Qom – According to the information center of the Research Institute of Contemporary Jurisprudence Studies, the 285th scientific session of this research institute, titled “Jurisprudence of Resistance with Emphasis on the Perspective of the Martyred Imam,” addressed jurisprudential challenges in confronting contemporary threats. In this session, the scientific secretary, Dr. Abdul-Wahhab Farati, faculty member at the Research Institute for Islamic Culture and Thought, stated the main issue as the necessity for the “Jurisprudence of Resistance” to transition from a purely military framework to a cultural and educational approach. Citing the statements of the Martyred Leader, he emphasized that resistance is not merely armed defense, but a national spirit and lifestyle of a nation that jurisprudence must institutionalize; a challenge that compels traditional jurisprudence to reconsider in the face of soft wars and cultural infiltration.
Dr. Farati, honoring the memory of the martyred leader of the Revolution, introduced the harmonization of jurisprudence with resistance as the main axis of the session. Highlighting the proposal of Hujjat al-Islam wal-Muslimeen Dr. Mohsen Mohajernia, he posed the central question from his perspective as follows: “Should Islamic jurisprudence strictly rule on armed resistance, or can it institutionalize the spirit of resistance or culture of resistance as a lifestyle in society?”
Dr. Farati then elucidated Hujjat al-Islam wal-Muslimeen Mohajernia’s hypothesis regarding fundamental changes in jurisprudence if resistance is considered cultural: “Jurisprudence must change from a ‘Jurisprudence of Action’ (Fiqh al-Fi’l) to a ‘Jurisprudence of Attribute’ (Fiqh al-Sifat), present deduction rules from ‘Jurisprudence of Jihad’ (Fiqh al-Jihad) to ‘Jurisprudence of the Good Life’ (Fiqh al-Hayat al-Tayyibah), and ultimately consider the discussion of ‘time and place’ in the jurisprudence of resistance.” According to the scientific secretary, these changes steer jurisprudence from specific practical rulings toward cultivating resistive attributes and rulings of a pure, dynamic life, rooted in the Leader’s perspective—a perspective that views resistance beyond military jihad as a prelude to cultural invitation (da’wat).
In the main presentation section, Hujjat al-Islam wal-Muslimeen Dr. Mohsen Mohajernia, member of the Department of the Jurisprudence of Politics and International Relations at the Research Institute of Contemporary Jurisprudence Studies, while appreciating the session organizers and explaining the background of proposing the topic, emphasized a modern cultural approach. Citing the political literature of Martyr Ayatollah Khamenei, he described resistance primarily as “the spirit of a nation” (cultural), stating: “The Leader himself has raised the most discussion regarding resistance as the spirit of a nation. When we say the spirit of a nation, it means cultural.”
Dr. Mohajernia identified the challenge of contemporary jurisprudence as the absence of serious examination of resistance as a “cultural matter,” noting: “Resistance, as its name suggests, is initially in the military category and considered a military matter. If raised in governance and placed within the framework of governmental programs, it transforms into a political matter. However, as a cultural matter, although it has received attention, serious discussion in this domain has not been observed.”
According to Hujjat al-Islam wal-Muslimeen Mohajernia, traditional jurisprudential instances such as jihad and defense transform into a gradual process in a cultural approach. In this regard, he stated: “In our traditional jurisprudence, in the discussion of jihad, the category of ‘invitation’ (da’wat) precedes jihad. Many jurists state that in jihad, particularly primary jihad (jihad-e ibtida’i), if there is no invitation, that jihad is contrary to Sharia. Invitation must definitely take place first, followed by military and hardware action entering the field. That is, there too, the category of culture comes first.”
Hujjat al-Islam Dr. Mohsen Mohajernia articulated key indicators of the culture of resistance based on the Leader’s perspective, emphasizing its human, spiritual, and acquired aspects. Considering resistance as an organizing factor of society and its “soul,” he added: “Recent works such as Ayatollah Araki’s discussion on the ‘Jurisprudence of Culture’ are promising, but there is a need for a deeper examination of the Leader’s perspective to deduce dynamic rulings.”
The member of the Department of the Jurisprudence of Politics and International Relations at the Research Institute of Contemporary Jurisprudence Studies recalled that Martyr Ayatollah Khamenei (may Allah have mercy on him) shifted jurisprudence from determining practical rulings toward cultivating the spirit and attribute of resistance, emphasizing four key perspectives: subject identification, social life, time and place, and the educational aspect. This approach, rooted in the Leader’s expressions of resistance as a “national spirit,” transforms jurisprudence into an instrument for human cultivation and society-building.
Continuing, he elaborated on these four perspectives:
Perspective One: Subject Identification: Hujjat al-Islam wal-Muslimeen Mohajernia stated that the Martyred Leader shifted jurisprudence from the “action of resistance” (such as fighting or standing on the battlefield) to “jurisprudence of spirit” and “jurisprudence of attribute,” emphasizing: “In jurisprudence of resistance as culture, we are no longer dealing with ‘jurisprudence of action’ (fiqh al-fi’l), but with ‘jurisprudence of spirit’ (fiqh al-ruhiyyah) and ‘jurisprudence of attribute’ (fiqh al-sifat).”
Perspective Two: Social Life or “Jurisprudence of the Good Life” (Fiqh al-Hayat al-Tayyibah): Resistance was described as a prelude to creating an ideal society. Dr. Mohajernia added: “This has roots in the Islamic Revolution and the Martyred Leader’s view raised in his literature, and regarding the Islamic Revolution it has been stated that the nation’s resistance is for creating a good life (hayat tayyibah), for creating virtues, spirituality, and human attributes in society.”
Perspective Three: Time and Place: This category, taking into account the dynamism of jurisprudence and its integration with culture as a social and socio-existential matter, acquires an intimate connection with the discussion of time and place.
Perspective Four: Educational Aspect: The member of the Department of the Jurisprudence of Politics and International Relations redefined resistance based on the objectives of Sharia (Maqasid al-Shari’ah): “Resistance as an educational matter. Culture, education, ethics, and these matters are intertwined. One level of jurisprudential and juristic discussion is attending to ‘the objectives of Sharia’ (Maqasid al-Shari’ah)… Sharia’s objective pursued the revival of humanity, human dignity, establishing justice and equity, and the like.”
He emphasized that this approach, without departing from traditional jurisprudence, shifts from a hardware mode to a software mode: “The approach converts from hardware to software.” He concluded his presentation by inviting serious work in this domain.
Continuing the session, Dr. Sadeq Haqiqat, member of the Department of the Jurisprudence of Politics and International Relations at the Research Institute of Contemporary Jurisprudence Studies, addressed the critique of the presented material. Dr. Haqiqat’s critique regarding the necessity of “jurisprudentializing” the presented topics and ensuring the issues are specific and controversial added new dimensions to the discussion. Emphasizing ambiguity in subject identification and departure from the realm of jurisprudence into moral and educational domains, he requested clarifying presuppositions and limiting the discussion. Dr. Haqiqat stated: “Although the title of the discussion is the jurisprudence of resistance, a modification has been performed on the word resistance, and instead, a type of cultural discussion has been raised that in a way pertains to national spirit, identity, and in other words, social life and lifestyle model. Therefore, it is a new idea, and if it is merely proposing an idea that possesses logic, it is valuable.”
He further added: “From a research methodology perspective, we must first specify the subject completely. Is the discussion purely an identity and cultural discussion, or a broader discussion encompassing both military issues (meaning primary jihad and the like) and cultural discussions? Therefore, both the subject you raised is not clear and is general.”
Dr. Sadeq Haqiqat, emphasizing the separation of jurisprudential, moral, and cultural domains, recalled the necessity of returning to traditional foundations alongside a new look at newly emerging issues. Citing Ayatollah Mutahhari’s interpretation of Allamah Tabataba’i, he raised the issue of “defending monotheism in primary jihad,” stating: “Defending monotheism means that even if no one has attacked us, merely because the opposing side is disbelieving, we can attack them. My point is that even in the jurisprudence of resistance in its military sense, dozens of issues exist and the scope of the problem becomes vast, meaning the discussion becomes very general.” Emphasizing that the topic must be specific and controversial, he added: “The issue must be specified, meaning a controversial issue. If we say our objective is that people possess a good spirit, well, who disagrees with this?… Therefore, the issue does not become specified.”
At the conclusion, expressing gratitude, Dr. Haqiqat emphasized the necessity of reflecting on topic selection and jurisprudentializing it, criticizing the non-jurisprudential nature of the discussion.
Subsequently, Hujjat al-Islam wal-Muslimeen Khadem al-Zakerin, referring to the book Mi’raj al-Sa’adah, added: “Those are mainly subjects of the science of ethics… Therefore, as stated, the jurisprudential aspect in this presentation appears somewhat faint, requiring further examination and research.”
Continuing the session, the question and answer segment was held, and Dr. Mohsen Mohajernia answered questions from the attendees.
In conclusion, Dr. Farati, summarizing the session, characterized it as a precious opportunity to enrich contemporary jurisprudence and respond to the identity and social needs of society in light of authentic Islamic perspectives, particularly inspired by the thoughts of Martyr Ayatollah Khamenei.