Draft:The Role of Time and Space in Ijtihad

The Role of Time and Space in Ijtihad (Arabic: دَوْرُ الزَّمانِ وَالْمَكانِ في الإجتِهاد) is a theoretical framework within Islamic jurisprudence that advocates for the re-evaluation of specific fatwas based on changing circumstances. This theory posits that incorporating the variables of time and space into the process of Ijtihad enhances the capacity of jurisprudence to address contemporary needs and resolve modern challenges. While the theory is prominently associated with Imam Khomeini, the Shi'a Marja' of the 20th and 21st centuries, researchers trace its conceptual roots to the works of earlier scholars such as al-Shahid al-Awwal, Muhammad Husayn Kashif al-Ghita, and Sayyid Muhammad Baqir al-Sadr.

In this context, "time" and "space" denote the specific conditions and circumstances that emerge in distinct situations, precipitating alterations in the "subject matter" (mawdu') of jurisprudential rulings. Shi'a jurists maintain that while time and space do not alter the essence, methods, or sources of ijtihad, their influence extends to the interpretation and application of religious texts. Examples of rulings that have evolved due to shifting temporal and spatial conditions include the permissibility of judgment by a non-mujtahid, the sale of human organs, the ruling on Chess, various socio-political regulations, and the method of offering sacrifices during the Hajj. In 1995, a major congress was convened to elucidate this theory, resulting in the publication of a 15-volume collection of articles.

Importance

The theory of the role of time and space in ijtihad addresses the impact of temporal and spatial changes on the derivation of rulings. It is categorized under the foundations (mabani) of Islamic law. Consideration of these elements is regarded as effective in delineating the fixed and variable rulings of Sharia. Acceptance of this theory is believed to resolve numerous jurisprudential dilemmas, facilitate better societal administration, and broaden the scope of jurisprudential inquiry.

Imam Khomeini's formal presentation of this theory in 1988, during his tenure as a Marja' and the leader of the Islamic Republic of Iran, was the primary catalyst for drawing the attention of jurists and researchers to this subject. Since then, numerous books, articles, and interviews have been published to explore the nature of this influence.

Empowering Jurisprudence

Proponents argue that reliance on this principle highlights the authenticity and potential perfection of Shi'a jurisprudence, demonstrating its capacity to address all problems and its superiority over conventional civil laws. Jurisprudence is thus seen as capable of addressing newly arising issues (al-masa'il al-mustahdatha) with precision, yielding results that are often more robust, fair, and equitable than secular laws. In essence, this underscores the dynamism of Shi'a fiqh and may resolve many contemporary doubts.

Meaning of Time and Space

In this context, "time and space" do not refer to their philosophical definitions but rather to the historical context of society and the social, political, and economic transformations occurring within a specific period and location. A mujtahid is expected to comprehend these changes thoroughly and utilize this understanding in the derivation of rulings. Sayyid Kazim al-Ha'iri clarifies that the focus lies on changes in public custom ('urf), the subject matter of rulings, and the underlying interests (masalih) and criteria (malakat) of the laws. According to Sayyid Mahmoud Hashemi Shahroudi, the phrase serves as a metaphor for the new economic and social relations that emerge as conditions evolve across different times and places.

Examples of Influence

Nasir Makarim Shirazi, a prominent Shi'a jurist, justified his fatwa regarding the slaughter of Hajj sacrifices in a designated modern facility outside the traditional Mina area based on this principle. He also cites the transition of Chess from a tool of Gambling to an intellectual game, the permissibility of Autopsy, and the medical use of blood as further examples. Sayyid Muhammad Musawi Bojnurdi includes the payment of blood money (diya) by paternal relatives ('aqila), women's testimony in court, and the impact of inflation on usury as additional instances. Other examples mentioned by scholars such as Mohammad Ibrahim Jannati include organ transplantation, the permissibility of certain types of singing, Population control, and the management of Anfal (public wealth).

History

Imam Khomeini explicitly emphasized the role of time and space in several speeches and messages. While maintaining adherence to traditional "Jawahiri Jurisprudence," he identified time and space as two decisive elements in ijtihad. In his 1989 message known as the Manshur-i Ruhaniyyat, he stated that a jurisprudential subject might appear unchanged, but a precise understanding of social and political relations reveals it to be a fundamentally "new" subject requiring a new ruling.

Makarim Shirazi posits that while this theory has roots in Shi'a history, Imam Khomeini systematized it into a rule applicable across all areas of fiqh. Hashemi Shahroudi traces the theory's lineage to the works of Muhammad Husayn al-Na'ini, Kashif al-Ghita, and especially Sayyid Muhammad Baqir al-Sadr.

Additionally, researcher Mohammad Javad Arasta highlights a passage from al-Shahid al-Awwal (d. 786/1384) indicating that the influence of customs and habits on ijtihad has an ancient pedigree.

Scope of Influence

The role of time and space has been examined from various perspectives. Alireza A'rafi has outlined 12 areas of influence for these elements.

Influence on Acts of Worship, Transactions, and Implementation

Muhammad Hadi Ma'rifat asserted that temporal and spatial changes do not affect acts of worship ('ibadat) and are relevant only to transactions (mu'amalat). Conversely, Makarim Shirazi accepts their influence even in acts of worship. Abolqasem Gorji argues that the most significant impact is observed in social rulings addressed to governments, such as those concerning war, peace, health, and education.

Changing the Subject Matter of Rulings

Jannati Shahroudi clarifies that time and space precipitate a transformation in ijtihad only when they alter the subject matter (mawdu') or its internal and external characteristics. Arasta argues that it is not the divine ruling itself that changes, but rather that a new subject emerges which resembles the old one but necessitates a different ruling.

Impact on the Jurist's Understanding

While time and space are not classified among the Sources of Ijtihad, they can compel jurists to re-evaluate their previous interpretations of religious sources. Hashemi Shahroudi points out that these elements aid in understanding the scope of evidence (itlaq and dhayq), identifying new secondary implications in verses and hadiths, and distinguishing whether a ruling issued by the Infallibles was a permanent legislative act or a temporary governmental decree.

Bibliography

• Majmu'a-yi Maqalat-i Kongri-yi Naqsh-i Zaman wa Makan dar Ijtihad (15 volumes).
• Naqd wa Nazar Quarterly, No. 5, Winter 1995 (Special issue on Time and Space).
• Risala fi Ta'thir al-Zaman wa al-Makan 'ala Istinbat al-Ahkam by Ja'far Subhani, Qom, 1418 AH.