JA'FARI JURISPRUDENCE

:''This is a sub-article to Islamic jurisprudence and Twelvers.
'Ja'fari school of thought', 'Ja'fari jurisprudence' or 'Ja'fari Fiqh' is the name of the jurisprudence of the Shi'a Twelvers Muslims, derived from the name of Ja'far al-Sadiq, the 6th Shia Imam.

Contents

Branches

Usuli

Akhbari

Sub-articles

Non-controversial fields

Controversial fields

See also

Notes

References

External links

Branches

Usuli

Main articles: Usuli

This school of thought utilize 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 Imam and , thus, serve as a guide to the community.This meant that legal interpretations were kept flexible to take accout of changing conditions and the dynimics of the times.^[1] 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 (), one should consider the concept of time, era, and age () as well as the concept of place, location and venue (). He stated that these two concepts have key role in the underestanding and extraction of commandments. ^[2]

Akhbari

Main articles: Akhbari

This school of thought take a restrictive approach to ijtihad. Akhbaris are located in Basra, its environs and Bahrain.^[1]

Sub-articles

Non-controversial fields

★ Ja'fari Islamic banking

Controversial fields

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

★ Nikah Mut'ah

★ Taqiya

★ Guardianship of the jurists (doctrine)

See also

★ Hanafi

★ Maliki

★ Shafi'i

★ Hanbali

Notes

1. [Oxford concise dictionary of Politics,2003:487]
2. () http://www.tebyan.net/Html1/Sahife/html/21/289.htm
3. [Oxford concise dictionary of Politics,2003:487]

References

★ Oxford concise dictionary of Politics,2003

External links

★ 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

★ Shia Akhbari website

★ Towards an Understanding of the Shiite Authoritative Sources