. For this reason, books attributed to the infallible Imams (\u2018a) have been written by Shi\u2018ah scholars; for example, the book Usul Al ar-Rasul written by Hashim Khwansari; Usul Asliyyah authored by Sayyid \u2018Abd Allah ibn Muhammad-Ridha Husayn; and the book Fusul al-Muhimmah on the principles of the Imams (\u2018a) penned by Muhammad ibn al-Hasan Hurr al-\u2018Amili.[100][637]
\nIn the books on rijal, some of the great companions of the pure Imams (\u2018a) have been described as jurists {fuqaha}. For example, Najashi thus says about Fadhl ibn Shadhan: \u201c\u2026He was one of our reliable companions among the jurists {fuqaha} and scholastic theologians {mutakallimun}.\u201d[101][638]<\/h4>\n

The Jurists {fuqaha} among the Companions of the Imams (\u2018a)<\/strong><\/span>
\nShaykh at-Tusi has introduced eighteen persons from among the companions of Imam al-Baqir, Imam as-Sadiq, Imam al-Kazim, and Imam ar-Ridha (\u2018a) as the Imams\u2019 jurist-companions, describing them as \u201cjurists among the companions of Abu Ja\u2018far (\u2018a),\u201d \u201cjurists among the companions of Abu \u2018Abd Allah (\u2018a),\u201d ),\u201d and \u201cjurists among the companions of Abu Ibrahim and Abu\u2019l-Hasan ar-Ridha (\u2018a).\u201d
\nIn continuation, Shaykh at-Tusi has added that the Shi\u2018ah have consensus of opinion regarding the authenticity of their narrations and acknowledge their expertise in jurisprudence among the companions of the pure Imams (\u2018a). He then introduced them in three categories.
\nFirst category: The jurists among the companions of Imam al-Baqir (\u2018a) such as Zurarah known as Kharbud, Barid, Abu Basir Asadi, Fadhil ibn Yasar, and Muhammad ibn Muslim at-Ta\u2019ifi, among whom Zurarah was the most learned. The six were also considered among the companions of Imam as-Sadiq (\u2018a).
\nSecond category: The jurists among the companions of Imam as-Sadiq (\u2018a) such as Jamil ibn Darraj, \u2018Abd Allah ibn Maskan, \u2018Abd Allah ibn Bakir, Hammad ibn \u2018Isa, and Hammad ibn \u2018Uthman.
\nThird category: The jurists among the companions of Imam al-Kazim and Imam ar-Ridha (\u2018a) such as Yunus ibn \u2018Abd ar-Rahman, Safwan ibn Yahya, Biya\u2018 as-Sabiri Muhammad ibn Abi \u2018Umayr, \u2018Abd Allah ibn al-Mughayrah, Hasan ibn Mahbub, and Ahmad ibn Muhammad ibn Abi Nasr.[102][639]
\nIn the section about the reports {akhbar} of the Shi\u2018ah jurists and their written books, Ibn Nadim has also mentioned a number of the jurists among the companions of the pure Imams (\u2018a), saying: \u201cThey are sheikhs who have narrated fiqh from the Imams.\u201d He has then mentioned them, viz. Salih ibn Abu\u2019l-Aswad, \u2018Ali ibn Ghurrab, Abu Yahya Layth Muradi, Zurayq ibn Zubayr, Abu Salmah al-Basri, Isma\u2018il ibn Ziyad, Abu Ahmad \u2018Umar ibn ar-Radhi\u2018, Dawud ibn Farqad, \u2018Ali ibn Ri\u2019ab,
\n\u2018Ali ibn Ibrahim Mu\u2018alli, Hisham ibn Salim, Muhammad ibn Hasan al-\u2018Attar, \u2018Abd al-Mu\u2019min ibn Qasim al-Ansari, Sayf ibn \u2018Umayrah Nakha\u2018i, Ibrahim ibn \u2018Umar San\u2018ani, \u2018Abd Allah ibn Maymun, Qadah, Rabi\u2018 ibn Madrak, \u2018Umar ibn Abi Ziyad Abzari, Zaykar ibn Yahya Wasiti, Abu Khalid ibn \u2018Amru ibn Khalid Wasiti, Hariz ibn \u2018Abd Allah Azadi Sijistani, \u2018Abd Allah Halabi, Zakariyya Mu\u2019min, Thabit \u1e0carari, Mathna ibn Asad Khayyat, \u2018Umar ibn Adhinah, \u2018Ammar ibn Mu\u2018awiyah Dahni \u2018Abdi Kufi, Mu\u2018awiyah ibn \u2018Ammar Dahani, and Hasan ibn Mahbub Sarad, for each of whom one book has been mentioned.[103][640]<\/h4>\n

Summary<\/strong><\/span>
\nThe totality of actions of man is in need of rules which embrace the science of jurisprudence.
\nAfter the Holy Prophet (S) when the people were kept away from the rightful successors, they referred to the companions {sahabah} of the Prophet (S).
\nBy the end of the period of the sahabah, a number of jurists {fuqaha} emerged from among the Ahl as-Sunnah.
\nBut the condition of jurisprudence {fiqh} among the Shi\u2018ah was different because the Infallibles (\u2018a) were present and the need for ijtihad was not so much felt. Jurisprudence during these periods was at the stage of preparation for ijitihad. In fact, jurisprudence base on ijtihad was first discussed at the time of Ibn Abi \u2018Aqil \u2018Ummani during the fourth century AH.
\nOf course, during the periods of the Imams (\u2018a) a sort of ijtihad was also discussed. At times, the pure Imams (\u2018a) would teach the way and method of ijtihad to their companions. For this reason, books on the principles of jurisprudence {usul al-fiqh} attributed to those personages were written.
\nShaykh at-Tusi has introduced eighteen persons from among the companions of Imam al-Baqir, Imam as-Sadiq, Imam al-Kazim, and Imam ar-Ridha (\u2018a) as \u201cjurists among the companions of the Imams (\u2018a)\u201d.<\/h4>\n

shiastudies.com\/en<\/a><\/h4>\n","protected":false},"excerpt":{"rendered":"

The totality of man’s actions, which is his relationship with God and fellow men, is in need of rules that embrace the science of jurisprudence. The laws of Islam have a divine origin emanating from the will of God. Of course, the will of God is never dependent upon contract and consent. It is rather based on intrinsic and true felicity and adversity. The Noble Messenger (S) is the messenger of God and his decree is the decree of God:<\/p>\n","protected":false},"author":2,"featured_media":9908,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7453,7771],"tags":[7556,18568],"class_list":["post-3961","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-bank-of-subjects-of-articles","category-islamic-jurisprudence-and-principles","tag-shiastudies","tag-the-science-of-jurisprudence-among-the-shiah"],"_links":{"self":[{"href":"https:\/\/shiastudies.com\/en\/wp-json\/wp\/v2\/posts\/3961","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/shiastudies.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/shiastudies.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/shiastudies.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/shiastudies.com\/en\/wp-json\/wp\/v2\/comments?post=3961"}],"version-history":[{"count":0,"href":"https:\/\/shiastudies.com\/en\/wp-json\/wp\/v2\/posts\/3961\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/shiastudies.com\/en\/wp-json\/wp\/v2\/media\/9908"}],"wp:attachment":[{"href":"https:\/\/shiastudies.com\/en\/wp-json\/wp\/v2\/media?parent=3961"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/shiastudies.com\/en\/wp-json\/wp\/v2\/categories?post=3961"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/shiastudies.com\/en\/wp-json\/wp\/v2\/tags?post=3961"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}