Jihad in Contemporary Shia Fiqh (book): Difference between revisions
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*'''Jihad in Contemporary Shia Fiqh''' (in Persian: [[:fa:جهاد_در_فقه_معاصر_شیعه_(کتاب)|جهاد در فقه معاصر شیعه]]) is a book written by [[Mohammad Soroush Mahallati]] in the field of [[Political Fiqh]]. In this work, the concept of jihad is explained in an argumentative-critical manner based on the views of [[Sayyid Abu al-Qasim al-Khoei]]. By critiquing Khoei's perspective on jihad, the author delineates the legitimacy and scope of jihad in Islam. Khoei divides jihad into three types (jihad against polytheists, the People of the Book, and rebels) and considers it obligatory in these cases. | *'''Jihad in Contemporary Shia Fiqh''' (in Persian: [[:fa:جهاد_در_فقه_معاصر_شیعه_(کتاب)|جهاد در فقه معاصر شیعه]]) is a book written by [[Mohammad Soroush Mahallati]] in the field of [[Political Fiqh]]. In this work, the concept of jihad is explained in an argumentative-critical manner based on the views of [[Sayyid Abu al-Qasim al-Khoei]]. By critiquing Khoei's perspective on jihad, the author delineates the legitimacy and scope of jihad in Islam. Khoei divides jihad into three types (jihad against polytheists, the People of the Book, and rebels) and considers it obligatory in these cases. | ||
In contrast, the author critiques this view, arguing that jihad against polytheists is obligatory only if they commit hostile acts, and fighting the | In contrast, the author critiques this view, arguing that jihad against polytheists is obligatory only if they commit hostile acts, and fighting the People of the Book is obligatory only if they fail to adhere to the dhimma pact. He also critiques Khoei's view on the [[Guardianship of the Jurist]] and his role in the decision-making process for jihad. | ||
In the discussion of [[rebellion|rebels]] (BaghybughatBaghy), Soroush Mahallati, by critiquing the views of jurists and their evidence, considers the rebels to be among the believers and believes that they only leave the religion if they become [[Nasibi|Nasibis]]. By examining the narrations about rising up against an [[unjust ruler]], the author concludes that these hadiths only prohibit violent actions. | In the discussion of [[rebellion|rebels]] (BaghybughatBaghy), Soroush Mahallati, by critiquing the views of jurists and their evidence, considers the rebels to be among the believers and believes that they only leave the religion if they become [[Nasibi|Nasibis]]. By examining the narrations about rising up against an [[unjust ruler]], the author concludes that these hadiths only prohibit violent actions. | ||
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The discussions in this book are organized into two main parts. The work lacks a list of sources and a detailed table of contents; a general table of contents is provided at the beginning of the book. The first part examines the types of jihad and the conditions for its obligation during the era of the Imam's presence, and the second part discusses the legitimacy or illegitimacy of [[offensive jihad]] in the era of occultation. The first part covers jihad against polytheists, jihad against the People of the Book, jihad against rebels, and the conditions for the obligation of jihad. The second part consists of five discussions: the legitimacy of offensive jihad in the era of occultation, the illegitimacy of offensive jihad in the era of occultation, the philosophy of the Imam's permission for jihad, guardianship over jihad, and rising with the sword against an unjust ruler. | The discussions in this book are organized into two main parts. The work lacks a list of sources and a detailed table of contents; a general table of contents is provided at the beginning of the book. The first part examines the types of jihad and the conditions for its obligation during the era of the Imam's presence, and the second part discusses the legitimacy or illegitimacy of [[offensive jihad]] in the era of occultation. The first part covers jihad against polytheists, jihad against the People of the Book, jihad against rebels, and the conditions for the obligation of jihad. The second part consists of five discussions: the legitimacy of offensive jihad in the era of occultation, the illegitimacy of offensive jihad in the era of occultation, the philosophy of the Imam's permission for jihad, guardianship over jihad, and rising with the sword against an unjust ruler. | ||
The author of the book, | The author of the book, Mohammad Soroush Mahallati (b. 1340 SH), is a teacher of jurisprudence and its principles in the seminary and a researcher in the science of jurisprudence, especially political fiqh. The books [[The State and the Implementation of Sharia (Book)|BaghyThe State and the Implementation of ShariaBaghy]] and [[Instruments of Diversion and Music (Book)|BaghyInstruments of Diversion and MusicBaghy]] are among the author's other works. The book BaghyJihad in Contemporary Shia FiqhBaghy was published by Miras-e Ahl-e Qalam publications in 1396 SH in 184 pages. | ||
== Jihad against Polytheists == | == Jihad against Polytheists == | ||
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=== The Incorrectness of Reducing Offensive Jihad to Defensive Jihad === | === The Incorrectness of Reducing Offensive Jihad to Defensive Jihad === | ||
[[Sayyid Muhammad Husayn Tabataba'i]], in arguing for the absolute obligation of jihad against polytheists, has reduced | [[Sayyid Muhammad Husayn Tabataba'i]], in arguing for the absolute obligation of jihad against polytheists, has reduced offensive jihad to [[defensive jihad]]. According to him, since monotheism is rooted in human nature (BaghyfitraBaghy), and polytheists are deprived of this right due to the oppression of tyrants or due to imposed ignorance, it is necessary for Muslims to eliminate all polytheism, because defending innate rights is obligatory, both for those deprived of those rights and for others (pp. 27-29). | ||
The author, who considers jihad a form of interaction between Muslims and other nations, does not find this argument presentable to the world. He also sees this interpretation as conflicting with the Quranic view that humans are free to accept religion (pp. 31-35). According to Soroush, [[Quran 2:256|the verse "There is no compulsion in religion"]] indicates human freedom in accepting religion, and other interpretations of this verse (like Mr. Khoei's interpretation based on a distinction between freedom and choice) are not acceptable (pp. 38-44). | The author, who considers jihad a form of interaction between Muslims and other nations, does not find this argument presentable to the world. He also sees this interpretation as conflicting with the Quranic view that humans are free to accept religion (pp. 31-35). According to Soroush, [[Quran 2:256|the verse "There is no compulsion in religion"]] indicates human freedom in accepting religion, and other interpretations of this verse (like Mr. Khoei's interpretation based on a distinction between freedom and choice) are not acceptable (pp. 38-44). | ||
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Khoei stated three conditions for the obligation of jihad: 1. Being legally accountable (including having reason and reaching puberty), 2. Having the ability, 3. Being male. Abu al-Qasim al-Khoei, based on the BaghysirahBaghy and the narration of Asbagh ibn Nubatah, does not consider jihad obligatory for women. In the author's view, the narration of Asbagh ibn Nubatah is problematic in its chain and indication and cannot be relied upon. He raises the question of whether jihad is not obligatory for women or is forbidden for them, providing inconclusive evidence for both possibilities. In the author's opinion, even if jihad is forbidden for women, in emergency situations, jihad and defensive training may become obligatory for them (pp. 81-90). | Khoei stated three conditions for the obligation of jihad: 1. Being legally accountable (including having reason and reaching puberty), 2. Having the ability, 3. Being male. Abu al-Qasim al-Khoei, based on the BaghysirahBaghy and the narration of Asbagh ibn Nubatah, does not consider jihad obligatory for women. In the author's view, the narration of Asbagh ibn Nubatah is problematic in its chain and indication and cannot be relied upon. He raises the question of whether jihad is not obligatory for women or is forbidden for them, providing inconclusive evidence for both possibilities. In the author's opinion, even if jihad is forbidden for women, in emergency situations, jihad and defensive training may become obligatory for them (pp. 81-90). | ||
In Soroush Mahallati's view, the conditions for jihad differ from the conditions for other obligations. Although the conditions for obligations like prayer and fasting are purely devotional, in jihad, these conditions are subject to the [[exigencies of time and place]] and it is possible for the Islamic ruler to set a different age requirement for jihad. Similarly, the condition of ability (physical and financial power) must be considered in proportion to the time and circumstances; having the ability for hand-to-hand combat in the past is different from having the ability for war in the present time. The ruler can also, within his sphere of authority ([[ | In Soroush Mahallati's view, the conditions for jihad differ from the conditions for other obligations. Although the conditions for obligations like prayer and fasting are purely devotional, in jihad, these conditions are subject to the [[exigencies of time and place]] and it is possible for the Islamic ruler to set a different age requirement for jihad. Similarly, the condition of ability (physical and financial power) must be considered in proportion to the time and circumstances; having the ability for hand-to-hand combat in the past is different from having the ability for war in the present time. The ruler can also, within his sphere of authority ([[The unlegislated zone|mintaqat al-faragh]] or broader), set other conditions for participation in jihad (pp. 91-94). | ||
==Examining the Proofs for the Legitimacy of Offensive Jihad in the Era of Occultation== | ==Examining the Proofs for the Legitimacy of Offensive Jihad in the Era of Occultation== | ||
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# The jurist must make the final decision in consultation with experts (such as the Supreme National Security Council). This foundation faces the same previous problem, as the guardian jurist does not become an expert after consulting. | # The jurist must make the final decision in consultation with experts (such as the Supreme National Security Council). This foundation faces the same previous problem, as the guardian jurist does not become an expert after consulting. | ||
# The jurist must delegate these matters to experts, as [[Sayyid Ruhollah | # The jurist must delegate these matters to experts, as [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]] did. In the author's opinion, this theory moves governance away from centralism and individualism, provided that the political arena is genuinely open to political parties and groups (pp. 144-146). | ||
==Rising up against an Unjust Ruler== | ==Rising up against an Unjust Ruler== | ||
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The author compares the narrations on enjoining good and forbidding evil with the narrations prohibiting rising up against an unjust ruler, and believes that these narrations are not contradictory and that the narrations prohibiting uprising state an instance where [[enjoining good and forbidding evil]] is not permissible. According to Soroush Mahallati, the jurisprudential and practical approach of jurists of not getting involved with the wielders of power, especially in situations that may have dangerous and corrupting consequences, is not only influenced by the narrations prohibiting rising up against an unjust ruler, but they have also been influenced by the narrations on enjoining good and forbidding evil (pp. 177-183). | The author compares the narrations on enjoining good and forbidding evil with the narrations prohibiting rising up against an unjust ruler, and believes that these narrations are not contradictory and that the narrations prohibiting uprising state an instance where [[enjoining good and forbidding evil]] is not permissible. According to Soroush Mahallati, the jurisprudential and practical approach of jurists of not getting involved with the wielders of power, especially in situations that may have dangerous and corrupting consequences, is not only influenced by the narrations prohibiting rising up against an unjust ruler, but they have also been influenced by the narrations on enjoining good and forbidding evil (pp. 177-183). | ||
[[ | [[category: books by Mohammad Surush Mahallati]] | ||
[[Category:Books on Political Fiqh in Persian]] | [[Category:Books on Political Fiqh in Persian]] | ||
[[ | [[Category:Bibliography Articles]] | ||
[[fa:جهاد در فقه معاصر شیعه (کتاب)]] | [[fa:جهاد در فقه معاصر شیعه (کتاب)]] | ||