The fifty-fourth session of the “Methodology Sundays” program, themed “Historical Analysis of Jurists’ Methods in Transforming Jurisprudential Propositions into Social Norms,” was held. Organized by the Research Institute for Contemporary Jurisprudential Studies in collaboration with the Office for the “Development and Empowerment of Islamic Sciences” of the Islamic Propagation Office, this session explored the historical experiences of Shi’a jurisprudence from the Mongol invasion to the Safavid era in socializing and popularizing jurisprudential propositions. This session was part of the summer series of “Methodology Sundays,” which focuses on examining the methods of socializing religious teachings, with the aim of enhancing the scientific and historical understanding of the approaches of Muslim jurists and rulers in this domain.
This academic session, held virtually, featured presentations by Hojjatoleslam Dr. Mohsen Alviri, Full Professor of the History Department at Baqir al-Olum University, and Dr. Mahdieh Mahdavi Kani, Assistant Professor of the History Department at Imam Sadiq University. Hojjatoleslam Dr. Hamed Qara’ati, Assistant Professor of the History Department at Baqir al-Olum University, participated as a critic.
At the beginning of this specialized session, the session’s moderator, Hojjatoleslam Mohammad Kazem Haqqani Fazl, Director of the Encyclopedia Department of the Research Institute for Contemporary Jurisprudential Studies, while commemorating the mourning days of Arbaeen and offering condolences for the mourning period of the end of Safar, emphasized the importance of methodology in jurisprudential research and its role in understanding the transformation of jurisprudential propositions into social norms.
Subsequently, Hojjatoleslam Dr. Mohsen Alviri, while offering condolences for the mourning period and expressing gratitude to the organizers, presented his discussion.
Dr. Alviri summarized his presentation in three main areas:
- The Nature of the Topic and Perspective
He emphasized that the discussion is not solely jurisprudential, and the goal is to examine the social role of jurists in society and the transformation of jurisprudential propositions into social norms. The professor at Baqir al-Olum University clarified that the topic is more aligned with social history or the sociology of knowledge, though related to jurists, it is not purely jurisprudential. This analysis seeks to open new horizons in the history of jurisprudence and understand the role jurists have played in society, which is highly significant for contemporary jurisprudence.
He further noted that from the outset of this research, the aim was to broaden perspectives in the history of jurisprudence and juristic practice to clarify the roles jurists have played in society. In his view, addressing the question of how jurists have acted in the social sphere is a critical research necessity, as it can even influence the jurisprudential process itself. - The Significance of the Historical Period from the Mongol Invasion to the Safavid Era
Hojjatoleslam Alviri explained the importance of the historical period from the Mongol invasion to the Safavid era, noting that this period was critical and decisive for the spread of Shi’ism in Iran. He pointed out that at the beginning of this period, Shi’ism was centered in Iraq, particularly in Hilla, and had a presence in only certain Iranian cities. By the end of the period, however, Shi’ism had become widespread across much of Iran, paving the way for the emergence of the Safavid government.
Emphasizing that the Safavid state was a result and product of the widespread Shi’ism in Iran, not its cause, he considered this historical period a significant model for the current situation in West Asia and stressed the need to draw on the experiences of the scholars and jurists of that time. He believed that if proper actions are taken today, there is hope that the general religious belief in the region could return to the school of the Ahl al-Bayt (peace be upon them) without violence, solely through public acceptance. - Categorization of Jurists’ Methods in That Period and Related Considerations
Dr. Alviri explained that his research methodology was inductive, involving a meticulous examination, listing, and categorization of jurists’ social actions in history. However, the primary premise of the research was based on the religious teachings of the Ahl al-Bayt (peace be upon them), which emphasize the social role of scholars. For instance, he referred to a narration from Imam Baqir (peace be upon him), who describes a scholar as someone holding a candle, illuminating the path for people.
Based on this religious premise, the research assumes that religion and religious scholars must have a real social role and function in society, and the analysis of jurists’ social roles in this historical period is conducted within this framework.
The most significant finding of the research by the professor of the History Department at Baqir al-Olum University was the emphasis on “people-oriented scholarship” as the common feature of jurists’ social actions during the period under study. People-oriented scholarship refers to scholarly activities with a special focus on people and their lives, which facilitated the transformation of jurisprudential propositions into social norms.
He outlined three main aspects of jurists’ methods during this period:- Good Character and Constructive Interaction with People: Jurists, by adhering to ethical conduct, were able to transmit religious teachings to society and encourage their acceptance.
- Resolving People’s Problems: Jurists maintained close ties with the ruling authorities and addressed people’s issues, which was a significant factor in socializing religious teachings.
- Consideration of the Interests of the Islamic Community: This broader perspective led not only Shi’as but also other Muslims to gradually incline toward the school of the Ahl al-Bayt (peace be upon them).
According to this researcher, these three components together contributed to the spread and generalization of Shi’ism in Iran at that time, ultimately leading to the formation of the Safavid government.
Subsequently, Dr. Mahdieh Mahdavi Kani presented her research on the social role of Shi’a jurists in the seventh and eighth centuries AH, addressing various dimensions of the lives and activities of jurists during that period.
Dr. Mahdavi Kani, Assistant Professor of the History Department at Imam Sadiq University, began by quoting Imam Ali (peace be upon him), who stated that a true jurist is one who does not make people despair of God’s mercy and grace. She emphasized that studying the history of jurists, particularly their social roles, is a crucial aspect of understanding their status. Rejecting the view that jurists are detached from society, she stressed that the history of the past seven centuries clearly demonstrates the significant role of jurists in the Islamic community.
She noted that despite the scarcity of written sources and documents about jurists of this period, she was able to identify the names of approximately 200 Shi’a jurists and closely examine the lives and works of about twenty of them based on available evidence. These analyses show that jurists, as ethical role models, played a significant role in fostering vitality, hope, and preserving ethical values in society, particularly during the difficult conditions following the Mongol invasions.
According to her, in this turbulent era, when Islamic society suffered from destruction, corruption, poverty, and violence, jurists, through their good character, simple living, and asceticism, served as behavioral role models for the people and guardians of religious and ethical values. For example, Dr. Mahdavi referred to the lives of Sayyid Ibn Tawus and Allama Hilli, who, despite holding significant positions, never abandoned their asceticism and avoided extravagance. These jurists even refrained from permissible worldly pleasures to achieve true generosity and selflessness.
Among other examples, she mentioned the well-known story of Ibn Maytham Bahrani, who lived in scholarly seclusion and demonstrated that the value of true knowledge surpasses superficial appearances. He attended a gathering of scholars in humble attire and was initially ignored, but the next day, dressed in fine clothing, he was treated with respect, highlighting the cultural and social conditions of that time, where appearances often took precedence over substance.
Dr. Mahdavi Kani also mentioned other prominent figures such as Sayyid Jamal al-Din Ahmad ibn Tawus, Abdul Rahman ibn Muhammad ibn Ataqi, Allama Hilli, and Ibn Fahd Hilli, who were renowned for their asceticism, ethics, and spirituality. Another significant point emphasized was the culture of generosity and benevolence among jurists, inspired by the ethics of the Prophets and the Ahl al-Bayt (peace be upon them), as they led in supporting the poor and the faithful.
She also highlighted the jurists’ good manners and sociability, quoting a hadith from Imam Sadiq (peace be upon him) that good interaction with people is a sign of divine grace. These ethical qualities led jurists to feel responsible for guiding society, fostering spiritual vitality among people through their actions and words.
One of the notable points in Dr. Mahdavi’s presentation was the reference to the writing of maqtal (martyrdom accounts) books by jurists, particularly Sayyid Ibn Tawus. She explained that these books were written to familiarize pilgrims with the atmosphere of Ashura and to counter the spread of deviant forms of Sufism and mysticism. The book Luhuf by Sayyid Ibn Tawus, the first concise maqtal, played a significant role in establishing formal Ashura ceremonies in Iraq.
Another important point raised was the cultural promotion of valuing religious observances, such as the tradition of celebrating the day of religious obligation (taklif) introduced by Sayyid Ibn Tawus. He emphasized that this day should be celebrated annually with prayers of gratitude and charity, a practice that continues in some religious communities today.
In conclusion, Dr. Mahdavi Kani noted that due to time constraints, topics such as endowments, the construction of mosques and schools, the issue of Imamate, and issuing fatwas based on custom could not be discussed in detail, and she invited interested individuals to refer to her book (The Social Role of Shi’a Jurists in Iran and Iraq).
Subsequently, Hojjatoleslam Dr. Hamed Qara’ati, Assistant Professor of the History Department at Baqir al-Olum University, analyzed Dr. Mahdavi Kani’s paper, which examined jurists’ methods based on customary considerations in issuing fatwas and their attention to social and cultural issues in various regions. He stated that jurists have consistently maintained a dynamic social perspective on societal developments, and their jurisprudence has not been merely theoretical knowledge.
He raised two significant ambiguities:
- The precise definition of “jurisprudence” and “jurist” in this context, clarifying whether it refers to conventional jurisprudence (deriving secondary rulings) or a broader understanding of religious knowledge.
- The complex and sometimes dual relationship between jurisprudence and society, where jurisprudence has sometimes acted as a guiding force but at other times may have been influenced by society, losing its guiding role.
Dr. Qara’ati, referencing an introduction by Dr. Alviri, emphasized that the Prophet (peace be upon him) condemned scholars who were indifferent to societal innovations, and there are historical examples where some jurists, instead of confronting deviations, contributed to reinforcing the status quo.
Among the examples cited were Sufi and extremist movements in Shi’a history, such as those led by Sayyid Muhammad ibn Falah Musawi Mash’sha’i and Sayyid Ala al-Din Mar’ashi, illustrating how the negative influence of some jurists from social developments led to societal harm. He also discussed some controversial claims and their political consequences.
However, Qara’ati emphasized that jurisprudence has also played a positive and effective role throughout history, including supporting uprisings and religious and social reforms. Nevertheless, care must be taken to ensure that jurisprudence, due to its close interaction with society, does not deviate from its doctrinal foundations or fall under the influence of misguided trends.
In conclusion, he called for greater attention to both the positive and negative dimensions of the relationship between jurisprudence and society in future research to provide a more comprehensive and accurate picture of this interaction.
In response to the points raised, Dr. Alviri clarified that in this session, the term “jurist” refers to its common contemporary meaning. He explained that jurists, even in fields like theology and history, engaged in activities to address social needs, which is understandable within the framework of a jurist’s role. He also emphasized that the primary goal of the research was to examine jurists’ actions in socializing religious teachings, and the negative aspects of this interaction were not addressed here, though they are significant.
Dr. Alviri used an interesting analogy to highlight the importance of a jurist’s role: while scholars in theoretical fields like mathematics may excel in their domain, their direct impact on people’s daily lives is limited. However, jurists, due to the specific subject of jurisprudence—namely, “the actions of the obligated”—have a highly impactful and practical role.
Dr. Mahdieh Mahdavi Kani, in response to the critiques, explained that in the introduction to her book, she provided a clear definition of Shi’a Twelver jurists and limited her study to two specific centuries. She emphasized that these jurists were trained in Shi’a seminaries, held permissions for ijtihad or narration, and had attributed jurisprudential works. She particularly highlighted the role of Sayyid Ibn Tawus, who, despite his diverse activities, adhered to jurisprudential considerations in his fatwas, such as the fatwa prioritizing a just non-Muslim ruler over an unjust Muslim ruler, which was endorsed by scholars.
She added that one of the challenges of that period was jurists’ lack of interaction with ignorant people, which could have led them astray from the monotheistic path, a concern also advised against by Allama Hilli and Sayyid Ibn Tawus to their children. She also noted the role of jurists’ supplicatory writings in soft resistance against Sufi movements, stating that these supplications continue to strengthen people’s spirits even in difficult conditions, such as in Gaza today.
In conclusion, Dr. Alviri honored the memory of Ayatollah Mahdavi Kani, stating: “I find it necessary to express my perpetual gratitude to the late Ayatollah Mahdavi Kani (may God’s mercy be upon him), who played a significant role in bringing jurisprudence into the social sphere. His practical conduct as a people-oriented jurist deserves attention and emulation, and paying tribute to him in this session is an essential duty. May God elevate his ranks.”