By Hamid Reza Tamaddon Abstract: In the first centuries of Islam, one of the meanings of the term qiyās is the evaluation of narrations—especially solitary reports (akhbār aḥād)—based on the Qur’ān, Sunna and other evidences. For various reasons, this has sometimes been referred to as qiyās. Therefore, it cannot immediately be considered, as soon as … Read more

In the Fiqh class of Food & Drinks, lessons 115-117 on March 21st – 23rd of 2020, the principle of Takhṣīṣ al-Akthar – Specification of the Majority – was discussed. Here I wanted to share some points summarized from those lessons. For more details, see volume 3 of Fiqh al-Aṭ‘imah wa al-Ashribah, pgs. 432-446. The … Read more

Translated by Shayan Shirazi The following is a partial translation of Sayyid Sīstānī’s lectures on al-Ijtihād wa al-Taqlīd wa al-Iḥtiyāṭ, as transcribed by Sayyid Muḥammad ʿAlī Rabbānī[1]. It is hoped that it will provide the reader with a primer to the concept of ijtihād as well as insight into Sayyid Sīstānī’s intellectual approach. Discussion One: … Read more

Reflections on Mutawātir Maʿnawī By Muhammad Baqir Malekian In the terminology of ḥadīth scholars, a mutawātir report is a narration whose chain of narrators in each generation (ṭabaqa) leading up to the infallible is so numerous that it is typically impossible for them all to have intentionally agreed to attribute a lie to the infallible. … Read more

Madhāq al-Sharī‘ah (Taste of Sharī‘ah) and Rūḥ al-Sharī‘ah (Spirit of the Law) These are transcriptions of lessons 63 to 68 held between December 31st, 2019 to January 8th 2020 in Qom, given by Shaykh Haider Hobollah. These are from the khārij of Uṣūl al-Fiqh on the topic of Maqāṣid al-Sharī‘ah. For a more detailed elaboration … Read more

DISCUSSIONS ON THE USE OF AHADITH IN TAFASIR The Hujjiyat (Authority) of Akhbar al-Ahad (Solitary Narrations) Preamble Although Qur’anic exegetical literature has not always been rampant amongst Twelver Shiʿis, the last century has experienced an explosion of commentaries and works in the field of Qur’anic tafsīr. As such, the field has developed considerably alongside usūl … Read more

One of the most important disputes in contemporary legal theory discussions revolves around the nature of cause (‘illah) and wisdom (ḥikmah) behind a religious law legislated by Allah (swt). If one can determine the cause for a certain rule, it can have a series of repercussions as changes in time and place can lead to … Read more

Reading Level: Intermediate The following is a translation of a section of a lesson from Ay. Shahidīpour’s advanced jurisprudence classes (link here). In this discussion Shahidīpour touches on the difference of opinion that exists on whether or not the layman is able to apply asālat al-barā’a (hereby referred to as the “principle of innocence”) in … Read more

By Muhammad Baqir Malakiyan [Source] Abstract Centuries have passed since the downfall of the Akhbari school, yet we find effects and opinions in the books of the Usulis which we do not ever see before the uprising of the Akhbari school of thought. In fact, these opinions and effects were – literally – what the … Read more

These are transcripts written over the course of 5 lessons (lesson 118-122 – April 8th to April 14th 2019) from the advanced lessons on Usul al-Fiqh delivered by Shaykh Haider Hobbollah in Qom. As these are transcripts made in class, for those interested in the more detailed format of this discussion, please refer to the … Read more

By Hamid Reza Tamaddon | Translated by Shayan Shirazi Ayatullah Sistani is one of the few jurists who has attracted the attention of researchers due to some of the similarities that exist in his lessons and ideas with discussions on the philosophy of law, as well as his special consideration of general expediency (maṣlaḥa). This … Read more

Originally published on Mind in Momentum. Introduction Statements and laws issued by the Prophet (and for that matter any another of the maʿṣūmīn) fall into at least three categories: Hukm Sharʿī (religious laws, laws of Islam): what was issued from him qua the Messenger of God, such as the issuance of the obligation of prayers … Read more

A Cursory Glance at Sayyid Sistani’s Methods and Unique Ideas in Jurisprudence, Legal Theory, Hadith, and Rijal Hamid Reza Tamaddon, Husayn Azizpour Without a doubt, it is an arduous task in itself to speak about the style of istinbāṭ (legal deduction) and ijtihādī principles accepted by a particular jurist, let alone to do so in … Read more

Hamid Reza Tamaddon [Source] | Translated by Shayan Shirazi The issue of whether legal rulings (aḥkām) are permanent or temporary has always been a topic of discussion and dispute. In recent years[1], it has received more and more attention, under titles such as “the position of time and place in legal deduction (istinbāṭ)”, as a … Read more

Click for Part One. Second Argument: One of the most important arguments for the principle of justice is the intellect itself. The pure rational intellect very clearly attests that all religious laws need to be based on justice, and given that we believe in al-mustaqillāt al-‘aqlīyyah and the ability of the intellect to understand justice … Read more

What follows are transcriptions of 7 lessons from the khārij of Fiqh classes on Jurisprudence of Citizenship Law and Religious Minorities, given by Shaykh Haider Hobbollah. These specific lessons were given between December 30th 2018 to January 8th 2019 – and in my transcription, I have also on occasion made use of the published book … Read more

Originally posted on Shiitic Studies. Introduction The presence of contradictions between Ḥadīth (reports) attributed to the Imams within the Shīʿa corpus is an undeniable problem. One that requires explanation. This is especially so because the problem has a long back-history of being weaponised by detractors seeking to expose the inconsistency between it and the theological doctrine of … Read more

Below is a partial translation of the transcripts of Ayatullah Syed Ali Hussaini al-Sīstānī’s bahth al-khārij discussions on the topic of conflicting narrations.[1] Regarding the effects of Taqiyya on the written corpus of narrations, Syed Sistani discusses the various views regarding the extent to which the current narrations we have today can be attributed to … Read more

Click for Part 1. As for the narrations that indicate specific instances of laws that have been legislated by the Prophet (s), there are very many and we will divide them into 4 groups. First group – Narrations that indicate some independent laws that were instituted by the Prophet (s) and he himself legislated them, … Read more

Below is a translation of an extract from the book Ikhtilāf al-Ḥadīth which is a compendium of lessons given by Ayatullah Syed Ali Hussaini al-Sistani in the year 1396 AH, transcribed by Syed Hashim Hashimi. — There are three opinions on this issue: The first opinion: The legislator of laws is only Allah (swt), due … Read more

During 2018-2019 academic year’s lessons on legal theory by Shaykh Haider Hobollah, a brief discussion was opened up over two sessions (lesson 116 on April 6th, 2019 and lesson 117 on April 7th, 2019) in response to an analysis done by respected Ahl al-Sunnah scholars, Ahmad Raissouni and Khalid Zuhri. Both opine in some of … Read more

During last academic year’s (2018-2019) legal theory class with Shaykh Haider Hobbollah, before beginning discussion on Maqāṣid al-Sharī’ah (Objectives of Divine Law) as expounded by the Ahl al-Sunnah, it was imperative to understand qiyās as explained and applied by the Ahl al-Sunnah jurists. This is because discussions on Maqāṣid began within discussions on qiyās, until … Read more

One of the classes I’m attending this year are lessons on legal theory focusing on Expediency (al-maṣlaḥa) and Purposes of Islamic Law (al-maqāṣid al-sharʿīyyah). These lessons are being delivered by Shaykh Ḥaider Ḥobbollah in Qom. Over the first 50-odd lessons, a general outline of the discussion was covered, followed by an extensive discussion on the … Read more

The Principle of “Laws are Subordinate to Benefits & Harms” in Imāmī Shī’ī Legal Theory and its Implications in Non-Ritualistic Law Click here to read the paper. Acknowledgement Foremost, I would like to express my sincere gratitude to my dissertation advisor Dr. Wasti of The Islamic College. His input and important suggestions were highly valuable … Read more

In a previous post we looked at the general critique Shaykh Anṣārī (d. 1864) hurls at the Akhbārīs, in his treatise on certainty (qaṭ’). Thereafter, he begins to cite passages from a few major Akhbārī scholars, namely Astarābādī (d. 1623-24 or 1626-27), Sayyid Jazāirī (d. 1701) and Yūsuf Baḥrānī (d. 1772) and offers his critique on them. … Read more

Translation of the words of Shaykh Anṣāri (d. 1864): You are aware that there is no difference in certain knowledge which is a mere uncovering, with respect to the causes of that knowledge. However, it has been attributed to more than one of our companions from the Akhbārīyīn, that certainty attained from intellectually certain preliminaries … Read more

This article was published on the Shiapedia, a website that was run by Shaykh Abd al-Hakeem Carney (d. 2007). After his demise, the domain and hosting services were not renewed and the website vanished. Soon after his death, someone had backed up his entire website and I had downloaded all the articles – around 60-70 … Read more

This article was published on the Shiapedia, a website that was run by Shaykh Abd al-Hakeem Carney (d. 2007). After his demise, the domain and hosting services were not renewed and the website vanished. Soon after his death, someone had backed up his entire website and I had downloaded all the articles – around 60-70 … Read more

This article was written by Shaykh Abd al-Hakeem Carney (d. 2007) and was originally published on a website he was running called Shiapedia. After his demise, the domain and hosting services were not renewed and the website vanished. Soon after his death, someone had backed up his entire website and I had downloaded all the articles … Read more

The following is a translation of the introduction to Jāyegāh Mabāni Kalāmi dar Ijtihād by Dr. Sa’īd Dhiyāi’far. It is a 1,024-page research work which has surveyed 1,079 different (traditional and contemporary) jurisprudential and theological works exploring the various theological (kalāmī) foundations underpinning ijtihād and jurisprudence. Throughout the work, the author attempts to illustrate the … Read more

The Principle of Leniency in Evidences for Non-Obligatory Acts and its Jurisdiction – The View of Shi’a Jurists from the Occultation to the Fourteenth Century After Hijra By Syed Mohammad Hadi Rizvi [vc_custom_heading text=”Abstract” use_theme_fonts=”yes” el_id=”abstract”] This research looks at the highly influential principle that advocates applying leniency in accepting evidences for non-obligatory acts. It … Read more

Jurists and scholars of legal theory divide uncertainty into two: 1) those that concern a law (al-shubha al-ḥukmīyyah), and 2) those that concern the subject or an instance of a law (al-shubha al-mawḍū’īyyah). Perhaps the simplest way these two uncertainties can be explained is through the following three perspectives: 1. The Root of Uncertainty The … Read more

Taken from Syed Kamal al-Haydari’s Dars Khārij of Usūl, 4 Safar, 1435 (7th December 2013) Translated by Sadiq Meghjee When the Usūli scholars decided to challenge the Akhbāri school they assumed that Akhbārism only held sway over the furu’ dīn and at the most was linked to jurisprudence. On this basis they gave everything in … Read more