Mohammad-Ebrahim Jannati Shahroudi
Mohammad-Ebrahim Jannati Shahroudi (born 1311 SH) is an innovative jurist who organizes his jurisprudential deduction by relying on the examination of the criteria (*malakat*) of rulings in social and governmental issues. Based on this, he has issued unconventional and minority fatwas, including the intrinsic purity of humans and the permissibility of women holding the position of a judge. The books General Methods of Deduction in Fiqh from the Perspective of Islamic Jurists and Fiqh and Time are among his works and express his jurisprudential and principled thoughts. Jannati has theorized on topics such as desirable ijtihad, the age of puberty for girls, music, hijab, the status of women from the perspective of jurisprudential principles, and also apostasy.
| Ayatollah Jannati Shahroudi | |
|---|---|
 | |
| Name | Mohammad-Ebrahim Jannati Shahroudi |
| Age | 1311 SH (c. 1932 CE) |
| Position | Jurist (*Faqih*) |
| Denomination | Shia |
| Nationality | Iranian |
| Opinions | Intrinsic purity of humans, opposition to the necessity of emulating the most learned, permissibility of sculpture |
| Website | http://www.jannaati.com/far/index.php |
Jannati has also conducted studies and research in the field of comparative jurisprudence and has participated in international seminars and congresses, publishing his theories on dynamic ijtihad, the method of deduction, and the ability of Islam to solve crises in Persian and Arabic journals, including *Sawt al-Islam* and the Keyhan-e Andisheh.
Position and Importance
With an approach different from traditional jurists, Mohammad-Ebrahim Jannati seeks to make Shia jurisprudence responsive to contemporary challenges. In this endeavor, in addition to adhering to established and well-known rules of jurisprudence and ijtihad, he emphasizes several principles: giving importance to the Quran in jurisprudential and legal deductions, paying attention to the realities of life, re-examining sources and references, distinguishing between temporary and permanent rulings, and discovering the purposes and causes of rulings in non-worship matters.[1]
Jannati has also expressed his views on comparative jurisprudence by participating in international seminars and congresses. In addition, interviews with him have been published in various magazines and publications, including those in Iran, Pakistan, India, France, England, and the United States. In this context, he participated in the seminar on the "Place of Reason in Holy Texts" at the University of Birmingham, the seminar on "Understanding Shi'ism in the Past and Present" at Istanbul University, the seminar on "Comparative Fiqh and Methods of Ijtihad" at Damascus University, and also the "Islamic Discussions" seminar in Qamatiyeh, Lebanon, where he delivered speeches and read papers.[2]
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 Imam 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.[3] 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.[4]
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.[5] 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.
Works
The written works of Mohammad-Ebrahim Jannati fall into two areas: book authoring and journalistic activities.
Writings
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.[6] 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 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."[7]
Also, the 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, 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, 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,[8] 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*.[9] 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*.[10] 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.[11]
Jurisprudential Opinions
Several fatwas by Mohammad-Ebrahim Jannati are among the minority and unconventional opinions and fatwas among Shia jurists; including the Intrinsic Purity of Humans, the permissibility of women holding the position of a judge, and opposition to the necessity of emulating the most learned.
Intrinsic Purity of Humans
Jannati has issued a fatwa on the intrinsic purity of humans, and consequently, the lawfulness of the slaughtered animals of the People of the Book. In "The Theory of the Absolute Intrinsic Purity of Humans in Line with the Sources of Ijtihad," he interprets impurity as a spiritual and value-based impurity, not a physical one, and on this basis, he considers the disbeliever to be pure.[12] However, the majority of Shia jurists have ruled on the impurity of the People of the Book, let alone non-People of the Book.[13]
The permissibility of a Muslim marrying a disbelieving woman and the lawfulness of the slaughtered animals of the People of the Book are other fatwas by Jannati in this regard, which stand in opposition to the consensus or majority fatwas of other jurists on the prohibition of marriage with a disbelieving woman[14] and the prohibition of the slaughtered animal of a disbeliever.[15]
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.[16] Also, the author of *Jawahir* has claimed a consensus on the condition of masculinity for a judge.[17]
Jannati has also permitted women to hold the position of a Marja' (source of emulation), which is a controversial opinion.[18]
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.[19] 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.[20]
Permissibility of Sculpture
Mohammad-Ebrahim Jannati considers sculpture to be one of the valuable arts and is of the opinion that today, criteria such as reprehensible and polytheistic motives and the intention to imitate the Creator do not exist in sculpture, so it is considered a permissible act.[21] Such an opinion has been issued while Sheikh Ansari has claimed a consensus on the prohibition of sculpting living beings, although Hossein-Ali Montazeri has rejected the existence of a consensus on this matter.[22]
Age Not Being the Criterion for Puberty in Girls
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.[23] 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.[24]
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.[25] On this issue, however, the majority of jurists consider custom to be the criterion for distinguishing forbidden music from permissible music.[26]
Virgin's Marriage Not Being Conditional on the Guardian's Permission
Like the majority of Shia jurists,[27] Mohammad-Ebrahim Jannati does not consider the guardian's permission to be a condition for the marriage of a mature virgin. He specifies that the father's permission is not a condition for the marriage of a girl who understands her own interests and harms and is not influenced by emotions, and the choice is her own.[28] However, many contemporary jurists, contrary to him and the majority of early jurists, consider the permission of the father or paternal grandfather to be a condition for the marriage of a mature virgin.[29]
Permissibility of Contraception by a Woman
Jannati holds that a woman can use contraception without her husband's consent; a fatwa that has both supporters[30] and opponents[31] among Shia jurists.
In addition to the cases mentioned, the attribution of a child to the sperm donor in the case of fertilization with a non-husband's sperm, the permissibility of women dancing for women and men for men in joyous gatherings, and the invalidity of the pro-forma marriage contract of a young girl in its common modern form are other jurisprudential opinions of Mohammad-Ebrahim Jannati.[32]
Intellectual Foundations
A modern approach to ijtihad, the belief in the inadequacy of conventional ijtihad in solving problems and responding to new issues, and the emphasis on understanding the elements of time and place are considered the intellectual characteristics of Mohammad-Ebrahim Jannati.[33] In Jannati's view, through the evolution of ijtihad, the problem of applying a fixed Sharia to the variable of time and its conditions can be solved, and as long as such ijtihad is not applied to the sources and elements of deduction, it can never be responsive to the various events of material and spiritual life.[34]
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.[35] 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).[36]
Attention to the Spirit of the Sharia
In his jurisprudential thought, Jannati considers qualities such as having a broad worldview and being aware of current politics to be among the necessary qualities for a mujtahid and believes that a mujtahid must understand the general spirit of the Sharia, which is based on tolerance and ease.[37]
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,"[38] he considers the precautionary method to be incompatible with the spirit of the Sharia and believes it will have undesirable reactions in society[39] and will fail to respond to many issues, including in the fields of medicine, art, modern currencies, and prescribed punishments (*hudud*) and retribution (*qisas*).[40]
Disregard for the Fame of a Fatwa
According to Jannati's views, although the efforts of past jurists and scholars must be appreciated, the necessity of obeying well-known opinions and fatwas and not deviating from the views and theories of predecessors is considered a failure to understand the spirit of the Sharia and is in contradiction with the legislation of the principle of ijtihad itself.[41]
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*).[42] 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.[43] But in practice, he has not done so himself and has not theorized in these areas.
Footnotes
- ↑ Mehrizi, "Religious Approaches to Women in Contemporary Iranian History", pp. 21-22.
- ↑ ["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.
- ↑ ["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.
- ↑ ["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.
- ↑ ["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.
- ↑ Arezumandi, "A Look at the Book Fiqh and Time...", pp. 213-214.
- ↑ ["Mohammad-Ebrahim Jannati"](https://db.ketab.ir/BookList.aspx?Type=Authorid&Code=26792), Khaneye Ketab website.
- ↑ 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.
- ↑ ["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.
- ↑ ["Biography"](http://jannaati.com/far/?page=1), Ayatollah Jannati's Information Website.
- ↑ See: Jannati, "The Era of the Perfection of Ijtihad," *Keyhan-e Andisheh*, no. 47, 1992.
- ↑ Jannati, ["The Theory of the Absolute Intrinsic Purity of Humans in Line with the Sources of Ijtihad"](http://ensani.ir/fa/article/99655/), *Keyhan-e Andisheh*.
- ↑ Navvab, "Critique and Review of the Textual Evidence for the Purity and Impurity of the People of the Book," p. 49.
- ↑ Najafi, *Jawahir al-Kalam*, vol. 30, p. 27.
- ↑ *Tawdih al-Masa'il of the Maraji'*, vol. 2, p. 745.
- ↑ Soroush Mahallati, "An Introduction to the Study of Women's Judicature," pp. 54, 64.
- ↑ Najafi, *Jawahir al-Kalam*, vol. 40, pp. 12, 14.
- ↑ Amin, ["Gender and Marja'iyyat"](http://ensani.ir/fa/article/112053/), *Hawra' Magazine*.
- ↑ Borujerdi, *Nihayat al-Afkar*, vol. 4, p. 248.
- ↑ ["Selected Fatwas"](http://jannaati.com/far/index.php?page=6), Ayatollah Jannati's Information Website.
- ↑ ["Selected Fatwas"](http://jannaati.com/far/index.php?page=6), Ayatollah Jannati's Information Website.
- ↑ Montazeri, *Dirasat fi al-Makasib al-Muharramah*, vol. 2, p. 548.
- ↑ Jannati, "Puberty from the Perspective of Ijtihadi Fiqh," p. 42.
- ↑ Shahid al-Thani, *Al-Rawdah al-Bahiyyah*, vol. 1, pp. 155-156; Tabataba'i Yazdi, *Al-'Urwat al-Wuthqa*, vol. 1, p. 528.
- ↑ Jannati, ["Art and Beauty from the Perspective of Ijtihadi Fiqh Principles"](http://ensani.ir/fa/article/105806/), *Keyhan-e Andisheh*.
- ↑ 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.
- ↑ Najafi, *Jawahir al-Kalam*, vol. 29, p. 175.
- ↑ ["Selected Fatwas"](http://jannaati.com/far/index.php?page=6), Ayatollah Jannati's Information Website.
- ↑ Tabataba'i Yazdi, *Al-'Urwat al-Wuthqa*, vol. 5, p. 615; *Tawdih al-Masa'il of the Maraji'*, vol. 2, p. 387, issue 2376.
- ↑ Khoei, *Minhaj al-Salihin*, vol. 2, p. 284; Vahid Khorasani, *Minhaj al-Salihin*, vol. 3, p. 318, issue 1378; Sistani, *Minhaj al-Salihin*, vol. 3, p. 116, issue 385.
- ↑ Khomeini, *Istifta'at*, vol. 3, p. 283, q. 7; Khamenei, *Ajwibat al-Istifta'at*, p. 300, q. 1259; Makarem Shirazi, *Istifta'at Jadid*, vol. 2, p. 609.
- ↑ ["Selected Fatwas"](http://jannaati.com/far/index.php?page=6), Ayatollah Jannati's Information Website.
- ↑ Jannati, "The Necessity of Evolution in Ijtihad in the Arena of Deduction," vol. 1, p. 399.
- ↑ Jannati, *Sources of Ijtihad from the Viewpoint of Islamic Schools of Thought*, vol. 1, introduction, p. 19.
- ↑ Jannati, "The Necessity of Evolution in Ijtihad in the Arena of Deduction," vol. 1, p. 409.
- ↑ Jannati, ["The Role of Time and Place in Ijtihad"](http://ensani.ir/fa/article/102607/), *Keyhan-e Andisheh*.
- ↑ Jannati, "The Necessity of Evolution in Ijtihad in the Arena of Deduction," vol. 1, p. 406.
- ↑ Quran 2:185.
- ↑ Jannati, *Fiqh and Time*, pp. 104-106, 108.
- ↑ Jannati, *Fiqh and Time*, p. 93.
- ↑ Jannati, *Fiqh and Time*, pp. 51-52.
- ↑ Jannati, ["Ijtihadi Fiqh and the Reform of Seminaries from the Viewpoint of Imam Khomeini"](http://ensani.ir/fa/article/100567/), *Keyhan-e Andisheh*.
- ↑ Jannati, ["Ijtihadi Fiqh and the Reform of Seminaries from the Viewpoint of Imam Khomeini"](http://ensani.ir/fa/article/100567/), *Keyhan-e Andisheh*.
References
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