Ja'fari jurisprudence

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Ja'fari school of thought, Ja'fari jurisprudenceas or Ja'fari Fiqh is the name of the jurisprudence of the Shi'a Twelvers Muslims, derived from the name of Ja'far al-Sadiq, the 6th Shia Imam. In general it differs from the four schools or Madh'hab of Sunni fiqh on matters of inheritance, religious taxes, commerce, and personal status, and most famously in its allowing of temporary marriage or mut`a.[1] However, even with these differences, there have been fatwas regarding the acceptance of Ja'fari fiqh as an acceptable Sunni Madh'hab. These include the Amman Message and a fatwa by Al-Azhar.

Contents

[edit] Branches

[edit] Usuli

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 dynimics of the times.[2] This school of thought is predominant among most of Shi'a.

According to idea developed by Ayatollah Ruhollah Khomeini, two kinds of Ja'fari jurisprudence can be recognized. One as Conventional Fiqh and another as Dynamic Fiqh. In Dynamic Fiqh, which is backed by the famous text book Javaher-al-Kalem (Arabic: جواهر الكلم‎), one should consider the concept of time, era, and age (Arabic: زمان‎) as well as the concept of place, location and venue (Arabic: مکان‎). He stated that these two concepts have key role in the underestanding and extraction of commandments. [3]

[edit] Akhbari

Main article: Akhbari

This school of thought takes a restrictive approach to ijtihad. Akhbaris are located in Basra, its environs and Bahrain.[4]

[edit] Sub-articles

[edit] Non-controversial fields

[edit] Controversial fields

This are the fields of the Ja'fari jurisprudence that are controversial among Muslims.[citation needed]

[edit] See also

[edit] Notes

  1. ^ Nasr, Vali, The Shia Revival, Norton, (2006), p.69
  2. ^ [Oxford concise dictionary of Politics,2003:487]
  3. ^ (Persian: صحيفه نور) http://www.tebyan.net/Html1/Sahife/html/21/289.htm
  4. ^ [Oxford concise dictionary of Politics,2003:487]

[edit] References

  • Oxford concise dictionary of Politics,2003

[edit] External links

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