Note: The relationship between jurisprudence (Fiqh) and upbringing (Tarbiat) in Islam is a long-standing matter, and almost all jurisprudence researchers agree on the point that Islamic rulings are not merely dry laws for administering human society; rather, God Almighty, in enacting these rulings, has also sought the upbringing of humans. But do other Abrahamic religions like Christianity and Judaism hold the same belief? Hujjat al-Islam wal-Muslimeen Dr. Mojtaba Khandan, a researcher in the Jurisprudence of Upbringing, seeks to answer this question in this exclusive note.

1. Introduction

Religion has long played a pivotal role in guiding humanity and determining the frameworks of individual and social life. This guidance is not limited only to presenting dry and merely apparent laws and regulations, but has greater depth and seeks to nurture the perfect human and flourish their talents in all existential dimensions. In this midst, two important wings for achieving this goal are “Jurisprudence” and “Upbringing,” which have a close and inseparable relationship with each other.

Jurisprudence is the knowledge of deducing the practical rulings of religion from its valid sources. These rulings are divine instructions for the manner of believers’ living in various arenas of life, including worship, transactions, family relations, and social responsibilities. Without jurisprudence, religion turns into a set of abstract ideas and beliefs that loses the capability of implementation in the arena of action.

However, mere obedience to rulings is not the ultimate goal of religion. The main purpose of religion is guiding humans towards perfection, felicity, and divine proximity. This guidance takes place through the process of “Upbringing.” Upbringing is a set of purposeful efforts to nurture talents, flourish moral virtues, and correct deficiencies. Jurisprudence, in fact, provides the tools and frameworks for this upbringing process.

Jurisprudential rulings are not merely restrictive; rather, they serve as powerful guides for individual and social upbringing; for example:

Acts of Worship (Ibadat): Prayer, fasting, Hajj, and Zakat are not just a handful of rulings, but practical exercises for orderliness, individual discipline, spiritual self-building, strengthening the will, purification of the self, and establishing a deep connection with God. One who prays with presence of heart is practicing meditation and attention. One who fasts practices patience and self-restraint.

Family Rulings: Rulings related to marriage, divorce, custody, maintenance (Nafaqah), and the rights and duties of parents and children directly relate to how a family is formed, sustained, and correctly brought up. These rulings provide a framework for creating a safe, peaceful, and constructive environment for the growth of future generations.

Transaction Rulings and Individual Ethics: Laws related to lawful (Halal) business, avoidance of usury, fraud, lying, backbiting, and slander are all in line with creating a healthy, just society based on honesty and mutual respect. These rulings pave the way for moral upbringing and righteous citizenship.

On the other hand, if upbringing in individual and moral dimensions does not take place correctly, adherence to jurisprudence will also suffer from weakness. Mere knowing of rulings is not enough; rather, the human heart and soul must be receptive to the truth and acting upon it. Upbringing strengthens the love for truth, desire for virtue, and deep understanding of the philosophy of rulings in humans and drives them towards righteous action and real adherence to religion.

In the contemporary world, with its abundant complexities, cultural challenges, and dizzying speed of changes, the necessity of a deep and practical understanding of the link between jurisprudence and upbringing is felt more than ever:

1. Confronting Secularism and Superficiality: In an atmosphere where some try to limit religion to personal and worship spheres or consider its rulings as merely apparent and without spirit, emphasizing the upbringing dimensions of jurisprudence shows that religion presents a comprehensive program for human felicity in this world and the hereafter, and jurisprudence is at the service of this lofty goal.

2. Responding to the Needs of the New Generation: Today’s young generation, more than any other time, seeks meaning, authenticity, and practical ways for a better and more transcendent life. Presenting jurisprudential rulings in a merely dry manner without explaining their upbringing and wisdom-based dimensions cannot satisfy the spiritual and intellectual thirst of this generation. Explaining the link between jurisprudence and upbringing increases the attractiveness of religion for the youth and drives them towards action.

3. Family Challenges: The collapse of the family foundation, weakness in child upbringing, and problems arising from unhealthy relationships are serious dilemmas of today’s societies. The Islamic jurisprudential system, by presenting clear and comprehensive frameworks for family relationships and parental duties, and emphasizing correct upbringing, can be the solution to these crises.

4. Reform of the Individual and Society: The ultimate goal of jurisprudence is not only organizing the individual’s relationship with God and society, but elevating the moral and spiritual level of the individual and, as a result, reforming society. Jurisprudence, alongside upbringing, nurtures faithful, committed, ethical, and responsible humans who can be the driving engine of positive changes in society.

5. Importance of Comparative Approach: In today’s world, understanding the commonalities and differences of upbringing approaches in different religions (especially Abrahamic religions) can help in mutual understanding, synergy in solving human problems, and correctly introducing religious teachings. Jurisprudence and upbringing in Islam, by presenting a comprehensive and perfection-oriented model, can have valuable achievements for global discourse.

Therefore, the link between jurisprudence and upbringing is considered not only a mere theoretical discussion but a practical and vital necessity for every Muslim, especially activists in the field of religion and propagation. Understanding this link helps us to understand religion correctly, accept its rulings with heart and soul, and by utilizing its upbringing capacities, build ourselves and contribute to the reform of society.

This writing intends to examine the relationship between jurisprudential concepts and upbringing approaches in Abrahamic religions with a comparative approach, especially in the key areas of family, individual growth, and ethics.

2. Conceptualization

A. Concept of “Jurisprudence” (Fiqh):

• In Islam: Defining jurisprudence as knowledge of secondary Shari’a rulings from their detailed evidences; referring to the scope of jurisprudence including worship, transactions, family, crimes, etc.; emphasizing that Islamic jurisprudence is not merely a set of dry rulings, but a framework for guiding humans in all affairs of life, and its end is felicity in this world and the hereafter.

• In Christianity: Referring to the concept of “Law” in Christianity, which has more of a moral and spiritual aspect and addresses jurisprudential details (like Islam) less. Referring to different interpretations of the “Old Testament Law” and the “Law of Christ” (Love). One can refer to the role of the Church and its councils in shaping the Christian legal and moral system.

• In Judaism: The concept of “Halakha” as Shari’a and law in Judaism; explaining that Halakha includes Torah rulings (the Pentateuch) and oral tradition (Talmud and its commentaries) and encompasses all aspects of Jewish life, including worship, diet (Kashrut), family, and ethics.

B. Concept of “Upbringing” (Tarbiat):

• Comprehensive Definition of Upbringing: A purposeful and continuous process for flourishing human potential talents (physical, intellectual, spiritual, moral, social) in order to reach the desired perfection.

• Upbringing in Religions: Referring to the fact that all divine religions guide humans towards a transcendent end and present upbringing tools appropriate to it.

• Individual and Moral Upbringing: Focusing on inner growth, self-purification, moral virtues (truthfulness, honesty, patience, forgiveness, humility, etc.) and avoidance of vices.

• Family Upbringing: The role of the family as the first and most important upbringing institution, rights and duties of parents and children.

C. Relationship between Jurisprudence and Upbringing:

Jurisprudential rulings often possess deep upbringing dimensions. For example, acts of worship (prayer, fasting, Hajj), in addition to the aspect of submission to divine command, are powerful tools for spiritual and moral upbringing and individual discipline. Family rulings also relate directly to the upbringing of the future generation and shaping their personality.

3. Jurisprudence and Upbringing in Abrahamic Religions

A. Islam:

• Family Jurisprudence:

  • Marriage: Rulings and etiquettes of marriage, rights and responsibilities of spouses, philosophy of marriage in Islam (completion of religion, peace, affection, mercy, continuation of lineage).

  • Children: Rights of children (maintenance, upbringing, education), duties of parents towards children (discipline, religious and moral upbringing, choosing a good name).

  • Child Upbringing: Emphasis on the role of parents as role models, teaching Quran and rulings, nurturing moral virtues (patience, truthfulness, courage), enjoining the good and forbidding the evil in the family.

• Jurisprudence and Individual/Moral Upbringing:

  • Acts of Worship: The role of worship in self-purification, strengthening the will, establishing a connection with God, nurturing virtues (like patience in fasting, heartfelt attention in prayer).

  • Individual Ethics: Rulings related to truthfulness, trustworthiness, avoidance of backbiting and slander, piety (Taqwa), asceticism (Zuhd), gratitude, and patience.

B. Christianity:

• Bible’s View (Old and New Testament) on Family:

  • Marriage: Sanctity of marriage, the unique union of man and woman, duties of spouses (love, mutual respect, fidelity).

  • Children: Children being a blessing, parental responsibility in upbringing and guiding children (emphasis on teaching the Word of God, creating fear of God).

  • Upbringing: Emphasis on discipline, punishment (with caution and based on love), teaching virtues.

• Moral and Upbringing Teachings of Jesus Christ:

  • Moral Teachings: Sermon on the Mount (Beatitudes), emphasis on love for God and neighbor, forgiveness, humility, service.

  • Spiritual Upbringing: Nurturing faith, hope, trust.

C. Judaism:

• Jurisprudence (Halakha) and Family:

  • Marriage: Importance of marriage in Jewish tradition (procreation, forming a holy family), rights and responsibilities of husband and wife.

  • Children: Parents’ duty to teach Torah to children (“And you shall teach them diligently to your children”), raising children in divine paths.

  • Upbringing Program: Emphasis on Torah education, learning a trade, and adherence to religious rituals (Shabbat, Feasts).

• Individual and Moral Upbringing:

  • Moral Virtues: Emphasis on justice, charity (Tzedakah), love for fellow man, respect for parents and elders.

  • Rituals and Worship: Role of daily and weekly rituals in strengthening religious and moral identity.

D. Comparative Comparison (Key Findings):

• Commonalities:

  • Emphasis on the sanctity of the family institution and its fundamental role in upbringing;

  • Parental responsibility in religious, moral education and guiding children;

  • Importance of nurturing moral virtues and avoiding vices;

  • Role of worship and rituals in individual upbringing and strengthening religious identity.

• Distinctions:

  • Comprehensiveness and detailed nature of Islamic jurisprudence: Compared to the Christian approach which focuses more on moral and spiritual aspects;

  • Emphasis on “Halakha” in Judaism: Which encompasses all dimensions of life and places Shari’a as the central axis;

  • Difference in details of family and upbringing rulings: (e.g., regarding divorce, adoption, limits of punishment, etc.);

  • Different theological dimensions: Which affect upbringing approaches (e.g., the concept of Original Sin in Christianity and its effect on the view of upbringing).

Jurisprudence and Upbringing in Abrahamic Religions; Dimensions, Links, and Perspectives

The present research has examined the relationship between jurisprudence and upbringing in three Abrahamic religions (Islam, Christianity, and Judaism) with a comparative and analytical approach. Findings of this study show that despite substantive and minor differences in approaches and legal-moral systems of these religions, there is a common thread in emphasizing the close link between “Law” (in the general sense including rulings and Shari’a) and “Human Nurturing” (Upbringing). This link is not a superficial relationship, but a fundamental element in the ontology, anthropology, and teleology of these religions.

Nature and Scope of Jurisprudence and Law in Abrahamic Religions: Islamic jurisprudence is a comprehensive and deductive knowledge that encompasses all aspects of individual and social life with the aim of guiding humanity towards worldly and otherworldly felicity. Jurisprudential rulings, from pure acts of worship to complex social and family relations, are rooted in revelation and reason and pursue an end beyond mere observance of appearances.

Judaism: The concept of “Halakha” as Jewish Shari’a includes a collection of Torah rulings and oral tradition that regulates all affairs of a Jew’s life, from daily rituals to social and family relationships. Halakha, in its deep meaning, is not only a legal system but a guide for spiritual and moral life.

Christianity: In Christianity, the concept of “Law” faces interpretative complexities. While emphasis on “Grace” and “Love” as main pillars of Jesus Christ’s teachings is prominent, moral teachings of the Bible (both Old and New Testaments) and theological interpretations present specific behavioral and spiritual frameworks that contain law-like and upbringing aspects. The “Law of Christ,” which emphasizes love for God and neighbor, is practically a moral-operational system.

Jurisprudence and Law as Bedrock and Tool of Upbringing: All three Abrahamic religions do not consider their legal and ruling systems merely as a set of dry dos and don’ts, but view them as tools and bedrocks for upbringing and guiding humans towards perfection:

• Upbringing through Discipline and Structure: Jurisprudential and legal rulings, by creating order, discipline, and specific frameworks in life, help nurture will, self-control, and responsibility in the individual. Worship rituals (such as prayer, fasting, and daily prayers), specific supplications, and observance of special rules are prominent examples of this disciplining.

• Moral and Virtue-Based Upbringing: Jurisprudential rulings, directly or indirectly, assist in building the moral personality of believers by promoting moral virtues (such as truthfulness, trustworthiness, justice, forgiveness, humility, patience) and avoiding vices. Emphasis on “Intention” (Niyyat) in Islam, “Love” in Christianity, and “Justice and Charity” (Adl and Ihsan) in Judaism indicates the deep moral dimension of these frameworks.

• Family and Social Upbringing: The family, as the main center of upbringing, enjoys special importance in all three religions. Rulings related to marriage, marital relations, rights and duties of parents and children are all designed in line with creating a healthy and constructive environment for the growth and elevation of family members and society.