Mohammad-Ebrahim Jannati Shahroudi

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==Life, Education, and Ijtihad==

Mohammad-Ebrahim Jannati was born in 1311 SH in Semnan. After a period of study in Mashhad, he went to Qom and attended the advanced jurisprudence (*kharij*) class of [[Sayyid Hossein Tabatabaei Borujerdi]], the head of the Qom seminary, and the advanced principles of jurisprudence (usul al-fiqh) class of [[Sayyid Ruhollah Musavi Khomeini]]. Jannati then went to Najaf and for 25 years participated in the classes of Sayyid Abd al-Hadi al-Shirazi, Sayyid Muhsin al-Hakim, Sheikh Hussein al-Hilli, Sayyid Baqir al-Zanjani, Sayyid Mahmud al-Shahrudi, and Sayyid Abu al-Qasim al-Khoei.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref> In addition to his religious studies, he taught advanced seminary courses for eleven years and also, in his last years in Najaf, established an advanced principles of jurisprudence class at the Grand Madrasa of Akhund Khurasani.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref>

Mohammad-Ebrahim Jannati was born in 1311 SH in Semnan. After a period of study in Mashhad, he went to Qom and attended the advanced jurisprudence (kharij) class of [[Sayyid Hossein Tabatabaei Borujerdi]], the head of the Qom seminary, and the advanced principles of jurisprudence (usul al-fiqh) class of [[Sayyid Ruhollah Musavi Khomeini]]. Jannati then went to Najaf and for 25 years participated in the classes of [[Sayyid Abd al-Hadi al-Shirazi]], [[Sayyid Muhsin al-Hakim]], [[Sheikh Hussein al-Hilli]], [[Sayyid Baqir al-Zanjani]], [[Sayyid Mahmud al-Shahrudi]], and [[Sayyid Abu al-Qasim al-Khoei]].<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref> In addition to his religious studies, he taught advanced seminary courses for eleven years and also, in his last years in Najaf, established an advanced principles of jurisprudence class at the Grand Madrasa of Akhund Khurasani.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref>

Mohammad-Ebrahim Jannati received permission for ijtihad from Sayyid Mahmud al-Shahrudi (d. 1353 SH). After the victory of the Islamic Revolution in 1357 SH, Jannati returned to Iran, settled in Qom, and continues to teach and write books and academic articles.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref> He is currently a Shia jurist and Marja' al-Taqlid (source of emulation) and a member of the Academy of Sciences of the Islamic Republic of Iran.

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In his authored works, Jannati pays special attention to the topic of desirable ijtihad and emphasizes the role of temporal, spatial, and customary changes on the evolution of ijtihad.<ref>Arezumandi, "A Look at the Book Fiqh and Time...", pp. 213-214.</ref> The books "General Methods of Deduction in Fiqh from the Perspective of Islamic Jurists," "Al-Nafahat al-'Ilmiyyah fi Usul al-Fiqh al-Imamiyyah," and [[The Developmental Course of Ijtihadi Fiqh in the Context of Time (Book)|The Developmental Course of Ijtihadi Fiqh in the Context of Time]] are his works on the principles of jurisprudence. He has also dealt with the periods and developments of the science of jurisprudence and its principles in the two books "Periods of Ijtihad from the Viewpoint of Islamic Schools of Thought" and "Periods of Fiqh and Its Manner of Expression."<ref>["Mohammad-Ebrahim Jannati"](https://db.ketab.ir/BookList.aspx?Type=Authorid&Code=26792), Khaneye Ketab website.</ref>

Also, the book [[Fiqh and Time (Book)|Fiqh and Time]], which includes the articles "The Age of Puberty for Girls," "Music," "Hijab," "The Status of Women from the Perspective of Ijtihadi Principles," [[Desirable Ijtihad (Book)|Desirable Ijtihad]], [[Apostasy from the Viewpoint of Islamic Schools of Thought (Book)|Apostasy from the Viewpoint of Islamic Schools of Thought]], "Purity of the Slaughtered Animals of the People of the Book," and [[Intrinsic Purity of Humans (Book)|Intrinsic Purity of Humans]], is another of Mohammad-Ebrahim Jannati's works. He has conducted studies in the field of comparative jurisprudence and has comparatively examined jurisprudence, its principles, hadith sciences, and Quranic sciences from the perspective of 22 schools of thought,<ref>Imamiyyah, Hanafiyyah, Malikiyyah, Shafi'iyyah, Hanbaliyyah, Zaydiyyah, Ibadiyyah, Zahiriyyah, Awza'iyyah, Thawriyyah, Laythiyyah, Rahwiyyah, Nakha'iyyah, Tamimiyyah, Tabariyyah, Jabiriyyah, Kalbiyyah, Shubrumiyyah, Ibn Abi Layla, Zuhriyyah, 'Uyayniyyah, and Jurayhiyyah.</ref> and some of his works on this topic have been published, including the books *Sources of Ijtihad*, *Periods of Ijtihad*, and *Periods of Fiqh*.

Also, the book [[Fiqh and Time (Book)|Fiqh and Time]], which includes the articles "The Age of Puberty for Girls," "Music," "Hijab," "The Status of Women from the Perspective of Ijtihadi Principles," [[Desirable Ijtihad (Book)|Desirable Ijtihad]], [[Apostasy from the Viewpoint of Islamic Schools of Thought (Book)|Apostasy from the Viewpoint of Islamic Schools of Thought]], "Purity of the Slaughtered Animals of the People of the Book," and [[Intrinsic Purity of Humans (Book)|Intrinsic Purity of Humans]], is another of Mohammad-Ebrahim Jannati's works. He has conducted studies in the field of comparative jurisprudence and has comparatively examined jurisprudence, its principles, hadith sciences, and Quranic sciences from the perspective of 22 schools of thought,<ref>Imamiyyah, Hanafiyyah, Malikiyyah, Shafi'iyyah, Hanbaliyyah, Zaydiyyah, Ibadiyyah, Zahiriyyah, Awza'iyyah, Thawriyyah, Laythiyyah, Rahwiyyah, Nakha'iyyah, Tamimiyyah, Tabariyyah, Jabiriyyah, Kalbiyyah, Shubrumiyyah, Ibn Abi Layla, Zuhriyyah, 'Uyayniyyah, and Jurayhiyyah.</ref> and some of his works on this topic have been published, including the books Sources of Ijtihad, Periods of Ijtihad, and Periods of Fiqh.

===Journalistic Activities===

The journalistic writings of Mohammad-Ebrahim Jannati are mostly focused on the theory of dynamic ijtihad, the method of deduction, as well as proving the capability of Islam in solving crises and the relationship between Islamic nations and states. Jannati has had connections with many Iranian and non-Iranian publications, and hundreds of Persian and Arabic articles by him have been published. Some of the journals in which his works have been published include: *Al-'Adl*, *Sawt al-Islam*, *Al-Thaqafah al-Islamiyyah*, *Al-Fikr al-Islami*, *Al-Tawhid*, and *Risalat al-Taqrib*.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref> Among these, the article "Azmat al-Ihtiyat fi al-Fatawa al-Diniyyah" was published in the journal *Al-Thaqafah al-Islamiyyah*, which examines the precautionary method in issuing fatwas.

The journalistic writings of Mohammad-Ebrahim Jannati are mostly focused on the theory of dynamic ijtihad, the method of deduction, as well as proving the capability of Islam in solving crises and the relationship between Islamic nations and states. Jannati has had connections with many Iranian and non-Iranian publications, and hundreds of Persian and Arabic articles by him have been published. Some of the journals in which his works have been published include: Al-'Adl, Sawt al-Islam, Al-Thaqafah al-Islamiyyah, Al-Fikr al-Islami, Al-Tawhid, and Risalat al-Taqrib.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref> Among these, the article "Azmat al-Ihtiyat fi al-Fatawa al-Diniyyah" was published in the journal Al-Thaqafah al-Islamiyyah, which examines the precautionary method in issuing fatwas.

His articles have also been published in Iranian publications such as *Jahan-e Islam*, *Zanan*, and *Soroush*.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref> The article "The Era of the Perfection of Ijtihad" was published in the [[Keyhan-e Andisheh Magazine]] and explains the period of the perfection of ijtihad, from the era of Wahid Behbahani to Sheikh Ansari.<ref>See: Jannati, "The Era of the Perfection of Ijtihad," *Keyhan-e Andisheh*, no. 47, 1992.</ref>

His articles have also been published in Iranian publications such as Jahan-e Islam, Zanan, and Soroush.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref> The article "The Era of the Perfection of Ijtihad" was published in the [[Keyhan-e Andisheh Magazine]] and explains the period of the perfection of ijtihad, from the era of Wahid Behbahani to Sheikh Ansari.<ref>See: Jannati, "The Era of the Perfection of Ijtihad," *Keyhan-e Andisheh*, no. 47, 1992.</ref>

==Jurisprudential Opinions==

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===Permissibility of Women Holding the Position of a Judge===

The permissibility of women holding the position of a judge is another of Mohammad-Ebrahim Jannati's opinions, which has opponents such as al-Halabi and Ibn Idris among the early jurists, and Sheikh Ansari and Mirza Qomi among the later ones.<ref>Soroush Mahallati, "An Introduction to the Study of Women's Judicature," pp. 54, 64.</ref> Also, the author of *Jawahir* has claimed a consensus on the condition of masculinity for a judge.<ref>Najafi, *Jawahir al-Kalam*, vol. 40, pp. 12, 14.</ref>

The permissibility of women holding the position of a judge is another of Mohammad-Ebrahim Jannati's opinions, which has opponents such as al-Halabi and Ibn Idris among the early jurists, and [[Sheikh Ansari]] and [[Mirza Qomi]] among the later ones.<ref>Soroush Mahallati, "An Introduction to the Study of Women's Judicature," pp. 54, 64.</ref> Also, the author of Jawahir has claimed a consensus on the condition of masculinity for a judge.<ref>Najafi, *Jawahir al-Kalam*, vol. 40, pp. 12, 14.</ref>

Jannati has also permitted women to hold the position of a Marja' (source of emulation), which is a controversial opinion.<ref>Amin, ["Gender and Marja'iyyat"](http://ensani.ir/fa/article/112053/), *Hawra' Magazine*.</ref>

===Opposition to the Necessity of Emulating the Most Learned===

Jannati has opposed the necessity of emulating the most learned; whereas Muhaqqiq al-Karaki has claimed a consensus on emulating the most learned.<ref>Borujerdi, *Nihayat al-Afkar*, vol. 4, p. 248.</ref> He does not consider "most learned" (*a'lamiyyat*)—in the sense of being more capable of deriving God's ruling—to be conceivable either at the apparent and evidentiary level or at the level of reality and fact. Jannati also considers "most learned" in another sense, i.e., "making fewer mistakes in tracing back subsidiary issues and new problems to basic principles," to be conceivable, but finds it very difficult to determine which of two mujtahids makes fewer mistakes in the process of derivation.<ref>["Selected Fatwas"](http://jannaati.com/far/index.php?page=6), Ayatollah Jannati's Information Website.</ref>

Jannati has opposed the necessity of emulating the most learned; whereas [[Muhaqqiq al-Karaki]] has claimed a consensus on emulating the most learned.<ref>Borujerdi, *Nihayat al-Afkar*, vol. 4, p. 248.</ref> He does not consider "most learned" (a'lamiyyat)—in the sense of being more capable of deriving God's ruling—to be conceivable either at the apparent and evidentiary level or at the level of reality and fact. Jannati also considers "most learned" in another sense, i.e., "making fewer mistakes in tracing back subsidiary issues and new problems to basic principles," to be conceivable, but finds it very difficult to determine which of two mujtahids makes fewer mistakes in the process of derivation.<ref>["Selected Fatwas"](http://jannaati.com/far/index.php?page=6), Ayatollah Jannati's Information Website.</ref>

===Permissibility of Sculpture===

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Jannati considers menstruation to be the main criterion for the [[puberty of girls]] and has not accepted the role of age in its determination. He believes that the mention of different ages in the narrations is due to the difference in living environments, geographical conditions, and genetic and physical factors, and that menstruation in girls is equivalent to semen in boys, and the criterion for a girl's puberty is her monthly period, not reaching the age of nine.<ref>Jannati, "Puberty from the Perspective of Ijtihadi Fiqh," p. 42.</ref> Contrary to Jannati, the majority of Imami jurists have considered age, alongside menstruation and other signs, as a sign of puberty for girls, to the extent that Ibn Idris has claimed a consensus on age being a criterion.<ref>Shahid al-Thani, *Al-Rawdah al-Bahiyyah*, vol. 1, pp. 155-156; Tabataba'i Yazdi, *Al-'Urwat al-Wuthqa*, vol. 1, p. 528.</ref>

===The Definition of *Ghina* in Music Not Being Based on Custom===

===The Definition of Ghina in Music Not Being Based on Custom===

In Jannati's view, a specific meaning of *ghina* (singing, often associated with forbidden music) cannot be reached through custom (*'urf*), because *ghina* is discussed in a specific custom and always varies with changing conditions of time and place, geography, culture, society, and human states. This has caused jurists to differ on the concept of *ghina*; therefore, a comprehensive and exclusive definition of *ghina* cannot be obtained through custom.<ref>Jannati, ["Art and Beauty from the Perspective of Ijtihadi Fiqh Principles"](http://ensani.ir/fa/article/105806/), *Keyhan-e Andisheh*.</ref> On this issue, however, the majority of jurists consider custom to be the criterion for distinguishing forbidden music from permissible music.<ref>Makarem Shirazi, *Istifta'at*, vol. 2, q. 659; Safi Golpayegani, *Jami' al-Ahkam*, vol. 1, q. 994, 1018, 1020; Tabrizi, *Istifta'at*, q. 1077, 1050, 1059; Fazel Lankarani, *Jami' al-Masa'il*, vol. 1, q. 996; Khamenei, *Ajwibat al-Istifta'at*, q. 1154, 1127; Sistani, *Minhaj al-Salihin*, vol. 2, issue 20; Nouri Hamedani, *Istifta'at*, vol. 1, q. 1008; Vahid Khorasani, *Minhaj al-Salihin*, vol. 3, issue 17.</ref>

In Jannati's view, a specific meaning of ghina (singing, often associated with forbidden music) cannot be reached through custom ('urf), because ghina is discussed in a specific custom and always varies with changing conditions of time and place, geography, culture, society, and human states. This has caused jurists to differ on the concept of ghina; therefore, a comprehensive and exclusive definition of ghina cannot be obtained through custom.<ref>Jannati, ["Art and Beauty from the Perspective of Ijtihadi Fiqh Principles"](http://ensani.ir/fa/article/105806/), *Keyhan-e Andisheh*.</ref> On this issue, however, the majority of jurists consider custom to be the criterion for distinguishing forbidden music from permissible music.<ref>Makarem Shirazi, *Istifta'at*, vol. 2, q. 659; Safi Golpayegani, *Jami' al-Ahkam*, vol. 1, q. 994, 1018, 1020; Tabrizi, *Istifta'at*, q. 1077, 1050, 1059; Fazel Lankarani, *Jami' al-Masa'il*, vol. 1, q. 996; Khamenei, *Ajwibat al-Istifta'at*, q. 1154, 1127; Sistani, *Minhaj al-Salihin*, vol. 2, issue 20; Nouri Hamedani, *Istifta'at*, vol. 1, q. 1008; Vahid Khorasani, *Minhaj al-Salihin*, vol. 3, issue 17.</ref>

===Virgin's Marriage Not Being Conditional on the Guardian's Permission===

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===Extraction of Criteria===

Attention to subject identification (*mawdu'-shinasi*), discovering instances, and achieving the criteria (*malakat*) of rulings in the process of ijtihad are among Jannati's jurisprudential foundations. He considers achieving the criteria of rulings to be possible and, in the difference between the basis (*manat*) and the cause (*'illah*), believes that the cause of a ruling pertains to the level of reality and fact, but the basis of a ruling pertains to the level of proof and appearance from the evidence. Based on this, Jannati does not consider the cause of a ruling, which is the real benefit and harm, to be achievable, but he believes that the basis of a ruling is achievable because we have access to the level of appearance from the evidence.<ref>Jannati, "The Necessity of Evolution in Ijtihad in the Arena of Deduction," vol. 1, p. 409.</ref> For this reason, in order to expand the criteria of rulings, he has also issued a fatwa on the obligation of zakat on items other than the nine specified ones, citing the determination of zakat on horses by Imam Ali (a).<ref>Jannati, ["The Role of Time and Place in Ijtihad"](http://ensani.ir/fa/article/102607/), *Keyhan-e Andisheh*.</ref>

Attention to subject identification (mawdu'-shinasi), discovering instances, and achieving the criteria (malakat) of rulings in the process of ijtihad are among Jannati's jurisprudential foundations. He considers achieving the criteria of rulings to be possible and, in the difference between the basis (manat) and the cause ('illah), believes that the cause of a ruling pertains to the level of reality and fact, but the basis of a ruling pertains to the level of proof and appearance from the evidence. Based on this, Jannati does not consider the cause of a ruling, which is the real benefit and harm, to be achievable, but he believes that the basis of a ruling is achievable because we have access to the level of appearance from the evidence.<ref>Jannati, "The Necessity of Evolution in Ijtihad in the Arena of Deduction," vol. 1, p. 409.</ref> For this reason, in order to expand the criteria of rulings, he has also issued a fatwa on the obligation of zakat on items other than the nine specified ones, citing the determination of zakat on horses by Imam Ali (a).<ref>Jannati, ["The Role of Time and Place in Ijtihad"](http://ensani.ir/fa/article/102607/), *Keyhan-e Andisheh*.</ref>

===Attention to the Spirit of the Sharia===

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===Avoidance of Precautionary Fatwas===

Mohammad-Ebrahim Jannati rejects the method of issuing precautionary fatwas in jurisprudence and considers it impossible to solve society's problems with this method, believing that clarity must be used in issuing fatwas. Citing that Islamic jurisprudence has definitive evidence and also citing verses indicating ease and leniency, such as "Allah intends for you ease and does not intend for you hardship,"<ref>Quran 2:185.</ref> he considers the precautionary method to be incompatible with the spirit of the Sharia and believes it will have undesirable reactions in society<ref>Jannati, *Fiqh and Time*, pp. 104-106, 108.</ref> and will fail to respond to many issues, including in the fields of medicine, art, modern currencies, and prescribed punishments (*hudud*) and retribution (*qisas*).<ref>Jannati, *Fiqh and Time*, p. 93.</ref>

Mohammad-Ebrahim Jannati rejects the method of issuing precautionary fatwas in jurisprudence and considers it impossible to solve society's problems with this method, believing that clarity must be used in issuing fatwas. Citing that Islamic jurisprudence has definitive evidence and also citing verses indicating ease and leniency, such as "Allah intends for you ease and does not intend for you hardship,"<ref>Quran 2:185.</ref> he considers the precautionary method to be incompatible with the spirit of the Sharia and believes it will have undesirable reactions in society<ref>Jannati, *Fiqh and Time*, pp. 104-106, 108.</ref> and will fail to respond to many issues, including in the fields of medicine, art, modern currencies, and prescribed punishments (hudud) and retribution (qisas).<ref>Jannati, *Fiqh and Time*, p. 93.</ref>

===Disregard for the Fame of a Fatwa===

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==Critique==

The jurisprudential-principled foundations of Mohammad-Ebrahim Jannati, while being innovative and attentive to the principle of evolution in ijtihad, suffer from a lack of fundamental theorization. Accordingly, among the works and writings of Mohammad-Ebrahim Jannati, a fundamental theory with such characteristics cannot be found. On the other hand, Jannati speaks of the necessity of breaking the barrier of emulation in ijtihadi discussions and new issues and emphasizes the necessity of ijtihad in all subjects, including issues related to banking, currency, interest, and partnership (*mudarabah*).<ref>Jannati, ["Ijtihadi Fiqh and the Reform of Seminaries from the Viewpoint of Imam Khomeini"](http://ensani.ir/fa/article/100567/), *Keyhan-e Andisheh*.</ref> However, in the arena of economic and social theorization, no scholarly work from this jurist is seen.

The jurisprudential-principled foundations of Mohammad-Ebrahim Jannati, while being innovative and attentive to the principle of evolution in ijtihad, suffer from a lack of fundamental theorization. Accordingly, among the works and writings of Mohammad-Ebrahim Jannati, a fundamental theory with such characteristics cannot be found. On the other hand, Jannati speaks of the necessity of breaking the barrier of emulation in ijtihadi discussions and new issues and emphasizes the necessity of ijtihad in all subjects, including issues related to banking, currency, interest, and partnership (mudarabah).<ref>Jannati, ["Ijtihadi Fiqh and the Reform of Seminaries from the Viewpoint of Imam Khomeini"](http://ensani.ir/fa/article/100567/), *Keyhan-e Andisheh*.</ref> However, in the arena of economic and social theorization, no scholarly work from this jurist is seen.

As Jannati specifies, if a jurist accepts Islam as a system and feels responsible, he must prepare a manual in accordance with new phenomena in the legal, economic, judicial, penal, political, governmental, and international relations dimensions.<ref>Jannati, ["Ijtihadi Fiqh and the Reform of Seminaries from the Viewpoint of Imam Khomeini"](http://ensani.ir/fa/article/100567/), *Keyhan-e Andisheh*.</ref> But in practice, he has not done so himself and has not theorized in these areas.

@@ Line 33: / Line 33: @@
 ==Life, Education, and Ijtihad==
-Mohammad-Ebrahim Jannati was born in 1311 SH in Semnan. After a period of study in Mashhad, he went to Qom and attended the advanced jurisprudence (*kharij*) class of [[Sayyid Hossein Tabatabaei Borujerdi]], the head of the Qom seminary, and the advanced principles of jurisprudence (usul al-fiqh) class of [[Sayyid Ruhollah Musavi Khomeini]]. Jannati then went to Najaf and for 25 years participated in the classes of Sayyid Abd al-Hadi al-Shirazi, Sayyid Muhsin al-Hakim, Sheikh Hussein al-Hilli, Sayyid Baqir al-Zanjani, Sayyid Mahmud al-Shahrudi, and Sayyid Abu al-Qasim al-Khoei.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref> In addition to his religious studies, he taught advanced seminary courses for eleven years and also, in his last years in Najaf, established an advanced principles of jurisprudence class at the Grand Madrasa of Akhund Khurasani.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref>
+Mohammad-Ebrahim Jannati was born in 1311 SH in Semnan. After a period of study in Mashhad, he went to Qom and attended the advanced jurisprudence (kharij) class of [[Sayyid Hossein Tabatabaei Borujerdi]], the head of the Qom seminary, and the advanced principles of jurisprudence (usul al-fiqh) class of [[Sayyid Ruhollah Musavi Khomeini]]. Jannati then went to Najaf and for 25 years participated in the classes of [[Sayyid Abd al-Hadi al-Shirazi]], [[Sayyid Muhsin al-Hakim]], [[Sheikh Hussein al-Hilli]], [[Sayyid Baqir al-Zanjani]], [[Sayyid Mahmud al-Shahrudi]], and [[Sayyid Abu al-Qasim al-Khoei]].<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref> In addition to his religious studies, he taught advanced seminary courses for eleven years and also, in his last years in Najaf, established an advanced principles of jurisprudence class at the Grand Madrasa of Akhund Khurasani.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref>
 Mohammad-Ebrahim Jannati received permission for ijtihad from Sayyid Mahmud al-Shahrudi (d. 1353 SH). After the victory of the Islamic Revolution in 1357 SH, Jannati returned to Iran, settled in Qom, and continues to teach and write books and academic articles.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref> He is currently a Shia jurist and Marja' al-Taqlid (source of emulation) and a member of the Academy of Sciences of the Islamic Republic of Iran.
@@ Line 43: / Line 43: @@
 In his authored works, Jannati pays special attention to the topic of desirable ijtihad and emphasizes the role of temporal, spatial, and customary changes on the evolution of ijtihad.<ref>Arezumandi, "A Look at the Book Fiqh and Time...", pp. 213-214.</ref> The books "General Methods of Deduction in Fiqh from the Perspective of Islamic Jurists," "Al-Nafahat al-'Ilmiyyah fi Usul al-Fiqh al-Imamiyyah," and [[The Developmental Course of Ijtihadi Fiqh in the Context of Time (Book)|The Developmental Course of Ijtihadi Fiqh in the Context of Time]] are his works on the principles of jurisprudence. He has also dealt with the periods and developments of the science of jurisprudence and its principles in the two books "Periods of Ijtihad from the Viewpoint of Islamic Schools of Thought" and "Periods of Fiqh and Its Manner of Expression."<ref>["Mohammad-Ebrahim Jannati"](https://db.ketab.ir/BookList.aspx?Type=Authorid&Code=26792), Khaneye Ketab website.</ref>
-Also, the book [[Fiqh and Time (Book)|Fiqh and Time]], which includes the articles "The Age of Puberty for Girls," "Music," "Hijab," "The Status of Women from the Perspective of Ijtihadi Principles," [[Desirable Ijtihad (Book)|Desirable Ijtihad]], [[Apostasy from the Viewpoint of Islamic Schools of Thought (Book)|Apostasy from the Viewpoint of Islamic Schools of Thought]], "Purity of the Slaughtered Animals of the People of the Book," and [[Intrinsic Purity of Humans (Book)|Intrinsic Purity of Humans]], is another of Mohammad-Ebrahim Jannati's works. He has conducted studies in the field of comparative jurisprudence and has comparatively examined jurisprudence, its principles, hadith sciences, and Quranic sciences from the perspective of 22 schools of thought,<ref>Imamiyyah, Hanafiyyah, Malikiyyah, Shafi'iyyah, Hanbaliyyah, Zaydiyyah, Ibadiyyah, Zahiriyyah, Awza'iyyah, Thawriyyah, Laythiyyah, Rahwiyyah, Nakha'iyyah, Tamimiyyah, Tabariyyah, Jabiriyyah, Kalbiyyah, Shubrumiyyah, Ibn Abi Layla, Zuhriyyah, 'Uyayniyyah, and Jurayhiyyah.</ref> and some of his works on this topic have been published, including the books *Sources of Ijtihad*, *Periods of Ijtihad*, and *Periods of Fiqh*.
+Also, the book [[Fiqh and Time (Book)|Fiqh and Time]], which includes the articles "The Age of Puberty for Girls," "Music," "Hijab," "The Status of Women from the Perspective of Ijtihadi Principles," [[Desirable Ijtihad (Book)|Desirable Ijtihad]], [[Apostasy from the Viewpoint of Islamic Schools of Thought (Book)|Apostasy from the Viewpoint of Islamic Schools of Thought]], "Purity of the Slaughtered Animals of the People of the Book," and [[Intrinsic Purity of Humans (Book)|Intrinsic Purity of Humans]], is another of Mohammad-Ebrahim Jannati's works. He has conducted studies in the field of comparative jurisprudence and has comparatively examined jurisprudence, its principles, hadith sciences, and Quranic sciences from the perspective of 22 schools of thought,<ref>Imamiyyah, Hanafiyyah, Malikiyyah, Shafi'iyyah, Hanbaliyyah, Zaydiyyah, Ibadiyyah, Zahiriyyah, Awza'iyyah, Thawriyyah, Laythiyyah, Rahwiyyah, Nakha'iyyah, Tamimiyyah, Tabariyyah, Jabiriyyah, Kalbiyyah, Shubrumiyyah, Ibn Abi Layla, Zuhriyyah, 'Uyayniyyah, and Jurayhiyyah.</ref> and some of his works on this topic have been published, including the books Sources of Ijtihad, Periods of Ijtihad, and Periods of Fiqh.
 ===Journalistic Activities===
-The journalistic writings of Mohammad-Ebrahim Jannati are mostly focused on the theory of dynamic ijtihad, the method of deduction, as well as proving the capability of Islam in solving crises and the relationship between Islamic nations and states. Jannati has had connections with many Iranian and non-Iranian publications, and hundreds of Persian and Arabic articles by him have been published. Some of the journals in which his works have been published include: *Al-'Adl*, *Sawt al-Islam*, *Al-Thaqafah al-Islamiyyah*, *Al-Fikr al-Islami*, *Al-Tawhid*, and *Risalat al-Taqrib*.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref> Among these, the article "Azmat al-Ihtiyat fi al-Fatawa al-Diniyyah" was published in the journal *Al-Thaqafah al-Islamiyyah*, which examines the precautionary method in issuing fatwas.
+The journalistic writings of Mohammad-Ebrahim Jannati are mostly focused on the theory of dynamic ijtihad, the method of deduction, as well as proving the capability of Islam in solving crises and the relationship between Islamic nations and states. Jannati has had connections with many Iranian and non-Iranian publications, and hundreds of Persian and Arabic articles by him have been published. Some of the journals in which his works have been published include: Al-'Adl, Sawt al-Islam, Al-Thaqafah al-Islamiyyah, Al-Fikr al-Islami, Al-Tawhid, and Risalat al-Taqrib.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref> Among these, the article "Azmat al-Ihtiyat fi al-Fatawa al-Diniyyah" was published in the journal Al-Thaqafah al-Islamiyyah, which examines the precautionary method in issuing fatwas.
-His articles have also been published in Iranian publications such as *Jahan-e Islam*, *Zanan*, and *Soroush*.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref> The article "The Era of the Perfection of Ijtihad" was published in the [[Keyhan-e Andisheh Magazine]] and explains the period of the perfection of ijtihad, from the era of Wahid Behbahani to Sheikh Ansari.<ref>See: Jannati, "The Era of the Perfection of Ijtihad," *Keyhan-e Andisheh*, no. 47, 1992.</ref>
+His articles have also been published in Iranian publications such as Jahan-e Islam, Zanan, and Soroush.<ref>["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.</ref> The article "The Era of the Perfection of Ijtihad" was published in the [[Keyhan-e Andisheh Magazine]] and explains the period of the perfection of ijtihad, from the era of Wahid Behbahani to Sheikh Ansari.<ref>See: Jannati, "The Era of the Perfection of Ijtihad," *Keyhan-e Andisheh*, no. 47, 1992.</ref>
 ==Jurisprudential Opinions==
@@ Line 59: / Line 59: @@
 ===Permissibility of Women Holding the Position of a Judge===
-The permissibility of women holding the position of a judge is another of Mohammad-Ebrahim Jannati's opinions, which has opponents such as al-Halabi and Ibn Idris among the early jurists, and Sheikh Ansari and Mirza Qomi among the later ones.<ref>Soroush Mahallati, "An Introduction to the Study of Women's Judicature," pp. 54, 64.</ref> Also, the author of *Jawahir* has claimed a consensus on the condition of masculinity for a judge.<ref>Najafi, *Jawahir al-Kalam*, vol. 40, pp. 12, 14.</ref>
+The permissibility of women holding the position of a judge is another of Mohammad-Ebrahim Jannati's opinions, which has opponents such as al-Halabi and Ibn Idris among the early jurists, and [[Sheikh Ansari]] and [[Mirza Qomi]] among the later ones.<ref>Soroush Mahallati, "An Introduction to the Study of Women's Judicature," pp. 54, 64.</ref> Also, the author of Jawahir has claimed a consensus on the condition of masculinity for a judge.<ref>Najafi, *Jawahir al-Kalam*, vol. 40, pp. 12, 14.</ref>
 Jannati has also permitted women to hold the position of a Marja' (source of emulation), which is a controversial opinion.<ref>Amin, ["Gender and Marja'iyyat"](http://ensani.ir/fa/article/112053/), *Hawra' Magazine*.</ref>
 ===Opposition to the Necessity of Emulating the Most Learned===
-Jannati has opposed the necessity of emulating the most learned; whereas Muhaqqiq al-Karaki has claimed a consensus on emulating the most learned.<ref>Borujerdi, *Nihayat al-Afkar*, vol. 4, p. 248.</ref> He does not consider "most learned" (*a'lamiyyat*)—in the sense of being more capable of deriving God's ruling—to be conceivable either at the apparent and evidentiary level or at the level of reality and fact. Jannati also considers "most learned" in another sense, i.e., "making fewer mistakes in tracing back subsidiary issues and new problems to basic principles," to be conceivable, but finds it very difficult to determine which of two mujtahids makes fewer mistakes in the process of derivation.<ref>["Selected Fatwas"](http://jannaati.com/far/index.php?page=6), Ayatollah Jannati's Information Website.</ref>
+Jannati has opposed the necessity of emulating the most learned; whereas [[Muhaqqiq al-Karaki]] has claimed a consensus on emulating the most learned.<ref>Borujerdi, *Nihayat al-Afkar*, vol. 4, p. 248.</ref> He does not consider "most learned" (a'lamiyyat)—in the sense of being more capable of deriving God's ruling—to be conceivable either at the apparent and evidentiary level or at the level of reality and fact. Jannati also considers "most learned" in another sense, i.e., "making fewer mistakes in tracing back subsidiary issues and new problems to basic principles," to be conceivable, but finds it very difficult to determine which of two mujtahids makes fewer mistakes in the process of derivation.<ref>["Selected Fatwas"](http://jannaati.com/far/index.php?page=6), Ayatollah Jannati's Information Website.</ref>
 ===Permissibility of Sculpture===
@@ Line 72: / Line 72: @@
 Jannati considers menstruation to be the main criterion for the [[puberty of girls]] and has not accepted the role of age in its determination. He believes that the mention of different ages in the narrations is due to the difference in living environments, geographical conditions, and genetic and physical factors, and that menstruation in girls is equivalent to semen in boys, and the criterion for a girl's puberty is her monthly period, not reaching the age of nine.<ref>Jannati, "Puberty from the Perspective of Ijtihadi Fiqh," p. 42.</ref> Contrary to Jannati, the majority of Imami jurists have considered age, alongside menstruation and other signs, as a sign of puberty for girls, to the extent that Ibn Idris has claimed a consensus on age being a criterion.<ref>Shahid al-Thani, *Al-Rawdah al-Bahiyyah*, vol. 1, pp. 155-156; Tabataba'i Yazdi, *Al-'Urwat al-Wuthqa*, vol. 1, p. 528.</ref>
-===The Definition of *Ghina* in Music Not Being Based on Custom===
+===The Definition of Ghina in Music Not Being Based on Custom===
-In Jannati's view, a specific meaning of *ghina* (singing, often associated with forbidden music) cannot be reached through custom (*'urf*), because *ghina* is discussed in a specific custom and always varies with changing conditions of time and place, geography, culture, society, and human states. This has caused jurists to differ on the concept of *ghina*; therefore, a comprehensive and exclusive definition of *ghina* cannot be obtained through custom.<ref>Jannati, ["Art and Beauty from the Perspective of Ijtihadi Fiqh Principles"](http://ensani.ir/fa/article/105806/), *Keyhan-e Andisheh*.</ref> On this issue, however, the majority of jurists consider custom to be the criterion for distinguishing forbidden music from permissible music.<ref>Makarem Shirazi, *Istifta'at*, vol. 2, q. 659; Safi Golpayegani, *Jami' al-Ahkam*, vol. 1, q. 994, 1018, 1020; Tabrizi, *Istifta'at*, q. 1077, 1050, 1059; Fazel Lankarani, *Jami' al-Masa'il*, vol. 1, q. 996; Khamenei, *Ajwibat al-Istifta'at*, q. 1154, 1127; Sistani, *Minhaj al-Salihin*, vol. 2, issue 20; Nouri Hamedani, *Istifta'at*, vol. 1, q. 1008; Vahid Khorasani, *Minhaj al-Salihin*, vol. 3, issue 17.</ref>
+In Jannati's view, a specific meaning of ghina (singing, often associated with forbidden music) cannot be reached through custom ('urf), because ghina is discussed in a specific custom and always varies with changing conditions of time and place, geography, culture, society, and human states. This has caused jurists to differ on the concept of ghina; therefore, a comprehensive and exclusive definition of ghina cannot be obtained through custom.<ref>Jannati, ["Art and Beauty from the Perspective of Ijtihadi Fiqh Principles"](http://ensani.ir/fa/article/105806/), *Keyhan-e Andisheh*.</ref> On this issue, however, the majority of jurists consider custom to be the criterion for distinguishing forbidden music from permissible music.<ref>Makarem Shirazi, *Istifta'at*, vol. 2, q. 659; Safi Golpayegani, *Jami' al-Ahkam*, vol. 1, q. 994, 1018, 1020; Tabrizi, *Istifta'at*, q. 1077, 1050, 1059; Fazel Lankarani, *Jami' al-Masa'il*, vol. 1, q. 996; Khamenei, *Ajwibat al-Istifta'at*, q. 1154, 1127; Sistani, *Minhaj al-Salihin*, vol. 2, issue 20; Nouri Hamedani, *Istifta'at*, vol. 1, q. 1008; Vahid Khorasani, *Minhaj al-Salihin*, vol. 3, issue 17.</ref>
 ===Virgin's Marriage Not Being Conditional on the Guardian's Permission===
@@ Line 87: / Line 87: @@
 ===Extraction of Criteria===
-Attention to subject identification (*mawdu'-shinasi*), discovering instances, and achieving the criteria (*malakat*) of rulings in the process of ijtihad are among Jannati's jurisprudential foundations. He considers achieving the criteria of rulings to be possible and, in the difference between the basis (*manat*) and the cause (*'illah*), believes that the cause of a ruling pertains to the level of reality and fact, but the basis of a ruling pertains to the level of proof and appearance from the evidence. Based on this, Jannati does not consider the cause of a ruling, which is the real benefit and harm, to be achievable, but he believes that the basis of a ruling is achievable because we have access to the level of appearance from the evidence.<ref>Jannati, "The Necessity of Evolution in Ijtihad in the Arena of Deduction," vol. 1, p. 409.</ref> For this reason, in order to expand the criteria of rulings, he has also issued a fatwa on the obligation of zakat on items other than the nine specified ones, citing the determination of zakat on horses by Imam Ali (a).<ref>Jannati, ["The Role of Time and Place in Ijtihad"](http://ensani.ir/fa/article/102607/), *Keyhan-e Andisheh*.</ref>
+Attention to subject identification (mawdu'-shinasi), discovering instances, and achieving the criteria (malakat) of rulings in the process of ijtihad are among Jannati's jurisprudential foundations. He considers achieving the criteria of rulings to be possible and, in the difference between the basis (manat) and the cause ('illah), believes that the cause of a ruling pertains to the level of reality and fact, but the basis of a ruling pertains to the level of proof and appearance from the evidence. Based on this, Jannati does not consider the cause of a ruling, which is the real benefit and harm, to be achievable, but he believes that the basis of a ruling is achievable because we have access to the level of appearance from the evidence.<ref>Jannati, "The Necessity of Evolution in Ijtihad in the Arena of Deduction," vol. 1, p. 409.</ref> For this reason, in order to expand the criteria of rulings, he has also issued a fatwa on the obligation of zakat on items other than the nine specified ones, citing the determination of zakat on horses by Imam Ali (a).<ref>Jannati, ["The Role of Time and Place in Ijtihad"](http://ensani.ir/fa/article/102607/), *Keyhan-e Andisheh*.</ref>
 ===Attention to the Spirit of the Sharia===
@@ Line 93: / Line 93: @@
 ===Avoidance of Precautionary Fatwas===
-Mohammad-Ebrahim Jannati rejects the method of issuing precautionary fatwas in jurisprudence and considers it impossible to solve society's problems with this method, believing that clarity must be used in issuing fatwas. Citing that Islamic jurisprudence has definitive evidence and also citing verses indicating ease and leniency, such as "Allah intends for you ease and does not intend for you hardship,"<ref>Quran 2:185.</ref> he considers the precautionary method to be incompatible with the spirit of the Sharia and believes it will have undesirable reactions in society<ref>Jannati, *Fiqh and Time*, pp. 104-106, 108.</ref> and will fail to respond to many issues, including in the fields of medicine, art, modern currencies, and prescribed punishments (*hudud*) and retribution (*qisas*).<ref>Jannati, *Fiqh and Time*, p. 93.</ref>
+Mohammad-Ebrahim Jannati rejects the method of issuing precautionary fatwas in jurisprudence and considers it impossible to solve society's problems with this method, believing that clarity must be used in issuing fatwas. Citing that Islamic jurisprudence has definitive evidence and also citing verses indicating ease and leniency, such as "Allah intends for you ease and does not intend for you hardship,"<ref>Quran 2:185.</ref> he considers the precautionary method to be incompatible with the spirit of the Sharia and believes it will have undesirable reactions in society<ref>Jannati, *Fiqh and Time*, pp. 104-106, 108.</ref> and will fail to respond to many issues, including in the fields of medicine, art, modern currencies, and prescribed punishments (hudud) and retribution (qisas).<ref>Jannati, *Fiqh and Time*, p. 93.</ref>
 ===Disregard for the Fame of a Fatwa===
@@ Line 99: / Line 99: @@
 ==Critique==
-The jurisprudential-principled foundations of Mohammad-Ebrahim Jannati, while being innovative and attentive to the principle of evolution in ijtihad, suffer from a lack of fundamental theorization. Accordingly, among the works and writings of Mohammad-Ebrahim Jannati, a fundamental theory with such characteristics cannot be found. On the other hand, Jannati speaks of the necessity of breaking the barrier of emulation in ijtihadi discussions and new issues and emphasizes the necessity of ijtihad in all subjects, including issues related to banking, currency, interest, and partnership (*mudarabah*).<ref>Jannati, ["Ijtihadi Fiqh and the Reform of Seminaries from the Viewpoint of Imam Khomeini"](http://ensani.ir/fa/article/100567/), *Keyhan-e Andisheh*.</ref> However, in the arena of economic and social theorization, no scholarly work from this jurist is seen.
+The jurisprudential-principled foundations of Mohammad-Ebrahim Jannati, while being innovative and attentive to the principle of evolution in ijtihad, suffer from a lack of fundamental theorization. Accordingly, among the works and writings of Mohammad-Ebrahim Jannati, a fundamental theory with such characteristics cannot be found. On the other hand, Jannati speaks of the necessity of breaking the barrier of emulation in ijtihadi discussions and new issues and emphasizes the necessity of ijtihad in all subjects, including issues related to banking, currency, interest, and partnership (mudarabah).<ref>Jannati, ["Ijtihadi Fiqh and the Reform of Seminaries from the Viewpoint of Imam Khomeini"](http://ensani.ir/fa/article/100567/), *Keyhan-e Andisheh*.</ref> However, in the arena of economic and social theorization, no scholarly work from this jurist is seen.
 As Jannati specifies, if a jurist accepts Islam as a system and feels responsible, he must prepare a manual in accordance with new phenomena in the legal, economic, judicial, penal, political, governmental, and international relations dimensions.<ref>Jannati, ["Ijtihadi Fiqh and the Reform of Seminaries from the Viewpoint of Imam Khomeini"](http://ensani.ir/fa/article/100567/), *Keyhan-e Andisheh*.</ref> But in practice, he has not done so himself and has not theorized in these areas.

Mohammad-Ebrahim Jannati Shahroudi: Difference between revisions