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Development of Shia jurisprudence
(fiqh)
By
Mirza Gazanfar Ali Baig
• The development of Shia jurisprudence (fiqh) has been a gradual process
shaped by theological beliefs, historical events, and the contributions of key
scholars over time. It is centered on the interpretation of Islamic law through
the guidance of the Ahl al-Bayt (the family of Prophet Muhammad) and
successive Shia Imams. Below is a step-by-step overview of the evolution of
Shia fiqh, particularly focusing on Twelver Shia Islam (the largest Shia sect):
• 1. Foundational Period: The Prophet and Imam Ali (7th Century CE)
• The Life of Prophet Muhammad (570–632 CE): Shia Islam considers Prophet
Muhammad the primary source of guidance for Islamic law. After his death,
the Shia believe that legal and religious authority was passed to his cousin
and son-in-law, Imam Ali.
• Imam Ali (r. 656–661 CE): As the first Shia Imam, Ali ibn Abi Talib played a
foundational role in shaping Shia legal thought. His teachings and decisions,
based on his close relationship with the Prophet, laid the groundwork for
Shia jurisprudence. His sermons and letters, preserved in works like Nahj al-
Balagha, continue to be influential.
2. The Era of the Twelve Imams (7th–9th Century CE)
• Imam Hasan and Imam Husayn: After Imam Ali’s death, his sons, Imam Hasan and
Imam Husayn, succeeded him as the second and third Imams. The period following
Imam Husayn’s martyrdom at Karbala (680 CE) became a defining moment for Shia
identity and jurisprudence.
• Development through the Imams: The legal interpretations of the next nine Shia
Imams (from the 4th Imam, Imam Zayn al-Abidin, to the 12th Imam, Imam al-Mahdi)
helped to systematize Shia legal principles. The Imams are seen as divinely guided
and are viewed by Shia Muslims as the infallible sources of Islamic knowledge.
• Imam al-Baqir and Imam al-Sadiq: Particularly significant were Imam Muhammad al-
Baqir (the 5th Imam) and Imam Ja'far al-Sadiq (the 6th Imam). They were
instrumental in developing the foundational principles of Ja'fari jurisprudence (the
Shia school of law). Imam al-Sadiq’s teachings became the basis for what would
become known as Ja'fari fiqh, and many of his students, including famous Sunni
scholars, studied under him.
Some of the famous Sunni scholars who were either directly or
indirectly associated with Imam Ja'far al-Sadiq include:
• 1. Imam Abu Hanifa (699–767 CE)
• Founder of the Hanafi School of Sunni Jurisprudence: Imam Abu Hanifa is often
cited as having studied under Imam Ja'far al-Sadiq for two years. He is reported to
have said, "If it were not for the two years, I would have perished," referring to his
time spent learning from Imam Ja'far. Although Abu Hanifa had his own approach
to Islamic law, his respect for Ja'far al-Sadiq was profound.
• 2. Imam Malik ibn Anas (711–795 CE)
• Founder of the Maliki School of Sunni Jurisprudence: Imam Malik, one of the
most influential Sunni scholars, also studied under Imam Ja'far al-Sadiq. He
praised Ja'far al-Sadiq's knowledge, character, and piety. Imam Malik said of him,
“I never saw anyone more knowledgeable in Islamic sciences than Ja'far al-Sadiq.”
• 3. Sufyan al-Thawri (716–778 CE)
• A Leading Scholar of Hadith and Fiqh: Sufyan al-Thawri was a prominent Sunni jurist
and a hadith scholar. He is believed to have been one of the students of Imam Ja'far al-
Sadiq and admired his knowledge, particularly in the field of hadith.
• 4. Sufyan ibn ‘Uyaynah (725–814 CE)
• Hadith Scholar: A significant Sunni scholar of hadith, Sufyan ibn 'Uyaynah is also
reported to have benefited from Imam Ja'far al-Sadiq’s knowledge. He is known to
have transmitted some narrations from Ja'far al-Sadiq.
• 5. Abdullah ibn Mubarak (736–797 CE)
• Scholar and Ascetic: Ibn Mubarak, a respected Sunni scholar and ascetic, was known
for his knowledge of hadith and jurisprudence. He is said to have admired Imam Ja'far
al-Sadiq for his profound understanding of Islamic theology and ethics.
• 6. Waki ibn al-Jarrah (745–812 CE)
• Hadith Scholar and Faqih: Waki, another prominent scholar of hadith, is also believed
to have interacted with Imam Ja'far al-Sadiq. Like others, he held the Imam in high
regard for his knowledge.
3. Post-Imamate and the Occultation of the 12th Imam (9th–10th Century CE)
• The Lesser Occultation (873–941 CE): After the death of the 11th Imam, Imam
Hasan al-Askari, Shia Muslims believe that his son, Imam Muhammad al-
Mahdi, went into occultation (ghayba). This period, known as the Lesser
Occultation, saw communication between the 12th Imam and the Shia
community through his Four Deputies.
• The Greater Occultation (941 CE–Present): With the onset of the Greater
Occultation, the Shia community no longer had direct access to their Imam.
This led to the formal development of a system where Shia jurists (mujtahids)
would interpret the law based on the Qur'an, hadith, and the teachings of the
Imams. This marked the rise of the concept of ijtihad (independent reasoning)
in Shia jurisprudence.
4. The Rise of the Shia Schools of Thought (10th–13th Century CE)
• Systematization of Shia Law: During the early centuries after the Greater Occultation,
several prominent Shia scholars, known as mujtahids, began to codify Shia legal
principles. These scholars based their rulings on four key sources of Islamic law: the
Qur'an, the Sunna (traditions of the Prophet and the Imams), ijma (consensus), and
aql (reason).
• Al-Shaykh al-Mufid (948–1022 CE): One of the early important jurists, al-Shaykh al-
Mufid, contributed significantly to the development of Shia theology and law. His
works helped formalize the methodologies of Shia fiqh.
• Al-Sharif al-Murtada (965–1044 CE): A student of al-Mufid, al-Murtada advanced
Shia legal theories and emphasized the importance of reason in deriving legal rulings.
• Al-Shaykh al-Tusi (995–1067 CE): A major figure in Shia jurisprudence, al-Tusi wrote
"Al-Nihaya" and "Al-Mabsut", which were key legal texts that systematized Ja'fari
jurisprudence. He established Najaf as a center of Shia scholarship, which remains a
major hub of Shia learning.
5. The Era of Ijtihad and Taqlid (13th–18th Century CE)
• Ijtihad (Independent Legal Reasoning): During this period, the concept of
ijtihad became central to Shia jurisprudence. Shia scholars emphasized that
qualified jurists, known as mujtahids, have the authority to derive legal rulings
in the absence of the Imam. This led to the rise of the Usuli school, which
supported the use of ijtihad.
• Taqlid (Emulation): Shia Muslims were encouraged to follow the rulings of a
qualified mujtahid in legal matters. This practice, known as taqlid, meant that
ordinary believers would emulate the rulings of the most knowledgeable
scholar in their time, known as a Marja’ al-Taqlid.
Major Usuli Scholars
• Al-Allamah al-Hilli (1250–1325 CE): A leading scholar of this era, al-Hilli was
a pivotal figure in promoting the Usuli school of thought, which emphasized
ijtihad over the more conservative Akhbari approach, which limited reliance
on reasoning and preferred only textual sources.
• Al-Muhaqqiq al-Karaki (1465–1534 CE): His influence extended into Safavid
Iran, where Shia Islam became the state religion. He played a major role in
shaping Shia jurisprudence under Safavid rule.
6. Safavid Era and the Institutionalization of Shia Law (16th–18th Century
CE)
• Safavid Dynasty (1501–1736 CE): The Safavid Empire in Iran declared
Twelver Shia Islam the official state religion. This created an environment
where Shia scholars could flourish, and Shia jurisprudence became
institutionalized.
• Najaf and Qom as Centers of Learning: Under Safavid patronage, Shia
seminaries (hawzas) in Najaf (Iraq) and Qom (Iran) became important
centers of Shia legal scholarship, producing generations of jurists who would
influence Shia law across the world.
7. The Usuli-Akhbari Debate (18th Century
CE)
• Usuli School: The Usuli scholars argued for the necessity of ijtihad and
believed that jurists had the authority to interpret the law in the absence of
the Imam. This view came to dominate Shia jurisprudence.
• Akhbari School: The Akhbari school, however, rejected the use of ijtihad and
believed that legal rulings should be based solely on the Qur'an and the
narrations from the Prophet and the Imams.
• Victory of the Usulis: By the late 18th century, the Usuli position triumphed,
and the practice of taqlid (emulating a marja’) became the norm in Shia Islam.
• Sheikh Yusuf al-Bahrani was a prominent Akhbari scholar, while Agha
Muhammad Baqir al-Behbahani led the Usuli victory.
8. Modern Era (19th Century–Present)
• Constitutional Revolution and the Role of Marja’iyya: In the 19th and 20th
centuries, the role of Shia jurists expanded beyond the religious sphere, with
marja’ al-taqlid figures like Ayatollah Mirza Shirazi playing a central role in social
and political movements (e.g., the Tobacco Protest in Iran in 1891).
• Ayatollah Khomeini and Velayat-e Faqih: In the 20th century, Ayatollah Ruhollah
Khomeini introduced the concept of Velayat-e Faqih (Guardianship of the Jurist),
which argued that in the absence of the Imam, a qualified jurist should lead the
Islamic state. This concept was institutionalized in Iran after the Islamic Revolution
of 1979, marking a significant shift in Shia political and legal thought.
• Contemporary Jurisprudence: Today, Shia jurisprudence continues to evolve, with
scholars addressing modern issues such as human rights, economics, and bioethics.
Prominent Shia centers of learning include Najaf (Iraq) and Qom (Iran), with
leading marja’s like Ayatollah Sistani and Ayatollah Khamenei playing influential
roles.
Conclusion
• The development of Shia jurisprudence has been a complex and dynamic
process, evolving through the guidance of the Imams, the ijtihad of jurists,
and historical circumstances like the Occultation and the rise of the Usuli
school. Today, Shia fiqh continues to play a vital role in shaping the legal and
spiritual lives of millions of Shia Muslims worldwide.

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Development of Shia jurisprudence (fiqh).pptx

  • 1. Development of Shia jurisprudence (fiqh) By Mirza Gazanfar Ali Baig
  • 2. • The development of Shia jurisprudence (fiqh) has been a gradual process shaped by theological beliefs, historical events, and the contributions of key scholars over time. It is centered on the interpretation of Islamic law through the guidance of the Ahl al-Bayt (the family of Prophet Muhammad) and successive Shia Imams. Below is a step-by-step overview of the evolution of Shia fiqh, particularly focusing on Twelver Shia Islam (the largest Shia sect): • 1. Foundational Period: The Prophet and Imam Ali (7th Century CE) • The Life of Prophet Muhammad (570–632 CE): Shia Islam considers Prophet Muhammad the primary source of guidance for Islamic law. After his death, the Shia believe that legal and religious authority was passed to his cousin and son-in-law, Imam Ali. • Imam Ali (r. 656–661 CE): As the first Shia Imam, Ali ibn Abi Talib played a foundational role in shaping Shia legal thought. His teachings and decisions, based on his close relationship with the Prophet, laid the groundwork for Shia jurisprudence. His sermons and letters, preserved in works like Nahj al- Balagha, continue to be influential.
  • 3. 2. The Era of the Twelve Imams (7th–9th Century CE) • Imam Hasan and Imam Husayn: After Imam Ali’s death, his sons, Imam Hasan and Imam Husayn, succeeded him as the second and third Imams. The period following Imam Husayn’s martyrdom at Karbala (680 CE) became a defining moment for Shia identity and jurisprudence. • Development through the Imams: The legal interpretations of the next nine Shia Imams (from the 4th Imam, Imam Zayn al-Abidin, to the 12th Imam, Imam al-Mahdi) helped to systematize Shia legal principles. The Imams are seen as divinely guided and are viewed by Shia Muslims as the infallible sources of Islamic knowledge. • Imam al-Baqir and Imam al-Sadiq: Particularly significant were Imam Muhammad al- Baqir (the 5th Imam) and Imam Ja'far al-Sadiq (the 6th Imam). They were instrumental in developing the foundational principles of Ja'fari jurisprudence (the Shia school of law). Imam al-Sadiq’s teachings became the basis for what would become known as Ja'fari fiqh, and many of his students, including famous Sunni scholars, studied under him.
  • 4. Some of the famous Sunni scholars who were either directly or indirectly associated with Imam Ja'far al-Sadiq include: • 1. Imam Abu Hanifa (699–767 CE) • Founder of the Hanafi School of Sunni Jurisprudence: Imam Abu Hanifa is often cited as having studied under Imam Ja'far al-Sadiq for two years. He is reported to have said, "If it were not for the two years, I would have perished," referring to his time spent learning from Imam Ja'far. Although Abu Hanifa had his own approach to Islamic law, his respect for Ja'far al-Sadiq was profound. • 2. Imam Malik ibn Anas (711–795 CE) • Founder of the Maliki School of Sunni Jurisprudence: Imam Malik, one of the most influential Sunni scholars, also studied under Imam Ja'far al-Sadiq. He praised Ja'far al-Sadiq's knowledge, character, and piety. Imam Malik said of him, “I never saw anyone more knowledgeable in Islamic sciences than Ja'far al-Sadiq.”
  • 5. • 3. Sufyan al-Thawri (716–778 CE) • A Leading Scholar of Hadith and Fiqh: Sufyan al-Thawri was a prominent Sunni jurist and a hadith scholar. He is believed to have been one of the students of Imam Ja'far al- Sadiq and admired his knowledge, particularly in the field of hadith. • 4. Sufyan ibn ‘Uyaynah (725–814 CE) • Hadith Scholar: A significant Sunni scholar of hadith, Sufyan ibn 'Uyaynah is also reported to have benefited from Imam Ja'far al-Sadiq’s knowledge. He is known to have transmitted some narrations from Ja'far al-Sadiq. • 5. Abdullah ibn Mubarak (736–797 CE) • Scholar and Ascetic: Ibn Mubarak, a respected Sunni scholar and ascetic, was known for his knowledge of hadith and jurisprudence. He is said to have admired Imam Ja'far al-Sadiq for his profound understanding of Islamic theology and ethics. • 6. Waki ibn al-Jarrah (745–812 CE) • Hadith Scholar and Faqih: Waki, another prominent scholar of hadith, is also believed to have interacted with Imam Ja'far al-Sadiq. Like others, he held the Imam in high regard for his knowledge.
  • 6. 3. Post-Imamate and the Occultation of the 12th Imam (9th–10th Century CE) • The Lesser Occultation (873–941 CE): After the death of the 11th Imam, Imam Hasan al-Askari, Shia Muslims believe that his son, Imam Muhammad al- Mahdi, went into occultation (ghayba). This period, known as the Lesser Occultation, saw communication between the 12th Imam and the Shia community through his Four Deputies. • The Greater Occultation (941 CE–Present): With the onset of the Greater Occultation, the Shia community no longer had direct access to their Imam. This led to the formal development of a system where Shia jurists (mujtahids) would interpret the law based on the Qur'an, hadith, and the teachings of the Imams. This marked the rise of the concept of ijtihad (independent reasoning) in Shia jurisprudence.
  • 7. 4. The Rise of the Shia Schools of Thought (10th–13th Century CE) • Systematization of Shia Law: During the early centuries after the Greater Occultation, several prominent Shia scholars, known as mujtahids, began to codify Shia legal principles. These scholars based their rulings on four key sources of Islamic law: the Qur'an, the Sunna (traditions of the Prophet and the Imams), ijma (consensus), and aql (reason). • Al-Shaykh al-Mufid (948–1022 CE): One of the early important jurists, al-Shaykh al- Mufid, contributed significantly to the development of Shia theology and law. His works helped formalize the methodologies of Shia fiqh. • Al-Sharif al-Murtada (965–1044 CE): A student of al-Mufid, al-Murtada advanced Shia legal theories and emphasized the importance of reason in deriving legal rulings. • Al-Shaykh al-Tusi (995–1067 CE): A major figure in Shia jurisprudence, al-Tusi wrote "Al-Nihaya" and "Al-Mabsut", which were key legal texts that systematized Ja'fari jurisprudence. He established Najaf as a center of Shia scholarship, which remains a major hub of Shia learning.
  • 8. 5. The Era of Ijtihad and Taqlid (13th–18th Century CE) • Ijtihad (Independent Legal Reasoning): During this period, the concept of ijtihad became central to Shia jurisprudence. Shia scholars emphasized that qualified jurists, known as mujtahids, have the authority to derive legal rulings in the absence of the Imam. This led to the rise of the Usuli school, which supported the use of ijtihad. • Taqlid (Emulation): Shia Muslims were encouraged to follow the rulings of a qualified mujtahid in legal matters. This practice, known as taqlid, meant that ordinary believers would emulate the rulings of the most knowledgeable scholar in their time, known as a Marja’ al-Taqlid.
  • 9. Major Usuli Scholars • Al-Allamah al-Hilli (1250–1325 CE): A leading scholar of this era, al-Hilli was a pivotal figure in promoting the Usuli school of thought, which emphasized ijtihad over the more conservative Akhbari approach, which limited reliance on reasoning and preferred only textual sources. • Al-Muhaqqiq al-Karaki (1465–1534 CE): His influence extended into Safavid Iran, where Shia Islam became the state religion. He played a major role in shaping Shia jurisprudence under Safavid rule.
  • 10. 6. Safavid Era and the Institutionalization of Shia Law (16th–18th Century CE) • Safavid Dynasty (1501–1736 CE): The Safavid Empire in Iran declared Twelver Shia Islam the official state religion. This created an environment where Shia scholars could flourish, and Shia jurisprudence became institutionalized. • Najaf and Qom as Centers of Learning: Under Safavid patronage, Shia seminaries (hawzas) in Najaf (Iraq) and Qom (Iran) became important centers of Shia legal scholarship, producing generations of jurists who would influence Shia law across the world.
  • 11. 7. The Usuli-Akhbari Debate (18th Century CE) • Usuli School: The Usuli scholars argued for the necessity of ijtihad and believed that jurists had the authority to interpret the law in the absence of the Imam. This view came to dominate Shia jurisprudence. • Akhbari School: The Akhbari school, however, rejected the use of ijtihad and believed that legal rulings should be based solely on the Qur'an and the narrations from the Prophet and the Imams. • Victory of the Usulis: By the late 18th century, the Usuli position triumphed, and the practice of taqlid (emulating a marja’) became the norm in Shia Islam. • Sheikh Yusuf al-Bahrani was a prominent Akhbari scholar, while Agha Muhammad Baqir al-Behbahani led the Usuli victory.
  • 12. 8. Modern Era (19th Century–Present) • Constitutional Revolution and the Role of Marja’iyya: In the 19th and 20th centuries, the role of Shia jurists expanded beyond the religious sphere, with marja’ al-taqlid figures like Ayatollah Mirza Shirazi playing a central role in social and political movements (e.g., the Tobacco Protest in Iran in 1891). • Ayatollah Khomeini and Velayat-e Faqih: In the 20th century, Ayatollah Ruhollah Khomeini introduced the concept of Velayat-e Faqih (Guardianship of the Jurist), which argued that in the absence of the Imam, a qualified jurist should lead the Islamic state. This concept was institutionalized in Iran after the Islamic Revolution of 1979, marking a significant shift in Shia political and legal thought. • Contemporary Jurisprudence: Today, Shia jurisprudence continues to evolve, with scholars addressing modern issues such as human rights, economics, and bioethics. Prominent Shia centers of learning include Najaf (Iraq) and Qom (Iran), with leading marja’s like Ayatollah Sistani and Ayatollah Khamenei playing influential roles.
  • 13. Conclusion • The development of Shia jurisprudence has been a complex and dynamic process, evolving through the guidance of the Imams, the ijtihad of jurists, and historical circumstances like the Occultation and the rise of the Usuli school. Today, Shia fiqh continues to play a vital role in shaping the legal and spiritual lives of millions of Shia Muslims worldwide.