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Dynamic Fiqh

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Title: Dynamic Fiqh  
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Subject: Ja'fari jurisprudence, Yousef Saanei
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Dynamic Fiqh

This is a sub-article to Islamic jurisprudence and Twelvers.

Jaʿfarī school of thought, Ja`farite School, Jaʿfarī jurisprudence or Jaʿfarī Fiqh[note A] is the school of jurisprudence of most Shi'a Muslims, derived from the name of Jaʿfar as-Ṣādiq, the 6th Shi'a Imam. This school of jurisprudence is followed by Twelvers and Ismailis in general, as well as a small minority of Zaidis.

It differs from the four schools or 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.[1] However, despite these differences, there have been numerous fatwas regarding the acceptance of Jaʿfarī fiqh as an acceptable Muslim madhhab by Sunni religious bodies. These include the Amman Message and a fatwa by Al-Azhar. In the modern era, former Prime Minister of Sudan Sadiq al-Mahdi defined the recognized schools of Muslim jurisprudence as eight, Ja'fari was one of them.[2]



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 dynamics of the times.[3] 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 understanding and extraction of commandments.[4]


Main article: Akhbari

This school of thought takes a restrictive approach to ijtihad. This school has almost died out now since very few followers are currently left. Although, some neo-Akhbaris have emerged in the Indian subcontinent but they do not belong to the old Akhbari movement of Nahrain. [3]


Non-controversial fields

Controversial fields

These are the fields of the Ja'fari jurisprudence that are controversial among Muslims.

See also


  • ^A In Arabic script: جعفري, strict transcriptions: Jaʻfarī or Ǧaʿfarī, /d͡ʒaʕfariː/; from the name: جعفر, Jaʻfar/Ǧaʿfar, /d͡ʒaʕfar/.


External links

  • "Jafari: Shii Legal Thought and Jurisprudence" from Oxford Islamic Studies Online
  • Some of Shi'a Islamic Laws books
  • Islamic Laws of G.A. Sayyid Abulqasim al-Khoei
  • Islamic Laws of G.A. Fazel Lankarani
  • Islamic Laws of G.A. Syed Ali al-Husaini Seestani
  • Towards an Understanding of the Shiite Authoritative Sources

Template:Islamic Theology

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