Advances in Environmental Biology, 8(10) June 2014, Pages: 1455-1460

AENSI Journals Advances in Environmental Biology ISSN-1995-0756 EISSN-1998-1066

Journal home page: http://www.aensiweb.com/aeb.html

A Description of the Theories of and Scholars Regarding Ijtihad Focusing on the Theories of Muhammad Amin Astarabadi and Vahid Behbahani

Fatemeh Saeidinasab

Department of Agronomy, Yasuj Branch, Islamic Azad University, Yasuj, Iran

ARTICLE INFO ABSTRACT Article history: Background: Ijtihad as a discourse refers to a systematic framework in which the Received 25 June 2014 Shias' life principles are produced and unified. Reaching perfection relies on obedience Received in revised form to God's commands, which relies on understanding those commands. It is the 8 July 2014 responsibility of Jurisprudence to understand God's commands and the jurisprudents' Accepted 10 August May 2014 actions are Ijtihad and other people must obey them (Taqlid). The processes of Ijtihad Available online 30 August 2014 and Taqlid have long history and are traceable to the age of the Holy Prophet. Objective: The Shia scholars have also provided rational arguments to prove the Key words: necessity of Ijtihad and Taqlid. It is common to observe discrepancies in the fatawi of Ijtihad, Usuli, Akhbari, Mahammad the jurists and the present study is an attempt to compare the theories of two Usuli and Amin Astarabadi, Vahid Behbahani Akhbari scholars namely Vahid Behbahani and Muhammad Amin Astrabadi regarding Ijtihad. Muhammad Amin Astarabadi is the most prominent of the . They are referred to as a group drawing upon the holy imams' sunnah in deducting Islamic rules and unlike who refer to four sources of the holy book, sunnah, ijma', and reasoning, they believe that reasoning and ijma are not enough and that many reason- based principles used in Usul-al- for deducting laws are invalid and the only way to achieve Islamic laws is to refer to the holy imam's hadith. Usulis approach reasoning as a source of deduction and believe that in the absence of hadith or a verse regarding a certain issue, the law could be generated through reasoning. On the other hand, Akhbaris believe that reasoning could not be a source of deducting laws; rather, the only source is hadith. Conclusions: The Akhbari's beliefs were about to create major gaps in the Shia Ijtihad, but the resistance of Fuqaha and Usuki scholars and their denfence of the reason-based nature of Usul led to the gradual retreat of Akhbaris, losing its power in the Shia Hawzah. Finally, the Akhbari School was ended by a faqih called Muhammad Baqer Behbahani, known to his students as Vahid Behbahani. The present study introduces and compares views held by both groups.

© 2014 AENSI Publisher All rights reserved. To Cite This Article: Fatemeh Saeidinasab., A Description of the Theories of Akhbari and Usuli Scholars Regarding Ijtihad Focusing on the Theories of Muhammad Amin Astarabadi and Vahid Behbahani. Adv. Environ. Biol., 8(10), 1455-1460, 2014

INTRODUCTION

Does assume any responsibility of providing answers to questions regarding human's life? If the answer to this question is yes, how and in what ways the many, unlimited, variable, and newly emerged questions regarding religion and revelation as constant, limited and timeless entities be answered? A Muslim is required by Islam to act based on Islamic rules in all aspects of life; however, human's life is constantly subject to changes which raise new questions the answers to which are sought from the religion. However, due to the new nature of the issues, the temporal distance with the introduction of Islamic resources, and the generality of the rules, the religion is not capable of clearly responding to these questions [63]. This problem made Muslims try to address it by introducing Fiqh (jurisprudence), which is the method of deducting religious rules [32]. Understanding this challenge required deeper contemplation in the types and purposes of religious rules. Religious rules are decreed by God to bring order to human life. These laws can apply to human deeds, human self, and other things in his life. According to this definition, two groups of laws can be introduced: Taklifi and Wazie. Taklif is a law which is directly related to human behavior and ranges from personal life to worship, family, or social issues and include such rules regarding drinking alcohol, saying prayers, , land revival, and justice, for instance. Taklifi laws are categorized in five groups: obligatory (Wajib), recommended (Mustahab), neutral (Mubah), abominable (Makruh), sinful (Haraam). Humans are free in Mubah laws. Wazie las are those which are not directed toward giving order to human behavior but to bring order to other areas of life. They include such laws as those concerned with marriage, ownership, divorce, ruling, etc. [33].

Corresponding Author: Fatemeh Saeidinasab, Department of Agronomy, Yasuj Branch, Islamic Azad University, Yasuj, Iran. Tel: 00989133809866; E-mail: [email protected] 1456 Fatemeh Saeidinasab, et al, 2014 Advances in Environmental Biology, 8(10) June 2014, Pages: 1455-1460

Significance of Study: In the presence of the holy imams, Shias were unified in all aspects including political Fiqh. After the of the 12th imam, Shias confronted the same problems which Sunnis did after the death of the holy prophet. The only difference was that the prophet had died but the 12th imam was still living in occultation. During minor occultation, communication with him was maintained through his deputies [21]. Generally speaking, a number of scholars believe that all discrepancies among Usuli and Akhbari scholars are rooted in the status of intellect in religion [47]. However, this is so general that it does not help understand the fundamental differences between the two perspectives. Therefore, given the discrepancies among Usulis and Akhbaris, it is essential to study the differences between Vahid Behbahani's ideas and those of Mohammad Amin Astarabadi regarding Ijtihad.

Central Question of the Study: What are the main differences and similarities between Usuli and Akhbari ideas reflected in those of Mohammad Amin Astarabadi and Vahid Behbahani?

Hypotheses: Muhammad Amin Astarabadi and Vahid Behbahani have differing ideas regarding Ijtihad. Usuli and Akhbari perspective regarding Ijtihad are differing.

Purposes of Study: 1- To study Usuli perspectives regarding Ijtihad reflected in Vahid Behbahani's ideas. 2- To study Akhbari perspectives regarding Ijtihad reflected in Muhammad Amin Astarabadi's ideas 3- To study the differences between the perspectives of Muhammad Amin Astarabadi and Vahid Behbahani

Methodology: This is a theoretical study conducted through library research and a thorough examination of the sources available on Fiqh and the laws of Ijtihad.

Ijtihad: The term Ijtihad is derived from (J-H-D) meaning struggle. Other etymologists hold that Ijtihad means excessive strive. As a Fiqhi term, it means struggle to derive reasons for religious laws. On this basis, a mujtahid is someone who is capable of rationalizing religious laws [3]. In Fiqh, it means exerting scientific and intellectual endeavor to derive laws from Quran, Sunnah, reason, and Ijma. In this sense, Ijtihad is a sacred and essential act which is made Wajib (must be performed) by God for a group of Muslims. God says, "not every believer is able to fight for God in wars; therefore, a group of them must travel around to search about God's religion and when they are back warn their people, may they avoid doing evil" (Towbah, 122).

Ijtihad in Quran and Narrations: , Ijtihad is a sacred and essential act which is made Wajib (must be performed) by God for a group of Muslims. God says, "not every believer is able to fight for God in wars; therefore, a group of them must travel around to search about God's religion and when they are back warn their people, may they avoid doing evil" (Towbah, 122). In this verse, as a Wajib Kifai, God requires a group of believers to pursue studying religion to achieve Tafaqoh, which is Ijtihad and to be able to derive divine laws from the Holy Book and Sunnah and together with others follow those laws.

Methodology of Ijtihad: Ijtihad at the time of Imams: There is no consensus over the existence of Ijtihad, as a way of deriving laws from religious texts, at the time of holy imams. Some believe that Ijtihad in this sense did not exist at the time of imams and that it emerged after that time; on the other hand, the Sunnis believe that Ijtihad existed even at the time of the prophet. Others hold that Ijtihad, in the sense of deriving laws from religious texts and in its primitive form exsisted at the time of imams and that they referred the Shias in a given region to the Faqih in that region and this was very common at that time. There are a number of narrations proving this claim: 1- Ibn Edris quotes Hosham-ibn-Salim quoting Imam Sadeq (peace be upon him): we are required to clarify the principles of law and you are required to derive the ancillaries and adapt them to the principles [32]. 2- Imam Baqer (peace be upon him) told Aban Ibn Tqlab, "Sit in Medina's meetings and give Fatwa, indeed I would like to see people of your kind among my Shias (ibid, vol. 19, p. 317).

1457 Fatemeh Saeidinasab, et al, 2014 Advances in Environmental Biology, 8(10) June 2014, Pages: 1455-1460

Introducing Usuli and Akhbari Scholars (Prominent Ones): Usuli Scholars: Shia Usulis are those scholars expert in Fiqh principles [42]. The scholars who are expert in Fiqh principles are referred to as Usulis. The term is used as opposed to Akhbari [52]. One of the most prominent of Usulis is Vahid Behbahani, whom we will introduce in the next section:

Vahid Behbahani: Birth: He was born in Isfahan between 1696 and 1697.

Relationship with Akhbaris: According to his descendant, Ahmad, he was interested in Akhbari School. His student, Vahid, also had a tendency toward the Akhbari School in his early education. Then he moved away from it and favored Ijtihad.

Writing Al-Ijtihad and Al-Akhbar: In 1734, he wrote this book in Behbahan, in an attempt to defend Ijtihad and he criticized the Akhbari School. He gives examples of irrational thoughts expressed by Akhbaris in his discussions with them and condemns the scornful behavior of Akhbaris with religious scholars.

Akhbari Scholars: An Akhbari refers to a person who acts according to the Holy Book and Sunnah but not reason and Ijma. The term is used as opposed to Usuli. In later Fiqhi sources, the term is used to refer to a group of Shia Faqih's who, rather than drawing upon Ijtihad and Usuli principles, follow hadith and narrations in deriving religious laws [32]. An Akhbari follower only acknowledges the imams' Sunnah as a source of reference and even excludes the prophet's Sunnah and Book as unintelligible and without Hujjah, and considers Ijma as an invention of Sunnis. They devaluate reasoning in deriving divine laws and believe that reasoning can be drawn upon only in experimental and sensory matters. They consider many rational sciences such as logic, philosophy, and Islamic Rational Sciences useless. In fact, the Akhbari School and Ijtihad are mutually exclusive. In understanding religious issues, reason and rationalization could not be employed, which means stagnation of Fiqh [65]. In the 13th and 14th centuries, the Akhbari movement became widespread in Shia. Muhammad Amin Astarabadi was a prominent founder of the movement and challenged the USuli thinking. He and his followers supported drawing upon the methods of Ahl al-Bayt in deriving religious laws and banned the use of reasoning in interpreting the Holy Book and Sunnah. They believed that the Usulis abandon the rules of imams and support self-made rules. Muhadeth Bahrani, who is a moderate Akhbari, constantly reproaches Usulis in Al- Hadaeq al-Nadherah for abandoning the imams' rules and turning to rootless ones (Bahrani, 1984. Vol. 8, p. 134).

Muhammad Amin Astarabadi: He was an Akhbari Faqih and Muhaddith born in Astarabad. He immigrated to Mecca and settled there. Initially, he was an Usuli and was permitted to narrate by the Saheb al-Madarek and Saheb al-Ma'alem and Mirza Muhammad Astarabadi, Saheb al-Rejal. He then turned to the Akhbari School and wrote a book called Fawaed al-Madinah, rejecting Usulis. He died in Mecca in 1615. His most significant works include: 1- Al-Fawaed al-Madinah, disapproving Ijtihad and Taqlid. 2- Daneshnameh Shahi, on Kalam. 3- Resalah Fi Taharah Alkhamr va Nejasataha 4- Sharh al-Estensar or Fawaed al-Madaniah, which he did not complete. 5- Resalah Felbada' (encyclopedia of Tashayo', supervised by Ahmad Sadr, 1997).

Ijtihad from an Usuli Point of View Vahid Behbahani: Unlike Astarabadi abd his followers, Vahid believed that inference and Ijtihad, and therefore Fiqh, existed at the time of imams and Usuli scholars expanded and deepened the discussion of Usul. Therefore, Astarabadi has wrongly attributed the introduction of Ijtihad and Fiqh to Ibn Junaid, Ibn Abi Aqil, and then Sheikh Mufid and Allamah Helli [11].

A Comparison of the Two Perspectives Regarding Ijtihad Similarities between Usulis and Akhbaris Sunnah: There is consensus among Shia scholars regarding matters of faith and Kalam such as Towhid (oneness), Imamah (leadership), Nubuwwah (prophethood), Ma'ad (the day of resurrection), the requirements of the religion, and in practical and Fiqhi laws except for those based on reasoning. However, to Akhbaris, only the text of the holy book and sunnah are acceptable as Ijtihad reasons [2]. 1458 Fatemeh Saeidinasab, et al, 2014 Advances in Environmental Biology, 8(10) June 2014, Pages: 1455-1460

Akhbaris reprimand Usulis for the same Ijtihad that they themselves use in inferring laws. Ever since the minor occultation, Usulis have been reproached by Akhbaris for relying on Quran, intellect, and rational practical principles and for deriving laws from these sources. The Akhbaris believe that Fuqaha and Mujtahedin follow Ijtihad and analogy as well as scholars of Kalaam, philosophy, and logic, therefore, for the Akhbaris, only Sunnah and Hadith are to be relied upon since they believe Quran should be relied upon by those who are addressed by it.

Validity of Sunnah: According to Motahari, the validity of the exoteric meanings of Sunnah is undisputable. However, on sunnah, which means the narrations reported on the actions, sayings, or writings of the prophet or an imam, there are two issues to be discussed; one is the validity of single news and the other conflicting news and narrations. On this basis, two important branches have been created in Usul; one is single news and the other is balance and preference [53]. The originality and validity of Sunnah must be rational since the prophet is a human like other humans (say I am a human like you … (Kahf, 110)) and his sayings, actions, and writings can only be a model for others if there are intellectual and religious reasons for it. Technically, the first principle here is lack of validity and its validity requires rationalization. Although the validity of Sunnah, either writing or saying or action, needs to be proved, given the text of Quran, it is not a difficult task and does not involve much controversy. Therefore, the Islamic scholars have accepted it. Anyway, the validity of the prophet's Sunnah has been proved through a number of reasons.

Discrepancies among Usulis and Akhbaris: Here are a number of characteristics of Akhbari thinking: 1- A majority of the verses in Holy Quran are not comprehensible for ordinary people and only the holy imams are able to fully comprehend them. Therefore, relying on verses to infer laws is not appropriate. This theory was later rejected by a number of moderate Akhbaris. 2- All theoretical and practical matters which a human needs to know exist in Ahl al-Bayt's Hadith (Islampedia). 3- Human intellect is not capable of understanding and grasping religious laws and theories. Astrabadi referes to the sayings of imams in excluding analogy and tries to prove that intellect does not have the right to interfere in religious laws. He finally denies the role of intellect in all religious matters [7]. 4- Ijma is a religious reason taken from the Sunnis and cannot be used as the reason for a religious law. If all faqihs have consensus on a law, the law is not valid sonce none of them is Masoom (free of sins), therefore, ijma is nullified (ibid, p.57).

Akhbaris and Validity of Exoteric Meanings of the Book: In Usul al-Fiqh, a majority of the discussions on the Holy Book are common between the Book and Sunnah. The only discussion peculiar to Quran is the validity of the exoteric meanings. Is the appearance of Quran, regardless of having been interpreted by a hadith or not, valid and a faqih can refer to it? [53]. In other words, in analyzing and understanding the content of Quran, the first question that comes up is whether they are basically understandable. Is it possible to contemplate over the content of Quran or the book is only given for the sake of reading or seeking Sawab or consecration rather than for being understood. One might consider this question implausible since nobody doubts that Quran is a book to be understood (ibid, vol. 26, p. 37).

Usuli Responses: In response to Akhbaris, Usulis have argued: 1- Eisegesis, which is prohibited, does not mean that people do not have the right to grasp the message of Quran through their own reasoning; rather it means that Quran is not to be interpreted based on personal ideas and biases (ibid). Moreover, grasping the apparent meaning is not interpreting since interpreting means revealing the underlying idea while the apparent meaning is not latent. Even if grasping is interpreting, it is not Eisegesis since grasping is something that ordinary people do [10]. 2- God introduces Quran as the revealer and clarifier: we dictated it, which expresses everything, to you (Nahl, 89). On the other hand, he commands that people contemplate the elevated meanings of Quran and has reproached those who do not contemplate: do they not contemplate in Quran? Are their hearts sealed? (Muhammad, 24). Therefore, people have the right to ponder upon Quran's verses and grasp the meanings as long as they are capable. 3- It is reported in successive news that the prophet and imams complained about the emergence of fake news and hadiths attributed to them and in order to prevent from this problem, they proposed comparing with Quran. They said that any hadith which is attributed to them should be compared with Quran. If Quran approves it, take it; otherwise, ignore it. 1459 Fatemeh Saeidinasab, et al, 2014 Advances in Environmental Biology, 8(10) June 2014, Pages: 1455-1460

These narrations are the best examples that prove the apparent meaning of Quran is valid. Therefore, contrary to the opinion held by Akhbaris, hadith is not the criteria for the rightness of Quran, rather, the opposite is true [53]. The narrations which encourage the comparison of hadith against Quran prove that before hadith, Quran is the criteria of rightness and wrongness so that hadith is checked against it [18]. 4- Referring to Quran as a source of understanding laws and citing it was common among the followers of the prophet and imams. The history of Islam shows that understanding Quran (either in such laws that intellect could not change it like prayer, fasting, Zakat, and haj, or Taklifi laws such as the prohibited, the disliked, the obligatory, the recommended, the permissible, or such arbitrary laws as correctness, cleanness, and uncleanness (Hashemi Sahroodi, vol. 2, p. 666)) was not restricted to the prophet and his family; rather, all people relied on Quran in various matters.

Akhbarism and Ijma: Akhbaris do not accept Ijma as a source of Fiqh and consider it as a reason for Sunnis. They argue that even if all faqihs have ijma over an issue, that theory is not valid since they are not masson, therefore, the ijma is nullified [7]. The counterargument is that for Shia mujtahids, ijma is valid only when it is taken from the masoom's opinion; otherwise the ijma is ont valid on its own [52]. Like other Akhbaris, Feidh limits the sources of laws to the book and Sunnah. He classifies ijma as valid and invalid and in Wafi he writes on valid ijma: only one form of ijma is recognized by imams and that is when all shias have consensus over a hadith or narration. This is the meaning of correct ijma which involves the saying of masoom and it is the inly ijma which is valid [42]. Regarding invalid ijma he writes: and ijma is not valid since if it has reference, the reference is valid and if it does not, it is not valid and the first people to find this kind of ijma in religion were the Bani Saedah tribe members (ibid, p. 139). REFERENCES

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