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The comprehension of Islamic jurisprudence

Jurisprudence is one of the most important branches of Islamic science. Jurisprudence deals with extracting the laws from the major sources of Islamic Law (the Qur'an, the traditions of the Prophet, the Consensus of Opinions of scholars, and reason). Jurisprudence is a theoretical science in contrast to the science of hadith that is a narrative one.From the first century Muslims started the exegesis of divine law. Exegesis as it is understood today is a part of any religion like Islam that belongs to all nations and is not restricted to a particular people, race, and region and on the other had belongs to all times. It is the last religion valid in all conditions.

Some (scholars) have the thought that exegesis amongst the Ahlul suannat appeared in the first century while amongst the shites in the third century. They said that the reason why the Shiites were left behind in fiqhe (jurisprudence) is because of their self sufficiency towards exegesis because of the presence of the holy imams.However as we have proved in the articles named "ijtihad dar islam" (exegesis in islam) and ilhami ash shaykh at tayifa (inspiration from the leader of the sect), this idea is wrong.

Fiqh (jurisprudence) with the meaning of skilled use for deduction, extraction and collating the principles and the generalities on the minor issues, from the early days also existed among the Shiites and so also among the ahl sunnat with the fundamental differences that exist between these two Islamic sects in respect to the source of fiqh either relying or not relying on personal opinion and analogy.

Ahlul tassanon claims that the first person amongst the Muslims that practiced exegesis was muaz bin jabbal he is among the companions of the holy prophet, he traveled to Yemen for preaching Islam with the command of the holy prophet.His story is well known. Allamah faqid (deceased seyyed hasan sadr in the book tasees ashia (establishment of shiism writes "the first shia books on jurisprudence was written during the time of ali (leader of the faithful), by obaidallah bin abi rafeu that was the secretary and treasurer of ali.

We have formally mentioned about obaid allah and his father in the series of authors of the books of narration (hadith). Ibn al Nadim mentioned some of the shia books on jurisprudence and their authors in the time of the holy imams under the title of, fuqaha ush shia "jurisconsults of shittes".

Some of them in the time of the holy imams were Iranians, however, surely they were the minority at that time compared to those jurisconsults that were not Iranians. Generally the jurisconsluts of shittes whether in the time of the holy imams or the time after that in the seventh century constituted the majority of the fuqaha that were not Iranians.The ancient fuqaha of Shiites that today in our present time we have their books in our hands and their opinions and ideas were transmitted and quoted in the books of jurisprudence most of them were not Iranians.

Among the Iranian scholars in the category of the ancient scholars are the first Saduq (Ali bin Husayn bin Babaway Qommi), the second Saduq (Muhammad bin ali bin Husayn, and perhaps all of the family of babaway such as shayk muntajab ad deen ar razi, who was grandson of husayn ibn ali ibn babway qommi, and similarly shaykh at taifa (shaykh at tusi), then shaykh salar daylami author of al marasim and student of shaykh al mufid and sayiid murtadha, ibn hamzah at tusi, author of al waseelah, ayyashi who was mentioned previously as a commentator of the Qur'an and many of whose books on jurisprudence ibn nadim mentions.Saying his books are very common in khurasan. However in contrast we see that until the seventh century a majority of Shiite scholars are known Iranians, such as ibn junayd, ibn abil aqeel, shaykh al mufid, sayyid murtadha alam al huda, qazi abdul azeez bin barraj, abu as salh al halabi, sayiid ibn zuhrah, ibn idris, muhaqqiq Hilli, allamah hilli, and others whom we will mention. The reason for this is clear, in that era shiism was in minority in Iran.

The Shiites of Lebanon, hallab (Aleppo), and Iraq were apparently more numerous than those of Iran and also had better conditions. Form the seventh centuries onwards, especially last three to four centuries, the majority of the fuqaha, of Shiites were formed by Iranians.

At the same time, in the same last cycle there were some fuqaha of Shiites that arose amongst the Arabs that were extraordinarily excellent, like shaykh jafar kashifal ghita and shaykh moihammad hasan shib jawahiril kalam may Allah bless pleased with all of them.

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Fiqh Islamic Shiites


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