Jihad in Contemporary Shia Fiqh (book): Difference between revisions

*'''Jihad in Contemporary Shia Fiqh''' 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 [[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]] (*bughat*), 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.

*Jihad in Contemporary Shia Fiqh* is a book in the field of [[Political Fiqh]] that examines the issue of jihad from a jurisprudential perspective. In this text, the fatwa-argumentative writing of [[Sayyid Abu al-Qasim al-Khoei]] on the subject of jihad (published within the book *Minhaj al-Salihin*) is the central focus, and the author provides an argumentative-critical explanation of it. In addition to a detailed examination of Sayyid Abu al-Qasim al-Khoei's views, the author also considers the opinions of other contemporary jurists such as [[Husayn Vahid Khorasani]], [[Jawad Tabrizi]], Dia' al-Din al-'Iraqi, [[Sayyid Muhammad Husayn Fadlallah]], [[Hussein-Ali Montazeri]], and [[Murtada Mutahhari]].

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)|*The State and the Implementation of Sharia*]] and [[Instruments of Diversion and Music (Book)|*Instruments of Diversion and Music*]] are among the author's other works. The book *Jihad in Contemporary Shia Fiqh* was published by Miras-e Ahl-e Qalam publications in 1396 SH in 184 pages.

The author responds to the objection that the verses of Surah al-Mumtahanah relate to a time of Islam's weakness and have been abrogated by Quran 9:5 ("kill the polytheists wherever you find them" - the verse is not quoted correctly in the book). According to him, firstly, the verse of Surah al-Tawbah is general and the verses of Surah al-Mumtahanah are specific, and a general rule is specified by a specific one. Secondly, the verses of Surah al-Mumtahanah cannot be abrogated because they call for justice and good conduct and are among the clear verses (*muhkamat*) of the Quran (pp. 25-27).

[[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 (*fitra*), 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 the [[Jizya|collection of jizya from the People of the Book]] to be relevant only to those residing in the Abode of Islam (*Dar al-Islam*), deems fighting the People of the Book who are in the Abode of Disbelief (*Dar al-Kufr*) to be baseless (as long as they have not attacked Muslims). He also believes that the Abode of Disbelief cannot be turned into the Abode of Islam by force and pressure (pp. 55-63).

Abu al-Qasim al-Khoei divided [[rebellion|rebels]] (*bughat*) into two categories: 1. Those who rebel against an infallible Imam; 2. Those who rebel against a group of Muslims. In Khoei's view, according to the [[Quran 9:9|verse of rebellion]], those who rebel against Muslims should be invited to reconciliation, and if they do not accept peace, they should be fought. However, since individuals who rebel against the Imam have left Islam and their blood is unprotected, they are not included in the verse, and they must be fought without being invited to reconciliation (pp. 65-68).

In Soroush Mahallati's opinion, in Quranic terminology, rebels are a group of believers and are within the fold of Muslims. He believes that as long as the rebels have not become Nasibis, they are not subject to the proofs of disbelief and impurity and are not jurisprudentially considered disbelievers. Indeed, Imam Ali (a) also called those who rebelled against him, and even the Syrians, his brothers. Therefore, those who rebel against the infallible Imam are also included in the verse of rebellion and must be invited to reconcile before being fought. According to the author, since the verse of rebellion includes rebels, it will, *a fortiori*, also include rebels against a just, non-infallible ruler (pp. 73-77).

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 *sirah* 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 ([[unregulated domain|mintaqat al-faragh]] or broader), set other conditions for participation in jihad (pp. 91-94).

For the majority view (the illegitimacy of offensive jihad), arguments have been made based on consensus, narrations, and the legitimacy of collecting jizya in the era of occultation. Khoei considers the consensus to be unproven, and if proven, he considers it to be a derived consensus (*madraki*) (p. 112). However, in his view, given the legitimacy of taking jizya from the People of the Book in the era of occultation, one can argue for the permissibility of offensive jihad in this era (p. 125).

Contrary to the usual view of jurists, who consider guardianship over jihad in the era of occultation to be one of the functions of the guardian of the affair (*wali al-amr*), Abu al-Qasim al-Khoei, in a section of the book *Minhaj*, has entrusted the management of jihad to experts, and in another section, he has entrusted it to the jurist under the rubric of [[matters of hisbah]] (*umur hisbiyyah*). In explaining the second statement, Khoei believes that the jurist must consult with experts and, if necessary, issue an order for war and personally take command of the war to prevent chaos (pp. 141-142).

# The jurist must delegate these matters to experts, as [[Sayyid Ruhollah Mousavi 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).

The first narration is the *Sahihah* of 'Is ibn Qasim, which the author considers incomplete in its indication because in this narration, only the character and motive of Zayd ibn Ali are confirmed, but given the circumstances of the time and place of the uprising, the uprising itself was not approved. The second narration is the *Marfu'ah* of Rib'i, which has a problem in its chain of transmission. The author raises various possibilities about the content of Rib'i's hadith, and ultimately confirms its indication of the impermissibility of rising up and responds to its problems. The third narration (from the introduction to the Sahifa Sajjadiyya) does not have a reliable chain. Some jurists, based on the qualifier "from us" (*minna*) in this narration, believe that this narration refers to the uprising of the Imams and the Sayyids close to them and does not include the uprising of Shias. But Soroush does not see this view as consistent with the goal mentioned in the narration (the emergence of the Sufyani) and believes that this narration includes all Shia uprisings (pp. 162-176).

[[Category:Bibliographical Articles]]

[[Category:Books by Mohammad Soroush Mahallati]]

[[category:book review]]