Seyyed Mohammad Hossein Nabavi

Principles of the Jurisprudence of Education/13

Note: Although jurisprudential propositions pertaining to education have perpetually existed within Shiite fiqh, the field of “Jurisprudence of Education” (Fiqh al-Tarbiyah) remains a relatively nascent jurisprudential domain. This novelty accounts for the limited number of dedicated monographs. Presented below is a curated report of the principal works on the jurisprudence of education, divided into Persian-language and Arabic-language titles:

Persian-Language Books

a. Jurisprudence of Education; The Necessity of Revelatory Education (Volume I), Author: Mohammad Taqi Hadi Zadeh, Qom: Akhlagh va Tarbiyat-e Nabavi Publications, 1402 SH (2023 CE), First Edition.

b. Jurisprudence of Education; The Concept of Revelatory Education (Volume II), Author: Mohammad Taqi Hadi Zadeh, Qom: Akhlagh va Tarbiyat-e Nabavi Publications, 1402 SH (2023 CE), 92 pages, Royal octavo format, First Edition.

c. Jurisprudence of Education; Child Education (Volume III), Author: Mohammad Taqi Hadi Zadeh, Qom: Akhlagh va Tarbiyat-e Nabavi Publications, 1403 SH (2024 CE), First Edition.

Many scholars and practitioners in education possess at least a cursory definition of “tarbiyah” (education/upbringing); yet few can dispense with rigorous reflection to achieve a precise, detailed understanding of its concept. The volume The Concept of Revelatory Education represents a concerted effort toward this end. It examines and elucidates the concept of education across three axes, structured in three discourses: 1. Functions of the concept of education and obstacles to its attainment; 2. Exposition of revelatory education from three vantage points: human needs, historical experiences, human aptitudes and constitution; 3. The concept of revelatory education viewed through revelatory terminology concerning humankind and the Messenger of God (peace be upon him and his progeny).

d. Etiquette of Interpersonal Conduct in Family Relations according to Imami Jurisprudence, Author: Zahra Rezazadeh Kurdloo, Arshak Publications, 1403 SH (2024 CE), 133 pages.

The etiquette of interpersonal conduct within family relations comprises the obligations and prohibitions that Imami jurists have derived from shar‘i proofs and articulated throughout classical fiqh literature. Family relations constitute one of the most critical forms of human interaction. Within the family, cohabitation is central—between spouses on one level, and between parents and children on another—both regulated by Islamic teachings. The Islamic social order is founded upon the family and its pivotal role. Consequently, fiqh accords the family exceptional attention as the focal point of legal rulings, rights, and moral protocols, reinforcing its status through manifold propositions, teachings, and directives. Religious instruction emphasizes intra-family relations, and jurisprudence addresses portions thereof by delineating rights and duties in diverse chapters. Reflection upon various fiqh sections—such as marriage, divorce, inheritance (governing spousal relations), or lineage, custody, maintenance (governing parent-child relations)—yields abundant evidence. The present study surveys multiple fiqh chapters to examine family-interaction etiquette from the Imami perspective, aiming thereby to contribute to the enhancement of family relations and the fortification of the family unit.

e. The Power of Discipline, the Miracle of Encouragement: Judicious Application of Encouragement and Discipline in Child-Rearing Based on Imami and Hanafi Jurisprudential Perspectives, Author: Marzieh Hasanvand, Tahirian Publications, 1403 SH (2024 CE), First Edition.

Childhood and adolescence constitute the golden era in which human personality is fundamentally shaped; hence, the familial milieu and parental child-rearing practices exert profound influence upon human development and elevation. The present work accordingly expounds the multifaceted dimensions of encouragement and discipline in child-rearing—an essential and delicate component of the educational process.

This aim is pursued through comparative analysis of the principles of encouragement and the permissibility of discipline as viewed in Imami fiqh, Hanafi fiqh, and child psychology. The book is structured in five chapters: Chapter One offers general preliminaries; Chapter Two delineates the encouragement–discipline framework in educational and developmental psychology (while foregrounding Imami and Hanafi positions, it first discusses general principles of parental encouragement and discipline for clarity and subsequent comparison); Chapter Three examines punishment and encouragement within the Islamic educational paradigm, the Qur’an, and Prophetic tradition; Chapter Four explores the features of encouragement and discipline in Imami jurisprudence; Chapter Five presents the corresponding features, principles, and constraints in Hanafi jurisprudence. Chapter Six identifies convergences and divergences among psychology, Imami fiqh, and Hanafi fiqh, concluding with the author’s recommendations.

f. Education and Lifestyle: (An Analytical Introduction to the Jurisprudential and Legal Study of Education and Islamic Lifestyle), Author: Seyyedeh Razieh Hosseini, Hamedan: Da‘ieh Publications, 1403 SH (2024 CE).

Certain thinkers deny any intrinsic link between religion and social existence, asserting that social life and governance are essentially foreign to religion, which bears no relation to livelihood development or to social behavioral models and lifestyles. This school interprets social life distinctively, assigning religion responsibility solely for the individual–God relation, while entrusting rational livelihood and behaviors to secular reason and modern sciences. In this perspective—championed inter alia by Dr. Soroush—even incidental religious involvement in social or economic affairs remains peripheral and extraneous to religion’s essential categories.

A second outlook severs religiosity from human felicity altogether, contending that felicity—understood purely as material prosperity—is attainable through collective human reason without recourse to divine legislation (i.e., fiqh). This materialist stance repudiates sharia’s foundational validity. The present volume, however, addresses Muslim intellectuals who affirm religion and sharia yet deny their indispensable role in achieving felicity, regarding felicity and livelihood as disconnected domains; consequently, they negate any substantive relation between religion and social life, and by extension between religion and lifestyle or behavioral paradigms.

Advocates of this theory maintain that religion and felicity are inextricably linked, while livelihood and lifestyle constitute a separate sphere: felicity pertains to religion, livelihood development and lifestyle formulation to human intellect. Thus, the core foundation of Islamic lifestyle discourse lies in religious epistemology and the elucidation of religion’s relation to lifestyle. The Islamic system’s establishment and governance rest upon a distinctive conception of Islam.

Prior to delineating the religious-study foundations of lifestyle from the viewpoint of the Supreme Leader, the book maps the spectrum of positions on religion–lifestyle relations and situates the Leader’s stance therein. While foregrounding the jurisprudential perspective on education and lifestyle, it simultaneously elucidates and critically examines pertinent legal viewpoints.

g. An Introduction to the Jurisprudence of Education: Fasli School – Winter 1400 SH, Mojtaba Kafil, Tehran: Research Institute for Jurisprudence of the System Publications, 1402 SH (2023 CE).

This volume compiles discourses presented across ten scholarly sessions on the jurisprudence of education. Session 1 (Ayatollah Mohsen Araki): “Foundations and Principles of the Jurisprudential System of Education”; Session 2 (Prof. Mohammad Alamzadeh Nouri): “Nature and Scope of the Jurisprudence of Education”; Session 3 (Prof. Ahmad Farhodi): “Historical Background and Jurisprudential Heritage of the Jurisprudence of Education”; Session 4 (Prof. Abolqasem Moqimi Hajji): “The Role of the Jurisprudence of Education in Civilizational Construction and Fulfilling the Needs of Islamic Governance”; Session 5 (Prof. Hamed Vahidi): “Principial Challenges Confronting Additive Fiqh Disciplines”; Session 6 (Prof. Hanif Nasrollahi Nesab): “Introduction to Qur’anic Educational Studies”; Session 7 (Prof. Hamid Vahidi): “Introduction to Selected Issues in the Jurisprudence of Education”; Session 8 (Prof. Hadi Hosseinpour): “The Position of the Jurisprudence of Education in Generating the Scientific System of Islamic Education”; Session 9 (Prof. Ammar Pahlavanzadeh): “Introduction to Educational Hadiths”; Session 10 (Prof. Ahmad Khairuddin): “The Place of Empirical Sciences in the Production of the Jurisprudence of Education.”

h. Jurisprudence of Sexual Education, Author: Ali Naqi Faqihi, Qom: Minhaj-e Elm Publications, 1402 SH (2023 CE).

Comprising seven chapters: Chapter 1: Preliminaries of the jurisprudence of sexual education; Chapter 2: Historical background; Chapter 3: Foundational issues; Chapter 4: Foundations of sexual education; Chapter 5: Reason; Chapter 7: Normativity and deviance; final chapter: Foundations and governing principles of sexual education.

i. A Jurisprudential Study of Sexual Education in Selected Narrations from Wasā’il al-Shī‘ah, Author: Seyyed Mohammad Javad Sajadinezhad, Mashhad: Rangin Ketab Publications, 1403 SH (2024 CE).

Adolescence witnesses the pronounced emergence of sexual inclinations, often generating difficulties for youth due to unfamiliarity with the phenomenon and inadequate guidance toward rational channeling. Sexual education of adolescents forms a crucial duty of educators and psychologists: adolescence is a pivotal, fate-shaping stage, and neglect in this domain inflicts irreparable harm. The author asserts: “Our understanding of sexual education differs fundamentally from Western paradigms in most respects. We intend by it cultivation, moderation, and direction—not arousal or intensification. We regard shame and modesty as a human principle in sexual education and firmly oppose sexual license and permissiveness.”

Drawing upon narrations of the Infallibles (peace be upon them) in the authoritative Shiite compendium Wasā’il al-Shī‘ah, this study seeks to sketch a roadmap for sexual education and ground its principles in their authentic source.

j. Jurisprudence of Sexual Education: Based on the Dars-e Khārij Lectures of Professor Haj Sheikh Mohammad Hassan Vakili – Sex and Gender, Mohammad Hassan Vakili and Seyyed Shahab al-Din Doa’i, Mashhad: Institute for Strategic Studies of Islamic Sciences and Ma‘arif Publications, 1401 SH (2022 CE).

k. Jurisprudence of Gender, Education, and Sexual Health: Differences between Women and Men in the Mirror of the Holy Qur’an, Mohammad Hassan Vakili and Seyyed Shahab al-Din Doa’i, Mashhad: Institute for Strategic Studies of Islamic Sciences and Ma‘arif Publications, 1401 SH (2022 CE).

l. Jurisprudence and Education, Fatemeh Arzaqi, Qom: Chapko Publications, 1400 SH (2021 CE).

m. The Place of Educational and Ethical Exemplars in Imami Jurisprudence, Habibollah Rezaei, Tabriz: Altin Publications, 1400 SH (2021 CE).

n. Educational Jurisprudence: Shared Etiquettes of Instruction and Learning, Alireza Arafi, Qom: Eshraq va Erfan Cultural and Artistic Institute, 1397 SH (2018 CE).

o. Educational Jurisprudence: Devotional Education, Alireza Arafi, Qom: Eshraq va Erfan Cultural and Artistic Institute, 1396 SH (2017 CE).

p. Jurisprudence and Sexual Education, Heshmat Najafpour Sani, Torbat-e Heydarieh: Afra Torbat Publications, 1396 SH (2017 CE).

q. Ethics, Teaching, and Education from the Perspective of Islamic Jurisprudence and Law, Alireza Roostaei, Isfahan: Binesh-e Azadegan Publications, 1395 SH (2016 CE).

r. Jurisprudence and Education, Roya Eskandari and Mehdi Hojabri, Golestan: Keysan Publications, 1395 SH (2016 CE).

s. The Role of Jurisprudence in Social Education, Mostafa Rafsanjani Moqaddam, Mashhad: Sokhan Gostar Publications, 1394 SH (2015 CE).

t. Educational Jurisprudence: Learning Science and Religion, Alireza Arafi, Tehran: Eshraq va Erfan Cultural and Artistic Institute, 1391 SH (2012 CE).

u. Educational Jurisprudence: General Principles, Alireza Arafi; Researchers: Seyyed Naqi Mousavi, Samad Saeidi, Ali Hossein Panah; Tehran: Research Institute of Hawza and University, 1387 SH (2008 CE).

v. A View on the Interrelation of Jurisprudence and Education: The Role of Jurisprudence in Education, Ali Hemmat Banari, Qom: Imam Khomeini (ra) Educational and Research Institute, 1383 SH (2004 CE).

Source: External Source