Islamic Legal Analysis

The position of non-Imami Muslims in Imami jurisprudents` opinion and Kohlberg`s viewpoint

Document Type : Original Article

Author

Hossein Radaei

Assistant Professor, Faculty of Humanities, Shahed University, Tehran, Iran.

Abstract
In Shiite jurisprudence, non-Imami Muslims have the same rules as Shiites in different ways, but according to Dr. Kohlberg, a contemporary Shialogist, the sharia rules concerning the Imami and non-Imami Muslims are different in Imami jurisprudence. The importance of the issue led the author to make a comparative study of his views and the viewpoints of Imami jurists, especially contemporary ones. In this research, based on the analytical-descriptive method, it is obtained that the Dr. Kohlberg only relied on the opinions of some past jurists and in his study, no trace of the fatwas of contemporary jurists can be seen. Secondly, he means non-Imami Muslims, only members of the Nasabi sect, and he has generalized their specific rules to all Muslims. While the issue of Muslim homogeneity in the apparent rulings of Islam is the consensus of Shiite jurists and all of the Muslim sects; but the sect of Nasibi departs from this Muslim commonality in rulings on the basis of text-based allocation. Hence, this scholar`s view is not based on credible Shiite sources.

Highlights

At least, four results can be inferred from the author`s research as follows:

  • The text of the research is not adaptable to the chapter`s topic, because the title includes all the non Imami – Muslims, both of the Sunnis and Nasibis, but the text is mostly connected to a nasibi`s position in Imami fiqh.
  • Since the followers of Nasibiyya insult the household of the prophet (a.s), they are not regarded as the Muslims even by the very Sunnis, however, the author has not mentioned it at all.
  • The author has incompletely attributed the jurisprudential rulings of a nasibi to some ancient Imami scholars which the contemporary Imami jurisprudents have different viewpoints, but the author has not expressed any of them.
  • All the sources of the author for studying a nasibi position in Imami fiqh are nearly ten books which two of them are considered as the jurisprudential sources i.e. jawahir al- kalam and al-tanqih, the rest of them are the books of hadith like al-kafi, thadhib and the like.

Therefore, the sources of the author`s research are invalid and cannot regarded as the reliable and acceptable.

Keywords

jurisprudence
Imamiyya
non-Imamiyya
Nasabi sect
Kohlberg

Article Title Persian

جایگاه مسلمانان غیر امامیه از دیدگاه فقهای امامیه و دیدگاه کولبرگ

Author Persian

حسین ردایی

  1. The Holy Quran

    1. Alusi, Sayyed Mahmoud, (1415), Ruh al-Ma'ani, Beirut: Lebanon, Dar al-Kitab al-Almiyeh.
    2. Ansari, Mortaza, (1415), Book of Purification, Qom: Iran.
    3. Ardabili, Ahmad, (1403), Al-Faida and Al-Burhan Assembly, Qom: Society of Teachers.
    4. Bahrani, Yousef, (1363), Hadayek Al-Nazareh, Qom: Society of Teachers.
    5. Bukhari, (1422), Sahih, research of Mohammad Zahir bin Nasser, 1st floor, Dar al-Tawq al-Najah.
    6. Damascus Hanafi, Ibn Abedin, Muhammad Amin bin Umar bin Abdul Aziz, (1412 AH), in Al-Mukhtar, Beirut: Dar al-Fikr.
    7. Faiz Kashani, Mohammad Mohsen Ibn Shah Morteza, (1406), Wafi, Isfahan: Library of Imam Amir al-Mu'minin Ali (as).
    8. Muhammad ibn Hassan, (1413 AH), Shiite means, Qom: Ahl-Bayt Foundation, for the revival of heritage.
    9. Gharavi Esfahani, Mohammad Hossein, (1409), misplaced: Isfahani commentary on achievements.
    10. Gharavi Tabrizi, Ali, (1370), Al-Tanqih Fi Sharh Al-Arwa Al-Wathqi, Qom: Al-Hadi Publications.
    11. Ibn Asaker, Abu al-Qasim, (1415), History of Damascus, Beirut: Dar al-Fikr.
    12. Ibn Hajar Asqalani, Ahmad Ibn Ali, (1435/2014), The maturity of the ideals from the arguments of the rulings of Dar al-Baqq for publishing and distribution, Riyadh: I 1.
    13. ______, (1968), The maturity of goals from the arguments of the rules of Dar al-Baqq for publishing and distribution, Beirut: Lebanon, Scientific Foundation for Press.
    14. Ibn Hayyan, Muhammad, (1407), Sahih Ibn Hayyan, Beirut: Lebanon, Al-Risalah Institute.
    15. Ibn Idris, Muhammad ibn Mansour ibn Ahmad, (1410), Al-Sarair, Qom: Iran, 2nd edition.
    16. Javadi Amoli, Abdullah, (2013), Referendums, Qom: Institute of Captivity.
    17. Khuyi, (1418), Encyclopedia, Qom: Institute for the Revival of the Works of Imam Khuyi.
    18. Khomeini, Sayyed Ruhollah, '(1420)Al-Rasa'il al-Ashrah, Tehran: Imam Khomeini Heritage Organization.
    19. _____, (2007), Explanation of Mohshi issues, Mashhad: Hatef, 6th
    20. Kohlberg, Ethan, (1985), Non- Imami Muslims in Imami fiqh, Jerusalem Studies in Ararabic and Islam 6, Jerusalem.
    21. Mohaqeq Sabzevari, (Bi Ta), Kefayat al-Islam, Bi Ja: Islamic Publishing Foundation.
    22. Musawi Ardebili, Sayyed Abdolkarim, (1998), Treatise on Clarification of Matters and Rituals, n.p. Decency.
    23. Muhaddith Nouri, Hussein bin Muhammad Taqi, (1408), Mustadrak al-Wasa'il, Beirut: Al-Bayt Foundation for the Revival of Heritage.
    24. Muslim, (1423), Sahih, research by Mohammad Fawad Abdul Baqi, Beirut: Darahiyah Al-Tarath Al-Arabi.
    25. Mustafawi, Sayyid Kazem, (1390), Comparative jurisprudence, Qom: Mustafa Al-Alami Center.
    26. Najafi, Mohammad Hassan, (1393), Jawahar al-Kalam fi Sharh Sharia al-Islam, Qom: Dar al-Kitab al-Islamiya, sixth edition.
    27. Saduq, Mohammad Ibn Ali, (1376), Al-Amali, Qom: Iran
    28. Sayyed Ali, (2014), "Comparative comparison of evidence in Shiite and Sunni jurisprudence" n.p.

     

Islamic Legal Analysis
Volume 1, Issue 1 - Serial Number 1
August 2023
Pages 113-130