Prominent teachers of the University of Kufa, lraq Explained the Challenges and Strategies for Applying Jurisprudence in Today’s Social Life
The 45th Scientific Meeting of “Method on Sundays” was held online at the initiative of the Center for Contemporary Jurisprudence. In this specialized meeting, five teachers from the University of Kufa, lraq analyzed the dimensions and strategies for applying Islamic jurisprudence in contemporary society and emphasized the necessity of moving from theoretical discussions to implementing jurisprudential teachings.
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In this scientific session, Hujjat al-Islam wa Muslimin Dr. Abdul Husayn Al-Muzaffar, teacher Shaykh Ghalib al-Naser, Dr. Haydar al-Asadi, Hujjat al-Islam wa Muslimin Dr. Hasan Karim al-Rubay’i, and Dr. Haydar al-Wa’eli presented their views. The main themes of the session included the challenges of applying jurisprudence, the impact of economic, political, cultural, and epistemological factors, the necessity of collective ijtihad, and modernization in jurisprudence, which were introduced as strategies for implementing jurisprudence in today’s social life.
The 45th scientific session “of Method on Sundays” was held at the initiative of the Center for Contemporary Jurisprudence with the topic “Implementing Jurisprudence in the Islamic Society.”In this specialized session, which was held online, five prominent teachers from the University of Kufa, lraq presented their views and analyses on the dimensions and strategies of applying jurisprudence in contemporary society.
In this scientific meeting, Hujjat al-Islam wa Muslimin Dr. Abdul Husayn Al-Muzaffar, teacher Shaykh Ghalib Al-Naser, Dr. Haydar Al-Asadi, Hujjat al-Islam wa al-Muslimin Dr. Hasan Karim Al-Rubaiy’i and Dr. Haydar Al-Wa’eli presented their materials online.
News Report: Examining the Dimensions and Solutions of Applying Jurisprudence in Contemporary Society
First, Hujjat al-Islam wa al-Muslimin Dr. Abdul Husayn Al-Muzaffar explained his views on the dimensions and challenges of applying Islamic jurisprudence in today’s society. This researcher emphasized the importance of moving from purely theoretical discussions to implementing jurisprudential teachings in the context of social life. He continued by referring to the theoretical and practical dimensions and application of jurisprudence and noted: The main goal is to apply jurisprudence in the social sphere and people’s daily lives. He emphasized that although some consider the application of jurisprudence in society to be a new issue, this issue has ancient roots, although in contemporary times, with the efforts of figures such as Ayatullah martyr Muhammad Baqir al-Sadr with the “Islam Leads Life” plan and Imam Khumayni (may Allah’s mercy be upon him) with the establishment of a government based on jurisprudence, this issue has become more prominent.
Four factors affecting the application of jurisprudence
According to this researcher, the jurisprudential system is affected by four main factors in order to be applicable in society:
Economic factor: Poverty and economic crises can affect how the jurisprudential system is implemented in society.
Political factor: When politics is based on wisdom and justice, the acceptance of jurisprudential propositions by society is facilitated.
Family: The existence of the Islamic family as the core of society provides the basis for finding the true place of jurisprudence.
Epistemic factor: He defined the epistemic factor as social customs and traditions that can be in line with or in conflict with jurisprudential teachings. For example, some common customs and traditions in people’s lives may conflict with jurisprudence.
Strategies for Implementing Jurisprudence in Society
Furthermore, the teacher from the University of Kufa, lraq explained the strategies for implementing and operationalizing jurisprudence in society and stated: Given the changing and updating of social issues and challenges, the principle of gradualness and slowness must be observed in proposing jurisprudential issues and rulings, and jurists must act within a systematic and disciplined framework so that jurisprudence finds its place. Emphasizing the transition from appearance and shell to the truth and essence of jurisprudence, he reminded: Paying attention only to the appearances of jurisprudence without considering its spirit and essence can be an obstacle to its correct application. Jurisprudence has content and spirit that should be emphasized more than its appearance.
Realizing social justice and strengthening religious and social values in society were other topics raised by Hujjat al-Islam wa al-Muslimin Al-Muzaffar. He emphasized the importance of cooperation between the three key institutions of education, media, and jurisprudence: “The ineffectiveness of individual ijtihad in dealing with today’s emerging and complex issues in fields such as technology, business, and medicine. Accordingly, the necessity of using experts and moving toward group and stream-based ijtihad to remove existing obstacles and respond to the needs of the times must be considered.”
Presentation by Teacher Shaykh Ghalib Al-Naser
Next, Shaykh Ghalib Al-Naser, a teacher at the University of Kufa, lraq, examined the challenges of Islamic jurisprudence after World War II and ways out of it. He stated that the root of the problems lies in the way the Islamic world faces modernity and the solution lies in promoting contemporary Islamic thought.
This sir considered the main discussion to be the process after deriving jurisprudential rulings and added: How can jurisprudential rulings be applied at the level of Islamic society? This issue became more important when, after World War II, the problems of the Islamic world in facing Western civilization became apparent. During this period, although there was social life, customs, and traditions governing Islamic societies, in practice, weaknesses in facing new challenges became apparent.
According to Teacher Ghalib al-Naser, in the Islamic world, when facing these challenges, two main approaches were proposed:
Islamization of science: This approach was mainly proposed in countries such as Malaysia, which did not have a deep Islamic epistemological background and were unfamiliar with the flow of the Islamic epistemological system. The goal was to adapt existing sciences to Islamic teachings.
Secularization: This discourse became more widespread in countries such as Egypt, especially after the arrival of Western culture.
These two approaches could not fully meet the needs of the Islamic world.
He believed that interference and deviation in the teachings of Islam by Western countries, such as the establishment of the Florida Institute of Islamic Thought in the United States, also caused the spread of divisive thoughts and sectarianism such as the Muslim Brotherhood and Wahhabism in the Islamic world, and did not solve any of the problems of Muslim societies.
Proposed Solution: Contemporary Islamic Thought
In contrast to these two approaches and foreign interference, a teacher at the University of Kufa, lraq proposed a solution called “Contemporary Islamic Thought.” This thought emphasizes a combination of jurisprudence and modern humanities, centered on fundamental Islamic concepts such as justice, council, community, enjoining good and forbidding evil, etc. This method is considered similar to the approach of Martyr al-Sadr. Although Martyr al-Sadr did not directly use the term “Islamic sciences,” he actually benefited from this combination. For example, in the book “Our Economics,” concepts such as distribution before and after production are derived from economics, which Martyr al-Sadr has applied within the framework of the social, economic, and political systems of Islam. Also, Martyr al-Sadr’s “Mantaqat al-Faragh” design gives the jurist freedom of action to move and respond to emerging issues.
He considered the application and practicality of jurisprudence in the field of society to require “guarantees” and stated: When an Islamic state is formed, the guarantees will be different. For example, enjoining good and forbidding evil at the individual level, for example in the case of hijab, is different from when an Islamic state exists and must be accountable for its performance in major issues such as defense issues and the country’s progress compared to Western countries.
The teacher at the University of Kufa, lraq continued: Islam is the guide and leader of life. Accordingly, life is not limited to worship alone, but encompasses various areas such as business, family, politics and economics. As a result, jurisprudence should not be limited to the jurisprudence of worship alone, but should cover all these areas.
He then examined the challenges facing the application of jurisprudence or the application of jurisprudence in society:
Rapid and increasing social changes: Rapid and complex social developments are one of the main challenges in the path of applying jurisprudence.
Differences in religions in a society: The existence of different religions in a society makes the process of applying a single jurisprudence difficult.
Applying jurisprudence in societies with Muslim minorities: In countries where Muslims are in the minority, the implementation of jurisprudence teachings faces its own challenges. There are many such countries in the world.
He considered applied jurisprudence to mean the harmony and unity between the “process of inference” of rulings and the “external reality” of society, in which in this approach, issues are extracted from social realities and then adapted to the process of jurisprudential inference. This unity and harmony between inference and social reality constitutes the essence of applied jurisprudence.
Speech by Dr. Haidar Al-Waeli, Teacher at the University of Kufa, lraq
Dr. Haydar Al-Wa’eli addressed an important question in this meeting: “Do we have a crisis in the application of jurisprudence in Islamic society?” He left his answer to the audience present at the meeting and announced that in his opinion, “Yes, we have a crisis.”
He explained that this crisis is manifested in the epistemological system, especially in the two main axes that shape and influence the epistemological system. Dr. Al-Wa’eli then referred to the issue of the efficiency of this system and stated that this system must have the ability to adapt to social realities.
He proposed a series of executive measures to overcome these challenges, the most important of which are:
Transition from individual jurisprudence to governmental jurisprudence: He considered the Islamic Revolution and the Islamic Republic to be examples of this transition, which was formed based on such a change in approach.
Creating Jurisprudential Specializations: Due to the breadth and diversity of topics, there is a need for specializations in different branches of jurisprudence to better understand the issues.
Rethinking Jurisprudential Conjectures: Dr. Al-Wa’eli pointed out the need to review some limiting assumptions of jurisprudence, including the “monotheism” that interprets a revealed text (the Qur’an and Sunnah) only by understanding a specific world, before the minor occultation and after the major occultation. He considered this attitude limiting and hindering the practical development of jurisprudence.
Countering singular idealism: He stated that we must distance ourselves from extreme idealism that hinders the practical application of jurisprudence.
In response to a question about the conceptual framework for the practical application of jurisprudence, Dr. Al-Wa’eli added: “We have entered a crisis in this area, the root of which is the gap and that exists between social reality and the jurisprudential text.”He emphasized that the movement from social reality to text and vice versa should be dynamic and continuous, rather than simply moving from text to social reality.
Finally, he pointed out the need for revision and true modernization in jurisprudence, saying: “This modernization must be realized not only in appearance, but also in the depth of jurisprudence so that it can help us overcome current challenges.”
Dr. Hassan Karim Al-Rubay’i: Genealogy of Law and the Role of Jurisprudence in Social Discipline
During a scientific meeting, Dr. Hasan Karim Al-Rubay’i examined the commonalities of jurisprudence and law in the field of social discipline. He emphasized that both systems, namely jurisprudence and law, have a common goal, which is to discipline society and maintain order in social life.
Dr. Al-Rubay’i emphasized that jurisprudential rulings should be interpreted in favor of the interests and benefits of the mukallaf person, not simply in favor of general interests and corruption. In other words, the angle of view on jurisprudential issues should be from the perspective of the mukallaf person, not simply based on rigid and general rules.
He then pointed out the three main paradigms in social thought; the capitalist paradigm that gives primacy to the individual, the Marxist paradigm that assigns primacy to society, and Islam that assigns primacy to the family. According to him, this axis should be given special attention in understanding and developing jurisprudence.
In the epistemological foundations of jurisprudence, Dr. Al-Rubay’i considered the infallibles the only reliable sources that can make jurisprudence practical and apply it in the social arena. He raised four important issues for making jurisprudence practical:
Avoiding dogmatism and extreme thinking: The person mukallaf in jurisprudence is free, and this freedom must be taken into account in presenting rulings.
Using the rule of the progression of rulings: which was proposed in 2006 and gradually encourages the change and adaptation of rulings over time.
Raising the level of awareness and knowledge: in various historical, social, political, economic, and jurisprudential fields.
Emphasizing the role of the family as a central institution: Contrary to popular belief, the concept of family in this discussion does not mean a simple community of individuals, but rather is known as a fundamental and simple social institution that should be the focus of attention and action in jurisprudence.
Dr. Al-Rubay’i once again pointed out the importance of the benefits and harms that Mr. Shatibi has raised under the title of “Maqasid al-Shari’ah” and reminded that these benefits must be interpreted in the interest of the mukallaf individual so that the application of jurisprudence can be realized in a real and effective way in people’s lives.
At the end of his speech, he thanked the organizers of the meeting and expressed his hope that such discussions would lead to the development of applied jurisprudence and more just legislation.
At the end of this specialized meeting, Dr. Muballeghi described the topics discussed in the scientific meeting as very valuable and useful. In an analytical report, he examined three more or less common features in the approaches proposed regarding the application of jurisprudence.
According to Dr. Muballeghi, one of the interesting points was the difference in the perspective between Iraqi and Iranian researchers on the issue of the application of jurisprudence. He said that many Iraqi researchers have focused more on the stage where jurisprudential inference is almost complete and now they intend to present jurisprudence to society. While in Iran, researchers often start from the inference stage when dealing with the application of jurisprudence and deal with different inference streams.
He went on to add that the difference in terminology between “Implementation of Jurisprudence” and “Application of Jurisprudence” also affects this difference in views, and this contributes to the different understanding of the issue by researchers.
Another point that Dr. Muballeghi pointed out the prominent presence of citations to the works of Martyr Sadr among the discussions raised by teachers at the University of Kufa, lraq. He emphasized that Iranian researchers refer to more diverse theoretical sources, which is partly due to limited access to Persian and Arabic sources.
The third point that was interesting to Dr. Muballeghi was the different views on the primacy of collective jurisprudence over individual jurisprudence. He explained that in Iran, after the Islamic Revolution, collective jurisprudence is often emphasized, and of course there is opposition and resistance in this regard, but among Iraqi teachers, this jurisprudential priority is given more attention, and this issue plays a role in their view of the application of jurisprudence.
Dr. Muballeghi concluded by thanking the organization of this meeting and the valuable materials presented, and stated that these differences and points are an important capacity for developing understanding and research in the field of applying jurisprudence.
At the end of this specialized meeting, all attendees attached special importance to this meeting and emphasized the need to continue scientific and research cooperation. Emphasizing the need to expand applied research in the field of jurisprudence and society, the participants considered synergy between scientific, educational, and media institutions as an effective solution to respond to emerging challenges, and expressed hope that these meetings will pave the way for positive developments and practical advances in the application of jurisprudence in social life.