Fiqh: Difference between revisions

'''Fīqh''' (Arabic: {{iarabic|الفقه}}) is an [[Islam]]ic science through which practical laws and religious duties of a person in this world are studied. Jurisprudential laws are extracted from [[four sources]] by means of [[reason]]ing and research; which are the [[Qur'an]], [[Tradition]], [[Consensus]], and [[Reason]]. Fiqh has passed through many phases and periods in both [[Sunni]] and [[Shi'a]] schools of thought. The common period for both is the period of [[Tashri']] (legislation) which took place during the lifetime of the [[Prophet (s)]].

| 2 || Period of interpretation and explanation || From the death of the Prophet (s) to the [[Minor Occultation]] ([[11]]-[[260 AH]]) || Abundance of [[traditions]]; rejection of [[Analogy]] ([[Qiyas]]) and [[Preference]] ([[Istehsan]]) in legal thought; [['Ilajiyya narrations]]; [[Dissimulation]] ([[Taqiyya]]) || [[Abu Khalid al-Kabuli]], [[Zurara b. A'yan al-Shaybani]], [[Ma'ruf b. Kharra Budh]], [[‌Burayd b. Mu'awiya al-'Ijli]], [[Abu Basir al-Asadi]], [[Muhammad b. Muslim b. Rubah]] || --

| 4 || Period of the beginning of [[Ijtihad]] || Concurrent with the [[Major Occultation]] up to the era of [[al-Shaykh al-Tusi]] ([[329]]-[[436 AH]]) || Presentation of jurisprudential matters in a technical manner; writing of [[Usul al-Fiqh]]; explaining rulings of [[newly-risen problems]] || [[Ibn abi 'Aqil]]; [[Ibn Junayd]]; [[al-Shaykh al-Mufid]]; [[al-Sayyid al-Murtada]] || ''[[Al-Muqni'a]]'', ''[[al-Intisar]]'', ''[[al-Nasiriyyat]]''

| 6 || Period of stagnation of ijtihad || From the death of [[al-Shaykh al-Tusi]] up to the era of [[Ibn Idris al-Hilli]] ([[460]]-[[598 AH]])|| Restraint from expressing new views against those of al-Shaykh al-Tusi || [[Fadl b. Hasan al-Tabarasi]]; [[Qutb al-Din al-Rawandi]]; [[Ibn. Zuhra]]; [[Ibn Hamza]]; [[Ibn Barraj]] || ''[[Al-Wasilat al-ghaniyya]]''; ''[[al-Muntaha fi sharh al-nihaya]]''

| 7 || Period of criticism and renewed growth of [[Ijtihad]] || From the era of [[Ibn Idris]] to the era of the [[Akhbaris]] (from the end of 6th to 11th century) || Return of [[Ijtihad]] to Shi'a jurisprudence; spread of jurisprudence; development of [[Fiqh al-Hukuma]]; transformation of [[Rijal]], and refinement of traditions || [[Ibn Idris al-Hilli]]; [[al-Muhaqqiq al-Hilli]]; [[al-'Allamah al-Hilli]]; [[Fakhr al-Mmuhaqqiqin]]; [[al-Shahid al-Awwal]]; [[al-Muhaqqiq Karaki]]; [[al-Shahid al-Thani]]; [[Fadil Miqdad]]; [[Ibn Fahd al-Hilli]]; [[al-Muqaddas al-Ardabili]] || ''[[Mukhtalaf al-Shi'a]]''; ''[[Miftah al-Karama]]''; ''[[Jami' al-maqasid]]''; ''[[Irshad al-adhhan]]''; ''[[Majma' al-fawa'id]]''; ''[[Madarik al-ahkam]]''; ''[[Sharayi' al-Islam]]''; ''[[al-Lum'at al-Damishqiyya]]''

| 9 || Period of branching out of jurisprudence and the birth of [[Akhbaris]] || From [[Muhaddith Astarabadi]] to the era of [[Wahid Bihbahani]] (From the middle of 11th to the beginning of 13th century) || Weakening of [[Usul al-fiqh]] because of the opposition of the [[Akhbaris]]; writing of Fiqhi books based on the [[tradition]] || [[Muhammad Amin Astarabadi]]; [[Mulla Salih Mazandarani]]; [[Mulla Muhsin Fayd Kashani]]; [[al-Shaykh Yusuf al-Bahrani]]; [[Al-Fadil al-Jawad]]; [[al-Muhaqqiq al-Khwansari]] || ''[[Al-Hada'iq al-nadira]]''; ''[[al-Fawa'id al-madaniyya]]''; ''[[Kifayat al-ahkam]]''

| 10 || Period of the defeat of [[Akhbaris]] || From [[Wahid Bihbahani]] to the era of [[al-Shaykh al-Ansari]] ([[1208]]-[[1281 AH]]) || Defeat of [[Akhbaris]] against the [[Usulis]]; discarding unreliable methods (like [[Qiyas]]) by Shi'a || [[Wahid Bihbahani]]; [[Sayyid Muhammad Mahdi Bahr al-'Ulum]]; [[Shaykh Ja'far Kashif al-Ghita]]; [[Mirza Abu l-Qasim Qummi]]; [[Sayyid 'Ali Tabataba'i]]; [[Muhammad Hasan al-Najafi]] || ''[[Miftah al-karama]]''; ''[[Riyad al-masa'il]]''; ''[[Kashf al-ghita]]''; ''[[Mustanad al-Shi'a]]''; ''[[Jawahir al-kalam]]''; ''[[Anwar al-fuqaha]]''

| 11 || Period of renewed [[Istinbat]] || From the end of 13th up to the middle of the 14th century || Major development in [[Usul al-Fiqh]];  Research on [[newly risen problems]] || [[Al-Shaykh Murtada al-Ansari]]; [[Muhammad Hasan Shirazi]]; [[Agha Rida Hamadani]]; [[Sayyid Kazim Yazdi]]; [[Muhammad Husayn Na'ini]]; [[Muhammad Kazim al-Khurasani]]; [[Muhammad Hasan Gharawi Isfahani]]; [[Agha Diya' 'Iraqi]] || ''[[Al-Makasib]]''; ''[[al-'Urwat al-wuthqa]]'', ''[[Kashf al-ghita]]''; ''[[Misbah al-faqih]]''

This period lasted from the death of the Prophet (s) to the end of the [[Minor Occultation]] ([[329 AH]]). Owing to the presence of the [[Imams]], the Shi'a, as opposed to the [[Ahl al-Sunna]], did not feel the need for [[Ijtihad]]. However, people who lived in places far away from the Imams did resort to Ijtihad in a simple manner. They acted upon reliable traditions or the apparent meaning of the Qur'an and traditions of the Prophet (s) and the Imams (a).

 

This period of Shi'a jurisprudence encompassed the entire lifespan of [[al-Shaykh al-Tusi]]. He was one of the most prominent and an influential jurist who was born in [[385 AH]] in [[Khurasan]] and after the death of [[al-Sayyid al-Murtada]] took up the authority of [[Shi'a religious leadership]] ([[Marja'iyya]]). He successfully made significant and important improvements in jurisprudence.

 

 

The climate that was prevalent in the second half of the 5th and throughout the 6th century was not tolerable and pleasant for jurists like [[Ibn Idris al-Hilli]]. Therefore, he along with other contemporaries wanted to break the prevalent taboo of opposing [[al-Shaykh al-Tusi]]'s view by expressing criticisms against his works. Ibn Idris, in his book ''[[Sara'ir]]'' presented all of al-Shaykh al-Tusi's views on the branches of jurisprudence and then proceeded to critique them. This course was gradually taken up by jurists like [[al-Muhaqqiq al-Hilli]], [[al-'Allama al-Hilli]] and [[Fakhr al-Muhaqqiqin]] and through this avenue, Shi'a jurisprudence once again pursued the road of progress and evolution. This period lasted from the era of Ibn Idris up to the rise of the [[Akhbaris]] in the [[11th century]].

 

In the 11th century, some of Shi'a scholars, criticized the method of the Mujtahids, and suggested that the sources of Shi'a jurisprudence were only the [[Book]] and the [[tradition]]. According to idea, one must not adhere to rules of [[Usul al-Fiqh]] in the process of Ijtihad. One of the most important leaders of this group was [[Muhammad Amin Astarabadi]], the author of ''[[Al-Fawa'id al-madaniyya]]''. He criticized all the mujtahids of all the eras and considered all of them to be followers of the [[Sunni school]] of thought and authored this book for the very purpose of rejecting the mujtahids.

In the 13th century and approximately a century after the spread of [[Akhbarism]], Shi'a Ijtihad started to grow rapidly once again due to the efforts of a jurist called [[Wahid Bihbahani]]. In the beginning, Wahid Bihbahani along with his students, responded to questions and doubts of the Akhbaris as well as they proved the need to extract the laws from fundamental rules. For this purpose, he wrote the book ''[[Al-Fawa'id al-ha'iriyya]]''. After the defeat of the school of Akhbarism, scholars of this period made significant efforts to develop and improve the method of deduction of religious law and wrote valuable books on the subject.

 

This period followed the method and technique of the previous period and began from the end of the 13th century and continued to mid-14th century. In this period, Shi'a jurisprudence achieved a number of milestones with every stage it crossed, and at every stage, scholars stepped into the field of jurisprudence. This period was initiated by [[al-Shaykh al-Ansari]] and ended with the students of [[Muhammad Kazim al-Khurasani]].

 

In the 11th and 12th lunar century, jurisprudence of the [[Seminary of Isfahan]] was propagated through the government. The jurists that blossomed in this seminary had a special tie with the government. Some of them had even reached the lofty position of [[Shaykh al-Islam]] and were in charge of important responsibilities like court [[judgement]] and the [[Friday Prayer|Friday service]]. Renowned jurists who emerged from this seminary and who had relations with the government were [[Muhammad Taqi al-Majlisi]] ([[1070 AH]]), [[Muhammad Baqir al-Majlisi]] ([[1111 AH]]), [[al-Shaykh al-Baha'i]] ([[1031 AH]]), [[Muhammad Baqir Mirdamad]] ([[1941 AH]]), [[Muhammad Isma'il Khwajuyi]] ([[1173 AH]]), [[Muhammad Baqir Sabziwari]] ([[1090 AH]]) and [[Agha Jamal Khwansari]] ([[1125 AH]]). An important feature of this seminary was the spread of [[Philosophy]] and the emergence and growth of important philosophers such as Mirdamad and [[Mulla Sadra]].

After the attack of [[Afghans]] to [[Isfahan]] and the rise of chaos and unrest in the region, the jurists of the seminary moved to [[Karbala]]. With the entrance of [[al-Shaykh Yusuf al-Bahrani]] (d. [[1186 AH]]) in Karbala, its seminary took on a special light. He held a moderate approach towards [[Akhbarism]]. At around the same time, [[Wahid Bihbahani]] took on animated classes and gatherings in the city and nurtured remarkable students.

[[Sayyid Mahdi Bahr al-'Ulum]] (d. [[1205 AH]]), [[Sayyid 'Ali Tabataba'i]] (d. [[1232 AH]]), [[Sayyid Muhammad Mujahid]] (d. [[1242 AH]]), [[Mulla Ahmad Naraqi]] (d. [[1245 AH]]), [[Mulla Mahdi Naraqi]] and [[Mirza Abu l-Qasim Qummi]] (d. [[1232 AH]]) were amongst the jurists of this seminary.

The city of [[Qom]] has been a centre of knowledge and learning from the 3rd century, but with the entrance of [[Shaykh 'Abd al-Karim Ha'iri]] in this city, the [[Seminary of Qom]] gained lustre and introduced renowned and worthy jurists to the Shi'a world. Amongst these lustrous personalities, [[Sayyid Husayn Burujirdi]] (d. [[1281 AH]]), [[Sayyid Ruh Allah Khomeini]] (d. [[1410 AH]]), [[Sayyid Muhammad Rida Gulpaygani]], [[Muhammad Taqi Khwansari]] and [[Sayyid Shahab al-Din Mar'ashi Najafi]] can be noted. At present, this [[seminary]] boasts of a special splendour as numerous lessons and classes of jurisprudence and its principles take place in this city.

==External Links==

* The material for writing this article has been mainly taken from in Farsi wikishia.