Jaʽfari jurisprudence

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Jaʿfari jurisprudence (Arabic: الفقه الجعفري‎; also spelled Jafarite), Jaʿfari school or Jaʿfari fiqh, is the school of jurisprudence (fiqh) in Twelver and Nizari Shia Islam, named after the sixth Imam, Ja'far al-Sadiq. Jaʽfari jurisprudence_sentence_0

In Iran, Ja'fari jurisprudence is enshrined in the constitution. Jaʽfari jurisprudence_sentence_1

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. Jaʽfari jurisprudence_sentence_2

Since 1959, Jaʿfari jurisprudence has been afforded the status of "fifth school" along with the four Sunni schools by Azhar University. Jaʽfari jurisprudence_sentence_3

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. Jaʽfari jurisprudence_sentence_4

Branches Jaʽfari jurisprudence_section_0

Usuli Jaʽfari jurisprudence_section_1

Main article: Usuli Jaʽfari jurisprudence_sentence_5

This school of thought utilizes ijtihad by adopting reasoned argumentation in finding the laws of Islam. Jaʽfari jurisprudence_sentence_6

Usulis emphasize the role of Mujtahid who was capable of independently interpreting the sacred sources as an intermediary of the Hidden Imam and thus serve as a guide to the community. Jaʽfari jurisprudence_sentence_7

This meant that legal interpretations were kept flexible to take account of changing conditions and the dynamics of the times. Jaʽfari jurisprudence_sentence_8

This school of thought is predominant among most Shia. Jaʽfari jurisprudence_sentence_9

Ayatollah Ruhollah Khomeini emphasized that Ja'fari jurisprudence is configured based on the recognition that epistemology is influenced by subjectivity. Jaʽfari jurisprudence_sentence_10

Accordingly, Ja'fari jurisprudence asserts Conventional Fiqh (objective) and Dynamic Fiqh (subjective). Jaʽfari jurisprudence_sentence_11

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. Jaʽfari jurisprudence_sentence_12

Akhbari Jaʽfari jurisprudence_section_2

Main article: Akhbari Jaʽfari jurisprudence_sentence_13

This school of thought takes a restrictive approach to ijtihad. Jaʽfari jurisprudence_sentence_14

This school has almost died out now; very few followers are left. Jaʽfari jurisprudence_sentence_15

Some neo-Akhbaris have emerged in the Indian subcontinent, but they do not belong to the old Akhbari movement of Bahrain. Jaʽfari jurisprudence_sentence_16

See also Jaʽfari jurisprudence_section_3

Jaʽfari jurisprudence_unordered_list_0

  • Bada'Jaʽfari jurisprudence_item_0_0

Twelvers, along with other Shia sects such as the Zaydis, reject predestination. Jaʽfari jurisprudence_sentence_17

This belief is further emphasized by the Shia concept of Bada’, which states that God has not set a definite course for human history. Jaʽfari jurisprudence_sentence_18

Instead, God may alter the course of human history as is seen to be fit. Jaʽfari jurisprudence_sentence_19

Jaʽfari jurisprudence_unordered_list_1

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. Jaʽfari jurisprudence_sentence_20

It is a private contract made in a verbal or written format. Jaʽfari jurisprudence_sentence_21

A declaration of the intent to marry and an acceptance of the terms are required (as they are in nikah). Jaʽfari jurisprudence_sentence_22

Zaidi Shias, Ismaili Shias, and Sunni Muslims do not practice nikah mut'ah. Jaʽfari jurisprudence_sentence_23

Jaʽfari jurisprudence_unordered_list_2

  • TaqiyahJaʽfari jurisprudence_item_2_2

In Shia Islam, taqiya (تقیة taqiyyah/taqīyah) 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. Jaʽfari jurisprudence_sentence_24

Once source for this understanding comes from al-Kafi. Jaʽfari jurisprudence_sentence_25

This practice was emphasized in Shi'a Islam whereby adherents may conceal their religion when they are under threat, persecution, or compulsion. Jaʽfari jurisprudence_sentence_26

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. Jaʽfari jurisprudence_sentence_27

See also Jaʽfari jurisprudence_section_4

Jaʽfari jurisprudence_unordered_list_3

  • Outline of IslamJaʽfari jurisprudence_item_3_3
  • The four schools of Sunni jurisprudenceJaʽfari jurisprudence_item_3_4
    • HanafiJaʽfari jurisprudence_item_3_5
    • HanbaliJaʽfari jurisprudence_item_3_6
    • MalikiJaʽfari jurisprudence_item_3_7
    • Shafi'iJaʽfari jurisprudence_item_3_8


Credits to the contents of this page go to the authors of the corresponding Wikipedia page: en.wikipedia.org/wiki/Jaʽfari jurisprudence.