Dynamic Ijtihad
| Dynamic Ijtihad | |
|---|---|
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| Book Information | |
| Author | Yusuf Sane'i |
| Style | Analytical |
| Language | Persian |
| Volumes | 1 |
| Pages | 84 |
| Publication Information | |
| Publisher | Fiqh al-Thaqalayn |
| Publication Place | Qom |
| Publication Date | 1390 SH |
| Printing | First |
- Abstract
The book Dynamic Ijtihad is a collection of two interviews with Yusuf Sane'i that addresses the necessity of adapting jurisprudence to contemporary challenges. Sane'i believes that Shia jurisprudence has always been dynamic, and this dynamism, which he calls Jawahiri jurisprudence, not only does not conflict with precise traditional methods but provides the necessary ground for novel deductions.
He emphasizes the central role of reason and justice in dynamic ijtihad and believes that the understanding of the rational people and conditions of time and place should be considered in applying fixed principles to changing instances.
Sane'i considers the relationship between religion and politics inseparable but emphasizes people's sovereignty and the necessity of consultation. He considers the nature of sacred texts transhistorical but believes that interpretations of them and some narrative rulings can be temporary.
Finally, Sane'i sees the position of the jurist in responding to people's needs in religious rulings and distinguishes between jurisprudence (jurisprudential knowledge) and guardianship (executive authority), the exercise of which requires specific preliminaries other than jurisprudential knowledge.
Content Structure of the Book
The book Dynamic Ijtihad contains two interviews with Yusuf Sane'i that examine this topic. This book is the first part of a series of books titled Thought that have been compiled to solve some concerns and challenges in the field of thought and sciences (pp. 15-16). This book has been published by Fiqh al-Thaqalayn Publications in 1390 SH in 84 pages.
The book begins with the table of contents and preface and ends with the bibliography. The preface, titled Ijtihad in the Bed of Time, introduces the necessity of adapting jurisprudence to contemporary challenges and presents Sane'i's approach in this regard as innovative (pp. 7-16).
The main discussions of the book are organized in two sections and in the form of questions and answers. In the first section or interview, the features of Jawahiri jurisprudence, its relationship with dynamic jurisprudence, the role of reason and justice in ijtihad, the Islamic view on human rights, and the connection between religion and politics are expressed. The second interview, after explaining the historical continuity and inherent dynamism of Shia jurisprudence, describes the concepts of traditional jurisprudence and dynamic jurisprudence, and examines the evolving role of the mujtahid, the functional distinction between the jurist's scientific duties and his executive powers.
Jawahiri Jurisprudence and Its Features
Yusuf Sane'i introduces himself as committed to Jawahiri jurisprudence and enumerates four features for it: 1. Abundance of deduction (presenting a comprehensive discussion on all branches mentioned in Jawahir al-Kalam) 2. Special attention to the views of previous jurists, 3. Attention to famous opinions, 4. Detailed examination of all opinions and reasons of previous jurists in each issue. According to Sane'i, Jawahiri jurisprudence has expanded greatly with these features (pp. 23-25). Sane'i, while accepting Jawahiri jurisprudence, considers it the ground for dynamic jurisprudence and believes that Jawahiri jurisprudence provides the necessary bed for novel deductions (pp. 28-30). Sane'i believes that dynamic jurisprudence consists of: applying fixed principles to changing instances considering the understanding of the rational people and conditions of time and place (pp. 14-15).
Role of Reason and Justice in Dynamic Ijtihad
Sane'i, emphasizing the role of reason and justice in dynamic ijtihad, introduces these two as fundamental elements of his jurisprudential approach. He believes that jurisprudence, relying on reason and justice, can address solving the problems of modern human life and respond to the needs of the time. He, by mentioning examples, shows how the structure of the rational people (collective reason) changes over time and this change should be considered in ijtihad; as Imam Khomeini regarding the ownership of underground mines, relying on the structure of the rational people in his time, considered mines as spoils and belonging to the nation, while in the past it might have been that based on the structure of the rational people, the land owner was also the owner of its depth (pp. 26-29).
Sane'i, in explaining the role of justice in dynamic ijtihad, refers to verses 14 of Surah Mu'minun and 29 of Surah Hijr where God calls Himself the best of creators who has breathed His spirit into humans. He considers these verses as meaning the equality of all humans and believes that if a narration or view is contrary to human equality (for example, deprivation of women or a specific group from citizenship rights) it is considered opposed to the Quran and subject to review (pp. 28-29).
Human Rights and Collective Reason
Yusuf Sane'i explains that in matters related to life and administration of society (such as establishing ministries or military planning), collective opinion (collective reason) is respected; because the Prophet (PBUH) was also obliged to consult and observe the majority opinion. But regarding generalities and fundamental principles of rights, divine revelation is determinative. He concludes that collective reason is valid where it has no explicit conflict with divine revelation, but in case of conflict, revelation takes precedence (pp. 30-32).
Sane'i addresses the compatibility of Islamic jurisprudence with human rights and, referring to the verse "And We have certainly honored the children of Adam", states that Islam respects human dignity and human rights. He, referring to the verse "So blessed is Allah, the best of creators", also emphasizes that from Islam's view, humans are equal (p. 46); therefore, he considers the human rights law based on equality of blood money for women's and men's lives correct and valid, but equality in inheritance or right to divorce opposed to Sharia (p. 32).
Redefinition of the Concept of Kafir and Its Impact on Rights
Sane'i, in line with validating collective reason, proposes redefining the concept of kafir. He argues that the traditional and broad definition of kafir as non-Muslim is problematic; because this interpretation can lead to deprivation of rights and divine punishment for a large part of the world's population who are not Muslim only out of ignorance or lack of access to truth. He, relying on the lexical and Quranic meaning of kufr, considers kafir as someone who covers the truth, denies it, meaning someone who is not deficient and knowingly ignores the truth, engages in enmity with it.
Sane'i emphasizes that if the concept of kafir is understood in this more limited and precise meaning (someone who knowingly and out of enmity opposes the truth), many problems related to non-Muslims' rights will be solved; because in this case, religion and creed will have no interference in human rights (pp. 36-38).
Sane'i's View on Riba
In Sane'i's belief, the prohibition of riba is basically related to its aspect of injustice and economic corruption. Sane'i considers riba forbidden only if it causes injustice to society and prevents productive economic activities, but if money is used for production and economic activity and flows, and both parties (lender and borrower) benefit from it, he considers injustice negated, and this type of interest (or profit from investment) halal. He criticizes methods such as ja'alah or civil partnership that are used in banking today and considers them mere words that yield the same result as riba, while one can easily and transparently consider the second type of riba halal. According to him, this interpretation is obtained from reflection and depth in narrations, and bank interests are halal in this framework (pp. 41-43).
Relationship Between Religion and Politics and People's Sovereignty
Sane'i defines politics as managing society's affairs and from this perspective, considers Islam as politics itself; because it has presented comprehensive and complete laws for all social aspects, from neighbor and citizen rights to commercial relations and penal and civil laws. He, referring to Article 56 of the Constitution of the Islamic Republic of Iran, distinguishes his view from this authoritarian approach where whatever a religious thinker says must be acted upon without question, and emphasizes that even the Prophet (PBUH) did not govern in this way (pp. 46-47).
Transhistorical Nature of Revelation and Impact of Time and Place in Ijtihad
Yusuf Sane'i introduces the nature of sacred texts (Quran and Sunnah) as transhistorical and unchangeable principles. According to him, change occurs not in texts, but in human interpretations and thoughts from them. However, he considers some rulings and especially some narrations temporary and related to a specific time that may change the ground of that ruling in another time. He in the issue of divorce, considers the ruling related to household appliances as an example of temporary rulings; because in some narrations all these appliances are considered belonging to the divorced woman, because in the custom of the time of issuance of the narration, women provided the dowry. Sane'i states that the temporary nature of such rulings does not mean denying their permanent validity, but indicates the determinative role of custom and social contexts in understanding and executing religious rulings (pp. 51-55).
Historical Continuity of Dynamic Jurisprudence
According to Sane'i, Shia jurisprudence has always been dynamic, and this dynamism means expressing divine law for people's afflicted issues. He considers the evolutionary course of jurisprudence from Ibn Babawayh's concise treatise to voluminous books like Jawahir al-Kalam and works of great jurists as a sign of this dynamism (pp. 64-65).
Sane'i emphasizes that seminaries without dynamic jurisprudence lose their function; because people seek answers to their daily issues (p. 67). He rejects any conflict between traditional jurisprudence and dynamic jurisprudence and explains that traditional jurisprudence means the method and mode of ijtihad (like the method of the author of Jawahir), while dynamic jurisprudence means responding to new issues using the same methods (pp. 71-72).
Position and Function of the Jurist
Sane'i in explaining the function and position of the jurist, explains that the main duty of the jurist, as a specialist in jurisprudence, is responding to people's needs in the field of religious rulings. He emphasizes that the jurist can express generalities of political and social issues, but his role is not execution. He distinguishes between jurisprudence (jurisprudential knowledge) and guardianship (executive authority) and believes a jurist can have the position of judgment or guardianship, but these positions are separate from his jurisprudential aspect.
In Sane'i's belief, if a jurist, based on theory of guardianship of the jurist, has the capability to intervene in executive affairs, this is a separate position that has its own specific preliminaries and requirements. According to him, for executing guardianship, the jurist must be aware of political, social, and economic issues and have specialist consultants. These matters are different from dry scientific discussions of the seminary. Sane'i concludes that guardianship is part of the jurist's duties, and when executing rulings becomes necessary, the jurist must provide its preliminaries (pp. 77-79).