The role of time and place in ijtihad

The role of time and space in ijtihad is a theory in the field of fundamentals of Islamic jurisprudence that becomes the basis for changing some fatwas. The involvement of time and place in ijtihad has been considered to increase the ability of jurisprudence to respond to the needs and solve the challenges facing jurisprudence in the contemporary era. According to the research of some researchers, although this theory is linked with the name of Imam Khomeini, the Shiite reference authority in the fourteenth and fifteenth lunar centuries, it has an older history and can be traced in the works of Shahid I, Kashif al-Ghata and Mohammad Baqir Sadr. The meaning of time and place are actually the characteristics that occur in different situations and cause changes in jurisprudential issues. Although the Shia jurists consider time and space as having no influence on the principle of ijtihad, its methods and sources, however, some of them extend the scope of this influence to the interpretations of religious texts as well. Non-mujtahid judgment, sale of body parts, chess game ruling, set of social and political rulings, and sacrifice in Hajj are examples of ruling change due to changing time and place conditions.
In 1374, a congress was held to explain this theory and the articles of this congress were published in 15 volumes.

Importance

The theory of the role of time and place in ijtihad refers to the influence of temporal and spatial changes in the derivation of rulings. [1] This theory is placed in the field of the foundations of Islamic jurisprudence. Paying attention to the influence of time and place in ijtihad can be effective in regulating the fixed and variable rulings of Sharia. [2] And its acceptance can solve many jurisprudential problems and open the way for better management of society and even increase the number of jurisprudential issues. 3]

The presentation of this theory by Ayatollah Ruhollah Khomeini in 1367, who was the authority of imitation and also the leader of the Islamic Republic of Iran, has been the most important factor in the attention of jurists and researchers to this issue.[4] To explain how this effect is, numerous books, articles and interviews of It has been published by jurists and researchers.[5] In 1374, a scientific conference on the same topic was held[6] and the collection of articles from that conference was published in 15 volumes under the title of Collection of Articles of the Congress on the Jurisprudence of Imam Khomeini, which was published in It has collected 120 articles and 31 conversations. [7]

Influence on the empowerment of jurisprudence

It has been said that by relying on this principle, the originality of Shia jurisprudence, its potential perfection, its ability to answer all problems and questions, its ability to manage society in the best way, and its superiority over many topical laws are clarified. Because jurisprudence can give answers to all new and invented issues with precision and accuracy and from these answers reach much more solid, just and fair results than the existing laws. In fact, all of these clarify the greatness of Islam and Shia jurisprudence, and perhaps in this way, solve many of the doubts raised today.[8]

Meaning of time and place

The meaning of time and place is not the philosophical concept of these two concepts. Rather, it means the historical situation of the society and the social, political, and other conditions and developments that take place in time and place. The mujtahid must understand them well and use them in deriving rulings. [9] Seyyed Kazem Haeri also states that the same changes that have occurred over time and place in the customs of the people, in jurisprudential issues and in the expediency and criteria of the rulings in This discussion is considered. [10] According to Hashemi Shahroudi, the comprehensive interpretation of “the role of time and place” is an allusion to the new economic, social, etc. relations, which are formed in different times and places with changing situations. [11]

Examples of influence in jurisprudence

Makarem Shirazi, a Shia jurist, has explained his fatwa about killing a Hajj victim in another place based on this. [12] He also mentioned changing the position of chess from a gambling tool to an intellectual game, autopsy, and the rational use of blood as examples of the influence of time and place. He knows in jurisprudence. [13] Mousavi Bojunordi also considers the payment of money by Aqila, the testimony of women in court, and the effect of inflation on usury as examples of this discussion. [14] Hossein Mehrpour, a Shiite jurist, considers the courts of appeal as a clear example of the influence of time and place. knows. [15] Mohammad Hassan Marashi has added non-mujtahid judgment [16] and Janati Shahroudi in an article gives examples of eighteen jurisprudential titles for the role of time and place in ijtihad and changing rulings. [17] Buying and selling of body parts, transplantation of body parts. , Halit Ghanan, taking property more than jizya from dhimma people, population control, revitalization of mowat and how to use anfal are examples of it [18].

History

Ayatollah Khomeini, the authority of imitation and the leader of the Islamic Republic of Iran, has clarified the role of time and place in ijtihad in several cases of his speeches and messages. [19] He considered time and place to be the two determining elements in ijtihad, despite the clarification on Jawaheri jurisprudence. In a message he published in 1367 addressed to the clergy, he stated that a jurisprudential issue may not have changed outwardly compared to the past, but with the accurate knowledge of economic, social and political relations, the same issue has become a new issue.[20]

Makarem Shirazi, one of the sources of Shia imitation, believes that this theory had a history in Shia jurisprudence, but Imam Khomeini made it a rule and spread it in all jurisprudence. [21] He gives two examples of Makasab written by Sheikh Ansari to support his argument. to show that time and place were effective in the fatwas of jurists. [22] Seyyed Mahmoud Hashemi roots this theory in the works of Naini, Abdul Hossein Kashif al-Ghata and most of all Seyyed Mohammad Baqer Sadr and says that he wrote articles about the role of time and place in ijtihad. [23]

However, Mohammad Javad Aristo, a researcher of political jurisprudence, by quoting a phrase from Shahid I (786 AH), a jurist of the 8th lunar century, shows that the issue of the role of time and place and the influence of customs and habits in ijtihad has an older background. [24] Aristotle presents a jurisprudential analysis and the result He takes that what changes as a result of temporal and spatial changes is not a religious ruling, but a new issue has been found that looks like an old issue but requires a new ruling. [25] He clarifies that this is what Imam Khomeini meant by the role of time and space. [26]

The sphere of influence of time and space

The role of time and place in ijtihad has been considered from several angles; Alireza Arafi, mujtahid and jurisprudence researcher, has described 12 areas for the effects of time and place in ijtihad.[27]

Influence in worship, transactions and execution of rulings

Mohammad Hadi Marafet, one of the Shia mujtahids, states that changes in time and place do not affect worship and are only effective in rulings on transactions. [28] But Makarem Shirazi also accepts the involvement of these two elements in worship. It is believed that the greatest influence of time and place is in the rulings that he calls social rulings and the main audience of those governments are; Like war, peace, health, culture, education and the like. [30] And Hashemi Shahroudi believes that the most important point that should be taken into account in the discussion of the relationship between time and place and ijtihad is that one is the authority to implement the rulings and the other is the Islamic government. Because in the government and its administration, many jurisprudence rulings may change their priority or even a ruling in one government may be different from another.[31]

Making changes in the subjects of rulings

Janati Shahroudi clarifies that time and place cause transformation in ijtihad only when they change the subject or the external or internal characteristics of the subject. According to Janati, this development includes all written and unwritten religious issues. [32] Hashemi Shahroudi, in a category, believes that the effect of changing the subject or the criterion of rulings is only a part of the effect of these two elements in ijtihad, not all of it. [33]

With the aim of clarifying the effects of time and place, Hashemi Shahroudi has presented a list that includes changing and changing the subjects of Sharia rulings, identifying and determining the necessities, distinguishing the most important from the rulings and criteria, and accurately determining the dimensions and scope of rational ways. 34]

Influence on jurisprudence of mujtahids

Janati Shahroudi has stated that time and space are not among the sources of ijtihad[35] and they do not play a role in changing the sources of ijtihad,[36] just as they do not have an effect on changing the standards and criteria of ijtihad.[37] However, he accepts that time And the location may sometimes cause the mujtahids to reread their previous understandings of religious sources. He has pointed out the understanding of the expansion and application of reason or its narrowing and withdrawal, the understanding of new implicit or binding implications in some verses and traditions, and the recognition of the provincial or legislative nature of some rulings issued by the innocent.[34] And he considers the place to be effective in changing the worldview of the jurist and points to some of its effects.[39]

Mohammad Yazdi, a Shia mujtahid, also emphasizes the change of the subject due to time and place, but he considers the most important effect of these two factors to be the inference and understanding of evidence and traditions. He knows time and place in ijtihad[41] Mohammad Mahdi Asefi, another jurist and one of Mohammad Baqer Sadr’s students, believes that although time and place play a role in the evolution of ijtihad methods, what is considered in this discussion is the indirect effect of these two components in ijtihad.[42] ] He also clarified the influence of time and place in the understanding of the jurist and listed khums of war spoils, zakat of merchandise, banking and several other cases as examples of this change.[43]

bibliography

About the role of time and space in ijtihad, apart from the 15-volume collection of articles of the Congress on the role of time and space, other books, articles and interviews have also been published. The fifteenth volume of the collection of articles of the Congress is also devoted to the bibliography of the same topic.[44]

• The quarterly review of criticism and opinion number 5, winter 1374, is special about the role of time and place in ijtihad.[45]
• Message on the effect of time and place on the interpretation of the judgments, Jafar Sobhani, Qom, Imam al-Sadiq (a.s.) Institute, 1418 AH.
• Evolution and dynamics of Shia rulings: the influence of time and place in Shia jurisprudence, Mahdi Shoushtari [46]

Footnote

1. Arafi, Ijtihad and Taqlid, Vol. 1, 2018, p. 340.
2. Hashemi Shahroudi, “Interview with Hozur Quarterly”, p. 239.
3. Hashemi Shahroudi, “Interview with Hozur Quarterly”, p. 236.
4. Arafi, Ijtihad and Taqlid, Vol. 1, 2018, p. 340.
5. Note: Nouri, bibliography of jurisprudence of time and place.
6. “A Report of the Congress of Jurisprudence of Imam Khomeini”, p. 174.
7. Proceedings of the congress on the role of time and place in ijtihad. Encyclopaedia of contemporary jurisprudence. ↑ Hashemi Shahradudi, “Interview with Hozur Quarterly”, p. 234.
8. Ansari, “The role of time and space in Ijtihad”, p. 276.
9. A group of scholars, “The role of time and space in the process of ijtihad”, p. 21.
10. Hashemi Shahroudi, “Interview with Hozur Quarterly”, p. 234.
11. A group of scholars, “The role of time and space in the process of ijtihad”, p. 15.
12. A group of scholars, “The role of time and space in the process of ijtihad”, pp. 11-13.
13. A group of scholars, “The role of time and space in the process of ijtihad”, pp. 42-46.
14. A group of scholars, “The role of time and space in the process of ijtihad”, p.50.
15. A group of scholars, “The role of time and space in the process of ijtihad”, p.60.
16. Jannati, “The role of time and space in ijtihad”, pp. 19-25
17. Jannati, “The role of time and space in ijtihad”, pp. 19-25
18. Khomeini (Imam), Sahifa Imam, 1378, vol. 5, p. 293 and vol. 21, pp. 217 and 289.
19. Khomeini (Imam), Sahifa Imam, 1378, vol.21, p.289.
20. A group of scholars, “The role of time and space in the process of ijtihad”, p. 13.
21. A group of scholars, “The role of time and space in the process of ijtihad”, pp. 10-11.
22. Hashemi Shahroudi, “Interview with Hozur Quarterly”, p. 239.
23. Aristotle, “Another reflection on the influence of time and place in ijtihad”, p. 276.
24. Aristotle, “Another reflection on the influence of time and place in ijtihad”, p. 278.
25. Aristotle, “Another reflection on the influence of time and place in ijtihad”, p. 279.
26. Arafi, Ijtihad and Taqlid, Vol. 1, 1989, pp. 345-363.
27. A group of scholars, “The role of time and space in the process of ijtihad”, pp. 23-24.
28. A group of scholars, “The role of time and space in the process of ijtihad”, p. 13.
29. A group of scholars, “The role of time and space in the process of ijtihad”, pp. 32-33.
30. Hashemi Shahroudi, “Text of Congress Secretary’s Speeches”, pp. 173-174.
31. Jannati, “The role of time and space in ijtihad”, p. 18
32. “Jurisprudence and Time”, pp. 25-26.
33. Jump up to: 34.0 34.1 “Jurisprudence and Time”, pp. 25-26.
34. Jannati, “The role of time and space in ijtihad”, p.5
35. Jannati, “The role of time and space in ijtihad”, p.6
36. Jannati, “The role of time and space in ijtihad”, p.6
37. Jannati, “The role of time and space in ijtihad”, p. 18
38. “Jurisprudence and Time”, pp. 25-26.
39. “Jurisprudence and Time”, p. 29.
40. “Jurisprudence and Time”, p.30.
41. “Jurisprudence and Time”, p. 32.
42. “Jurisprudence and Time”, p.37.
43. Iranian book and literature house
44. Review and opinion quarterly website
45. Iranian book and literature house

References

• Arafi, Alireza, Ijtihad and Taqlid Volume 1, Preliminaries of Ijtihad, edited by: Mohammad Azadi, Qom, Ishraq and Irfan Institute, 2018
• Ansari, Alireza, “The Role of Time and Space in Ijtihad”, Collection of Works of the Congress on Jurisprudence of Imam Khomeini (PBUH), “The Role of Time and Space in Ijtihad”, Volume 1. 1374
• A group of scholars, “The role of time and space in the process of ijtihad in seeking the opinions of scholars”, Naqd and Nazar Quarterly, No. 5, Winter 2014.
• Janati Shahroudi, Mohammad Ebrahim, “The Role of Time and Space in Ijtihad”, Kihan Andisheh, No. 50, Mehr and Aban 1372.
• Khomeini (Imam), Seyyed Ruhollah, Sahifa Imam, Tehran, Institute for editing and publishing the works of Imam Khomeini, 1378.
• “Jurisprudence and Time”, a conversation with Seyyed Mahmoud Hashemi Shahroudi, Mohammad Yazdi and Mohammad Mahdi Asefi, Ahl al-Bayt Jurisprudence Quarterly, No. 3, Fall 1374.
• “A Report of the Congress of Jurisprudence of Imam Khomeini”, Ahl al-Bayt Jurisprudence Quarterly, Number 4, Winter 1374.
• Proceedings of the congress on the role of time and place in ijtihad. Encyclopedia of contemporary jurisprudence.
• Hashemi Shahroudi, Seyyed Mahmoud, “The text of the speech of the Secretary of the Congress, Ayatollah Seyyed Mahmoud Hashemi”, Ahl al-Bayt Fiqh Quarterly, Number 4, Winter 1374.
• Hashemi Shahroudi, Seyyed Mahmoud, “Interview with Hozur Quarterly”, Hozur Quarterly, No. 14, Winter 1374.