جستجوی مقالات مرتبط با کلیدواژه "ijtihad" در نشریات گروه "فلسفه و کلام"

The issue of "legislative ijtihad of the Holy Prophet" dates back to the early history of Islam. Some Sunni scholars believe that Prophet Muhammad (peace be upon him and his progeny), in some religious rulings where no revelation was revealed upon him, acted based on his own ijtihad (i.e. independent reasoning). The research problem is that the admission of legislative ijtihad in divine rulings undermines trust in the rulings taught by the Holy Prophet and opens the door to personal opinions and discretion in religious rulings. The aim of this paper is to examine the theory of "legislative ijtihad of the Holy Prophet" based on Quranic and narrative arguments and evidences, with emphasis on the views of Ibn Ḥazm Al-Andalusī and ‘Allāmah Ḥillī. The research method is descriptive-analytical and through utilizing library sources, the data is described and historical analysis of the research problem is made. The research findings in brief suggest that according to ‘Allāmah Ḥillī, the concept of legislative ijtihad of the Holy Prophet in an absolute sense is rejected, and is only acceptable in the case of divine permission and within the framework of principles of revelation. Ibn Ḥazm also believes that the narrations cited to prove the legislative ijtihad of the Prophet have weak chains of transmission and contradict the apparent meaning of the Quranic verses.

A significant question about  Imam Khomeini’s theory of the guardianship of the jurist (wilāyat al-faqīh) revolves around the scholarly prerequisites for the ruling jurist. Should the ruling jurist be an absolute mujtahid? Must the ruling jurist have deduced all jurisprudential rulings before assuming the guardianship position? Is it necessary for the ruling jurist to surpass his contemporary jurists in knowledge? If the answer to the latter question is affirmative, should this knowledge superiority be in jurisprudential inferences or in political management and administration? This study does not delve into arguments supporting the doctrine of the guardianship of the jurist as presented by prominent jurists. Instead, it employs the analytical method and draws upon library resources, particularly Imam Khomeini's jurisprudential works, to address these questions. According to the research findings, Imam Khomeini mandates the potential for absolute ijtihad in the guardian jurist, signifying the ability to make jurisprudential inferences in a significant number of sharia rulings. Furthermore, he stipulates the actual inference of a substantial number of sharia rulings for the ruling jurist, requiring that the majority of jurisprudential rulings be inferred before assuming the position. Moreover, based on caution, Imam Khomeini requires that the ruling jurist be the most knowledgeable jurist in the land of his reign concerning the inference of jurisprudential rulings and the management of public affairs. When Imam Khomeini's views are juxtaposed to his practice, it becomes evident that in the absence of a jurist meeting all the conditions, certain conditions can be compromised in favor of others.

In Shi’a jurisprudence, conditions have been expressed for a jurisprudent, as a reference of the public, which are not limited to scientific and epistemological properties, i.e., some non-epistemological properties are also mentioned for authorities. Are these conditions embedded or based on the epistemic results that they have? If the epistemic influence of these factors is proven, considering the above criteria, is it possible to revise the conditions of authority? It seems that considering the effect of these conditions in beliefs, this can be said such factors prevent referrals to those who purposely create distortions in jurisprudence, and also prevent the jurisprudent from being influenced by these factors, getting away from the truth and going towards false beliefs. Investigating the role of various factors on the knowledge of the jurisprudents introduces a new insight into the determination and enrichment of the conditions of authorities and authentication.

This article has analyzed and evaluated the evidences that the theories about the multiple readings of religion have relied on. Considering that the multiplicity of readings of religion has created important challenges in the field of religious knowledge, it is necessary to evaluate the arguments presented. The research method in this article is analytical-critical. The results of this research indicate that the most important reason for these theories is the justification of the naturalness of the phenomenon of multiple readings through the foundations of religious pluralism of John Hick and philosophical hermeneutics in the relativity of understanding. But considering that these foundations lead to the relativism of religious knowledge, and these theories have tried to escape from these supplies, their theories have suffered internal contradictions. Arguing for epistemic diversity in ijtihad and longitudinal studies of religion, although it may lead to cases of multiple readings, but such epistemic diversity is very different from the main claim based on the mentioned foundations.

Islamic teachings in a common and famous division is divided into three sections of beliefs, ethics and jurisprudence. In the field of jurisprudence with a historical background, ijtihad scientific work has always been considered and considere however, in the two fields of doctrinal and moral knowledge, despite their great importance and impact on the guidance, growth, perfection and happiness of human beings and society, ijtihad and mujtahid scientific efforts have received much. less attention after defining the concept and purpose of ijtihad in doctrinal teachings, this article seeks to prove the necessity of ijtihad and deep inferential work in the field of doctrinal teachings by stating three types of Quranic arguments, narration and reason and after mentioning many narrative and rational arguments, it is concluded that it is very necessary and essential that in the doctrinal teachings, accurate and deep ijtihad and inferential efforts, such as ijtihad in jurisprudence, be done properly and adequately.

The view that the possibility of Islamic law in the context of modernity and the modern state is impossible, among the fundamental reasons for this claim has expressed the epistemological distinction and incompatibility of Islamic law with the method of codification (codification of laws), as one of the important the most features of the modern legal system. In this approach, the legal codes of technology of modern state are considered for monopolizing regulation, creating authority and integration, and homogenizing the society. On the contrary, according to this view, the history of the formation of Islamic law and its characteristics in the pre-modern period reflects these qualities: its non-exclusive, not focused on political power, pluralistic, individualistic and hermeneutic nature, which is fundamentally inconsistent with the codification techinque. In any case, it seems that such claim is wrong for at least two main reasons, and can be jeopardized by claiming the compatibility of codification and Islamic law: First, according to the approach of incompatibility of codification and Islamic law, history Islamic law in the pre-modern period is incorrect and without considering the developments in which there was a tendency to collect Islamic rules and judgement in codified collections; Second, the above view is based on a misunderstanding of code and codification and its role in the modern state and is considered more as an ideological issue. Thus, in this research, using a descriptive-analytical method, while explaining the view of the incompatibility of Islamic law with codification, the aforementioned critiques have been expound in order to draw a consistent horizon between codification and Islamic law.

In Shi’a jurisprudence, conditions have been expressed for a jurisprudent, as a reference of the public, which are not limited to scientific and epistemological properties, i.e., some non- epistemological properties are also mentioned for authorities. Are these conditions embedded or based on the epistemic results that they have? If the epistemic influence of these factors is proven, considering the above criteria, is it possible to revise the conditions of authority? It seems that considering the effect of these conditions in beliefs, this can be said such factors prevent referrals to those who purposely create distortions in jurisprudence, and also prevent the jurisprudent from being influenced by these factors, getting away from the truth and going towards false beliefs. Investigating the role of various factors on the knowledge of the jurisprudents introduces a new insight into the determination and enrichment of the conditions of authorities and authentication.

Around the second century AH, when oral jurisprudence was about to change to school jurisprudence, the differences of jurisprudents on some issues, both in primary and secondary principles, became apparent, and perhaps the same jurisprudential differences played a major role in establishment of jurisprudential schools in the early Islam. Among the differences, analogy is the most important issue in philosophy and logic, especially in Sunni and Imamiyya jurisprudence that became one of the principles, so that it was counted one of the ijtihadi sources[1] in Sunni jurisprudence, one of the ijtihadi proofs[2] in Imamiyya jurisprudence, and one of the arguments and argumentation tools, especially in logic and philosophy. This article, in addition to providing a comprehensive definition of analogy, seeks to examine its weakness and strength, and according to logic, philosophy, and the critique of al-Ghazzali’s views in al-Mustaṣfa, give a logical answer based on ijtihad to the question “Why does not Imamiyya act according to analogy?”. Also, it proves that Imamiya does not act according to analogy, due to the conjectural essence of commonly accepted jurisprudential analogy and the necessity of acquiring certainty in religious rules through the Qur’an and the conduct of the infallibles (as).


[1] Sources of Ijtihad in Sunni jurisprudence


[2] Proofs for Ijtihad in Imamiyya jurisprudence

Reason and science of the region have provided the discovery of truth and the achievement of the answers and ambiguities of human life in the new age. The same mustache has spoken about the lack of necessity of religion in building human life, and has rejected religious teachings for the sake of being alone with the approaches of reason and science. The answer to these ambiguities and to uphold the worship of religion in defense of its wise and wise prestige is essential. Professor Motahari, by understanding this necessity in a coherent set of scientific publications, has expressed the importance of reason and science and the pursuit of sharia. He considers the complexity of religion not to provide all the details but to provide a mechanism for extracting details at all ages and times. Based on this mechanism and process, which is nothing but a rational-minded ijtihad, the Mujtahid can To achieve a balance between religious intransigence and flexibility and religious change. He agrees with the priority of reason in understanding the religious propositions and considers it useful in the field of lawmaking. On the one hand, it is believed that Islam does not reject experimentation and science, but considers it to be religious. Therefore, wisdom and science are at the exact end with the Shari'ah, but in terms of the priority of wisdom prior to science and religion.

The position of Ifta (giving religious verdict) and the expression of religious orders is one of the duties of Faqihs during the period of occultation of Imam Mahdi (p.b.u.h). Although Shiah Faqihs are in complete agreement about Ifta for Faqih and getting his approval in obeying him in religious verdicts he gives, they are in disagreement in legitimacy of Ifta and its obligation in getting permission from an infallible`s decree. The present paper seeks to expound whether undertaking the responsibility of Ifta needs Divine command or it is a scientific position that does not need to be fabricated or installed. However, Shiah Faqihs discussed about Ifta, they did not take it into serious consideration. Therefore, the current article deals with the essence of what Ifta is. The findings show that on one hand Ifta is an individual and scientific incident that is equal to Ijtihad. So it is not to be fabricated or installed. Everyone can reach this position by attaining the basics of Ijtihad. But on the other hand it means jurisprudency and intervening in others` affairs that is a social incident. Ifta is a divine position and it can be fabricated or installed.

Ijtihad’s goal is acquisition of true knowledge of juristic judgements and the knowledge is affected by various elements. Moral attributes of the religious jurist, divided into virtues and evils, is one of the elements. virtues affect true knowledge and comprehension of Islamic jurisprudence significantly, as evils prevent it, therefore, recognition of the effective attributes in Ijtihad (both virtues and evils) is necessary. Religious jurist must try to acquire the true knowledge, consequently, he should arrange moral virtues that affect the knowledge and be free from moral evils, too`.
Effect of moral attributes in Ijtihad ,as a principle, is the preconception. In this article by both rational or traditional methods, researchers investigate which attributes affect Ijtihad. Moral justice, fair thought, humility, egoism, mundane, hastiness and hostility are the most important moral attributes that affect Ijtihad.

The present paper studies the status of reason in the religious issues from the viewpoints of the Salafis and Akhbaris sects. The study indicates that the Salafis rely only on the appearances of the traditions (hadiths) of the Prophet and the life style (seerah) of predecessor scholars, and similarly the Akhbaris consider the appearances of the narrations of Imams the only authentic resources for religious reference. They deny the validity of reasoning and Ijtihad in their opinion.It can be said in criticism of their opinions: despite the plenty of advices from the exact religious texts on reasoning and its significance, rationality is completely ignored by them.

In analyzing and explaining seal of prophethood as a doctrine, almost all scholars who have dealt with this issue considerhuman intellectual maturityas the main criterion and the secret of the emergent finality.The present article explains and analyzes the proposed approaches and perceptions regarding intellectual maturity and thus aims toreview this idea critically.As a result,the study shows that the idea of human intellectual maturity is merely a subjective theorization intended to organize the philosophy of seal of prophethood. Hence, no clear reason or objective piece of evidence can be discerned in the context of its external reality that will however support or confirm it. A more fundamental critique targeted at the idea of human intellectual maturity in this regard is that accepting this notion on the basis of the various analyses given so far will lead to the termination of religiosity or to the finality and rejection of imamate; and these two conclusions are to be rejected and denied based on clear and unmistakable evidencesforthe philosophy of prophethood and imamate. In the final part of this study, after an analysis and examination of four approaches to the relationship between seal of prophethood and imamate, a fifth approach is introduced: imamate as the main secret of the seal of prophethood. According to this perspective, imamate is not considered as a marginal complementary doctrine side by side the seal of prophethood, but as providing the basic foundations of belief in the seal of prophethood and as the criterion for it. Therefore, the article finds the notion of the seal of prophethood as only understandable on the basis of the imamate doctrine, rather than the intellectual maturity of humanity or his capabilities with regard to ihtihād in religion. This idea is founded on a specific reading of the revelational scriptures (Holy texts) especially the Glorious Qur’an as the Final Revelation. In addition, the author believes that this new understanding can be supported and confirmed through all rational and scriptural arguments and historical and objectiveevidences.

Investigating the mutual effect and utilization of scientific disciplines is one of the important axes in the philosophies related to sciences. In the meantime, utilizing ethics and moral values in different sciences is an important axis. The present paper examines the issue of utilizing ethics and moral values in fiqh (jurisprudence) and Ijtihad. The principle of utilization is altogether presupposed and not discussed in this paper. This paper elaborates on the ways and methods by which ethics is utilized in Ijtihad, the most important of which are as follows: utilizing in the reinforcement or weakening the procession of a narration; utilizing to explain legal injunction not injunction based on concealment; utilizing to explain permanent injunction of Shariah (Divine Law); utilizing in public usage; utilizing to understand obligation or non-obligation; utilizing to prove the continuation of an injunction; utilizing to prove relinquishment; utilizing by the way of interpreting and determining a meaning among several probable meanings; utilizing in predication against apparent; utilizing in specification and determination; utilizing in allocation to a certain time or event; utilizing in predication on corrective injunction; utilizing by the way of conflict; utilizing by the way of interference, utilizing by the way of issuing fatwa.

Development of the culture of Ra’y and Qiyyas in the first century, to serve as a complement to offset the lack of availability of Revelation, at least the lack of related issues in the Book and the Sunnah, they were resolved through Ra’y and Ijtihad. Development of this process in the current legal and judicial system caused many people consider it normal. The culture had revealed some effects among some Shia who were newly guided or those who had more interaction with the public. Imam Sadiq (peace be upon him) tried to take them away from the faults of this culture. The present article attempts to examine the influence of Ra’y and Qiyyas on the Shia of Kufa in the first half of the second century.

Shiite theological thought has been known with various qualities of which three important cases are: purity, Imamate and religious inference, ijtihad. The three Shiite teachings are important in Farabis thought and form his foundations of his philosophy, in particular, his political philosophy. His view on prophecyalso contains purity in majority. Furthermore, Imamate and religious inference, ijtihad are emphasized by him. He has brought dynamic ijtihad into consideration and believes in governmental part of a surely established mujtahid