Jurisprudential Foundations of Conciliatory Taqiyyah (book): Difference between revisions
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'''Jurisprudential Foundations of Conciliatory Taqiyyah''' (in Persian: [[:fa:مبانی_فقهی_تقیه_مداراتی_(کتاب)|مبانی فقهی تقیه مداراتی]]) is a study in the field of [[Political Fiqh]] by Sayyid Muhammad Ya'qub Musavi. The author of the book considers the legislation of taqiyyah (dissimulation) to be for the purpose of preserving the unity of Muslims and the peaceful coexistence of Islamic schools of thought. According to him, taqiyyah is a strategy to avoid hypocrisy and disunity among Muslims. Furthermore, through taqiyyah, peaceful coexistence can also be maintained with non-believers, thereby introducing them to the teachings of Islam. The author considers taqiyyah to be one of the important jurisprudential principles and defines it as concealing the truth for the sake of an underlying interest. Among the proofs for the legitimacy of taqiyyah, according to the author, is [[Quran 3:28]], which, although forbidding Muslims from befriending non-believers, exceptionally permits friendship with them under certain conditions. Commentators interpret this exception to mean taqiyyah. | '''Jurisprudential Foundations of Conciliatory Taqiyyah''' (in Persian: [[:fa:مبانی_فقهی_تقیه_مداراتی_(کتاب)|مبانی فقهی تقیه مداراتی]]) is a study in the field of [[Political Fiqh]] by Sayyid Muhammad Ya'qub Musavi. The author of the book considers the legislation of taqiyyah (dissimulation) to be for the purpose of preserving the unity of Muslims and the peaceful coexistence of Islamic schools of thought. According to him, taqiyyah is a strategy to avoid hypocrisy and disunity among Muslims. Furthermore, through taqiyyah, peaceful coexistence can also be maintained with non-believers, thereby introducing them to the teachings of Islam. The author considers taqiyyah to be one of the important jurisprudential principles and defines it as concealing the truth for the sake of an underlying interest. Among the proofs for the legitimacy of taqiyyah, according to the author, is [[Quran 3:28]], which, although forbidding Muslims from befriending non-believers, exceptionally permits friendship with them under certain conditions. Commentators interpret this exception to mean taqiyyah. | ||
The author considers conciliatory taqiyyah ( | The author considers conciliatory taqiyyah (taqiyyah al-modarati) to be one of the divisions of taqiyyah that leads to the [[Preservation of the Islamic Ummah|preservation of the Islamic ummah]] and the avoidance of discord and disunity. For instance, Imam al-Sadiq (a) advised praying with them, visiting their sick, and participating in the funerals of Sunnis. The author counts the 25-year silence of Ali after the event of Saqifah, the peace treaty of Imam al-Hasan, and Imam al-Rida's acceptance of the heir apparency as evidence for the legitimacy of conciliatory taqiyyah. However, according to the author, conciliatory taqiyyah also has exceptions, including the preservation of the essence of Islam and the madhhab, dissociating from the Imams, and drinking wine, in which cases taqiyyah should not be practiced. | ||
== Brief Introduction and Structure == | == Brief Introduction and Structure == | ||
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== Evidence for the Legitimacy of Taqiyyah == | == Evidence for the Legitimacy of Taqiyyah == | ||
After examining and critiquing the definitions of taqiyyah in Shia and Sunni texts, the author ultimately presents his chosen definition. He defines taqiyyah as concealing the truth from others or expressing its opposite for the sake of an interest ( | After examining and critiquing the definitions of taqiyyah in Shia and Sunni texts, the author ultimately presents his chosen definition. He defines taqiyyah as concealing the truth from others or expressing its opposite for the sake of an interest (maslahah) that is more important than the interest of revealing it. According to the author, this definition includes various types of taqiyyah, including conciliatory and fear-based, and its scope encompasses acts of worship, beliefs, and transactions. The author considers taqiyyah permissible on the condition that it does not lead to the fundamental destruction of a right or the establishment of a falsehood (pp. 18-23). | ||
The author refers to Quranic and narrative evidence, [[nature]] ( | The author refers to Quranic and narrative evidence, [[nature]] (fitrah), [[consensus]] (ijma'), [[reason]] ('aql), the [[conduct of the pious]] (sirat al-mutasharri'ah), and the [[practice of the wise]] (sirat al-'uqala') to prove the legitimacy of taqiyyah. | ||
=== Quranic Evidence === | === Quranic Evidence === | ||
The author considers the evidence for the legitimacy of taqiyyah to include verses of the Quran, numerous narrations, consensus, rational arguments, the conduct of the pious, and the practice of the wise (p. 24). According to him, Shia and Sunni jurists have referred to several categories of Quranic verses for the legitimacy of taqiyyah; one category of these verses indicates the legitimacy of taqiyyah from non-believers, but the legitimacy of taqiyyah towards other Muslims can be derived from these verses by analogy ( | The author considers the evidence for the legitimacy of taqiyyah to include verses of the Quran, numerous narrations, consensus, rational arguments, the conduct of the pious, and the practice of the wise (p. 24). According to him, Shia and Sunni jurists have referred to several categories of Quranic verses for the legitimacy of taqiyyah; one category of these verses indicates the legitimacy of taqiyyah from non-believers, but the legitimacy of taqiyyah towards other Muslims can be derived from these verses by analogy (tanqih al-manat) (pp. 24-35), and another category of verses can be considered as pertaining to the legitimacy of taqiyyah from both Muslims and non-Muslims (pp. 35-39). | ||
Among the verses cited by the author regarding taqiyyah from non-believers is [[Quran 3:28]], which warns Muslims against befriending non-believers, except in situations where they need to protect themselves from the harm of non-believers, in which case they can enter into friendship. Commentators have interpreted the phrase "unless you fear a danger from them" in the verse as taqiyyah; for instance, 'Allama Tabataba'i also believes that the indication of this verse on the permissibility of taqiyyah is clear (pp. 24-25). The author also refers to the occasion of revelation of [[Quran 16:106]], concerning 'Ammar, his father, and his mother. When 'Ammar's parents were killed, 'Ammar uttered whatever the polytheists wanted and was saved; and his action was approved by God and the Prophet (s). It is evident that from the correspondence between the verse and its occasion of revelation, the permissibility of taqiyyah is derived (pp. 29-30). | Among the verses cited by the author regarding taqiyyah from non-believers is [[Quran 3:28]], which warns Muslims against befriending non-believers, except in situations where they need to protect themselves from the harm of non-believers, in which case they can enter into friendship. Commentators have interpreted the phrase "unless you fear a danger from them" in the verse as taqiyyah; for instance, 'Allama Tabataba'i also believes that the indication of this verse on the permissibility of taqiyyah is clear (pp. 24-25). The author also refers to the occasion of revelation of [[Quran 16:106]], concerning 'Ammar, his father, and his mother. When 'Ammar's parents were killed, 'Ammar uttered whatever the polytheists wanted and was saved; and his action was approved by God and the Prophet (s). It is evident that from the correspondence between the verse and its occasion of revelation, the permissibility of taqiyyah is derived (pp. 29-30). | ||
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According to the author, taqiyyah also has divisions based on its quality and outward form: | According to the author, taqiyyah also has divisions based on its quality and outward form: | ||
* Concealing Taqiyyah ( | * Concealing Taqiyyah (Taqiyyah Kitmani): Hiding one's belief and acting secretly to advance one's goals in a position of weakness and when conditions are not ripe for spreading one's creed. | ||
* Fear-Based Taqiyyah ( | * Fear-Based Taqiyyah (Taqiyyah Khawfi): Performing an act contrary to one's own madhhab and creed out of fear of others causing harm to one's life, property, or honor. | ||
* Conciliatory Taqiyyah ( | * Conciliatory Taqiyyah (Taqiyyah Modarati): Concord, tolerance, good conduct, and peaceful coexistence with other madhhabs and religions. Conciliatory taqiyyah is considered the opposite of fear-based taqiyyah (pp. 69-73). | ||
== Evidence for the Legitimacy of Conciliatory Taqiyyah == | == Evidence for the Legitimacy of Conciliatory Taqiyyah == | ||
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=== Quran === | === Quran === | ||
Citing [[Quran 41:34]], which speaks of repelling evil with good, the author believes that the meaning of "good" ( | Citing [[Quran 41:34]], which speaks of repelling evil with good, the author believes that the meaning of "good" (hasanah) in this verse is conciliatory taqiyyah. According to him, God commanded His Prophet to be tolerant and practice conciliatory taqiyyah with people. Although the Prophet is apparently the addressee of this command, we have no reason to believe the ruling is exclusive to him. Any ruling for which there is no evidence of exclusivity is considered universal and general according to the [[Rule of Shared Rulings|rule of shared rulings]]. Thus, all obligated persons are commanded to practice conciliatory taqiyyah (pp. 77-79). The author also refers to verses of the Quran that command the preservation of unity and warn against disunity, including the [[Quran 3:103|verse of holding fast]], according to which the causes of the ummah's division are forbidden, and anything that causes unity among the ummah is commanded and considered desirable. The author considers this verse as evidence for conciliatory taqiyyah because it causes the preservation and realization of unity. The author names other verses in the Quran that indicate the prohibition of conflict, condemn sectarianism, and the tendency towards factionalism in the matter of religion, and which indicate the preservation of unity and the legitimacy of conciliatory taqiyyah (pp. 82-87). | ||
=== Narrations === | === Narrations === | ||
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In the author's opinion, among the exceptional cases in conciliatory taqiyyah are the commission of corruption in the madhhab, performing some forbidden acts, and abandoning some obligations that are of great importance in the view of the Lawgiver, or where the essence of Islam or the madhhab or a necessary tenet of religion or the madhhab is in danger of being destroyed or altered, or if conciliatory taqiyyah leads to the destruction of one of its legislative goals, for example, instead of creating unity, it causes disunity among Muslims, and instead of preserving the honor of the religion and the madhhab, it causes disgrace to the madhhab. In this case, conciliatory taqiyyah will not be permissible (p. 165). Another exception to conciliatory taqiyyah is the shedding of the blood of a respected person. In this regard, in addition to the consensus of jurists in terms of fatwa, there are also reliable narrations. The late Khu'i, because he considers the legitimacy of taqiyyah to be for the prevention of bloodshed and as a favor to the believers, and injuring a respected person is contrary to this favor, does not accept taqiyyah with respect to causing injury (pp. 167-168). | In the author's opinion, among the exceptional cases in conciliatory taqiyyah are the commission of corruption in the madhhab, performing some forbidden acts, and abandoning some obligations that are of great importance in the view of the Lawgiver, or where the essence of Islam or the madhhab or a necessary tenet of religion or the madhhab is in danger of being destroyed or altered, or if conciliatory taqiyyah leads to the destruction of one of its legislative goals, for example, instead of creating unity, it causes disunity among Muslims, and instead of preserving the honor of the religion and the madhhab, it causes disgrace to the madhhab. In this case, conciliatory taqiyyah will not be permissible (p. 165). Another exception to conciliatory taqiyyah is the shedding of the blood of a respected person. In this regard, in addition to the consensus of jurists in terms of fatwa, there are also reliable narrations. The late Khu'i, because he considers the legitimacy of taqiyyah to be for the prevention of bloodshed and as a favor to the believers, and injuring a respected person is contrary to this favor, does not accept taqiyyah with respect to causing injury (pp. 167-168). | ||
Other exceptions to conciliatory taqiyyah, in the author's opinion, are dissociating from the Imams and cursing them. Dissociation, cursing, and reviling the Imams are legitimate in fear-based taqiyyah but are not legitimate in conciliatory taqiyyah and are contrary to the goal and purpose of conciliatory taqiyyah, which is to preserve the honor of the madhhab and the school of thought and to prevent the humiliation of Shias. Also, where it leads to the disclosure of the secrets of the infallible Imams and the madhhab, drinking wine, wiping over shoes, and denying | Other exceptions to conciliatory taqiyyah, in the author's opinion, are dissociating from the Imams and cursing them. Dissociation, cursing, and reviling the Imams are legitimate in fear-based taqiyyah but are not legitimate in conciliatory taqiyyah and are contrary to the goal and purpose of conciliatory taqiyyah, which is to preserve the honor of the madhhab and the school of thought and to prevent the humiliation of Shias. Also, where it leads to the disclosure of the secrets of the infallible Imams and the madhhab, drinking wine, wiping over shoes, and denying mut'at al-hajj, the author believes that conciliatory taqiyyah has no way of being permissible in these cases (pp. 168-187). | ||
[[Category:Bibliographical Articles]] | [[Category:Bibliographical Articles]] | ||