Jurisprudence and Sharia from the perspective of the Ismailis (examination of different approaches

Master's thesis in the field of Shiism

Abstract

The science of jurisprudence can be considered as the foundation of every religion. The Ismaili sect, as one of the religious sects with a historical background, has a distinct jurisprudence. The history of Ismaili jurisprudence and Shari'ah and its position among Ismaili theologians and jurists has led the researcher to answer the main question: What was the position of fiqh and Shari'ah in the perspective of Ismailis while analyzing the adherence and non-adherence to fiqh and sharia by Ismailis? In response to this question, the prevailing hypothesis is as follows: The Ismailis, influenced by their beliefs about the Qaim al-Qiyamah, in the eras in which they confirmed the presence of the Imam of the last era, turned their backs on jurisprudence and Sharia and were not committed to it, and when they believed that the period of Qiyaamah had not arrived, they adhered to the Sharia. To test this hypothesis, descriptive, analytical, and information gathering methods have been used in a library-style way and by extracting written sources. The immediate achievement of this research is to clarify the situation of the Ismailis in having or not having the Sharia, so that it can be claimed that the Qaramata did not adhere to the Sharia. According to their beliefs, the Fatimids gave importance to jurisprudence and believed in Sharia law. The Druze had a religious approach, although today they claim to be Sharia-oriented. The Mustalavis and Tayyabs were the continuation of the Fatimids' character in adhering to Sharia. And the Nazarites believed in the Sharia before the doomsday announcement, and after that they became blasphemous and abandoned the Sharia in a way.

Key words: Fiqh, Sharia, Zahir, Batin, Ismailia, Qaramata, Fatimids, Druze, Behras, Nazarians

Introduction

Seven

The science of jurisprudence is one of the most important and broadest sciences among Islamic sciences and knowledge, and it has a constructive role in the lives of Muslims that is more than any other science and technology. In a way, it can be said that Islamic jurisprudence and Islamic law, along with some other Islamic sciences, form the main components of Islamic knowledge and civilization. For this reason, paying attention to jurisprudence as well as the outward Shari'ah is always considered one of the requirements of a Muslim, and a Muslim who pays attention to the inner side of the religion and takes care of its appearance, has observed the religious balance and his religious behavior is acceptable. Due to the importance of the position of jurisprudence and Sharia, a concern was formed in the mind of the researcher of this research to examine and describe the position of this importance in the Ismaili sect, which is one of the Shia sects. Finally, the following work was formed. Although there is room for more research in this field and field studies can also help library research. This dissertation consists of six chapters. In the first chapter, the introduction is discussed, which includes: explanation of the topic, background, goals and necessity, questions and assumptions, research method, definitions of operational concepts (jurisprudence and Sharia, Ismailia) and review and criticism of sources. And at the end, there is a brief look at the history of the Ismailis. In the second chapter, under the title of the approach of the first Ismailis and the Qaramat to the Sharia, topics such as the first Ismailis and the Sharia, the abandonment of the Sharia in the behavior of the Qaramat, and jurisprudence and the Sharia from the perspective of the first thinkers such as Abu Hatem Razi and Sajestani have been discussed. In the third chapter, the study of Fatimid Sharia law is discussed, and titles such as the role of Fatimid caliphs in adherence and non-adherence to Sharia, the role of Qazi Noman in the development and compilation of Ismaili jurisprudence, and Sharia in the thought of Fatimid thinkers such as Hamid al-Din Kermani, Moayed al-Din Shirazi and Naser Khosrow Qabadiani are continued. In the fourth chapter of the Druze, and Sharia; Companionship or separation has been said and the personal circumstances and governance of al-Hakim and Sharia among the Druze have been investigated in the past and today. The fifth chapter about Mustalavi and Tayyab; It is a continuation of the Fatimids' attitude that discussions such as the Yemenite Muslims and the Sharia, the Sharia-based approach of Dawoodi interests and the view of the Suleimani interests towards the Sharia have come. In the sixth chapter, the Nazarites and different eras in the Sharia were examined and the role of Hassan Sabah in adherence and non-adherence to the Sharia, the announcement of the resurrection of Hassan II and the abolition of the Sharia, Jalal al-Din and the return to the Sharia with the reading of the Sunnis and the Sharia from the perspective of the Nazarites after Alamut and the Aga Khans were explored. The list of sources is also the last part of this research.

Problem outline

Jurisprudence is generally considered the infrastructure of any religion or religion and has a special place among Islamic sciences, in such a way that it can be considered one of the main pillars and foundations of Islam, in which obedience has always been emphasized by the Qur'an and the traditions of Ahl al-Bayt, innocence and purity. According to the science of jurisprudence, there is a discussion about the appearance of religion and sharia, and whether Muslims follow jurisprudence and believe in sharia or not? Among the different Islamic sects, Ismailia is the second Shiite sect after Imamia in terms of population, importance and history. When studying the history of the Ismaili sect, a kind of ambivalence can be seen regarding the view of the Ismailis towards jurisprudence and Sharia. This duality, from believing in Sharia and appearance, and on the other hand, paying too much attention to the interior and somehow abandoning the appearance; has appeared The attention and lack of attention that appears due to the way the Ismailis view the Imam of their time. Whenever they had an exaggerated view of him or considered him as the Imam of the end of time (Qa'im al-Qiyamah) and the Day of Resurrection, they turned their backs on the Sharia, and whenever a position beyond the dignity of the Imam was not suitable for him or they believed that the time of the Resurrection and the period of discovery had not yet arrived, they were committed to the Sharia. The Qarmatians who give up the Sharia, the Fatimids who fully believe in the Sharia, the Druze who overreact to a Fatimid imam, the Tayyibs who continue the Fatimid character in the combination between outward and inward, and finally the Nazarites who have gone through different periods of commitment and non-commitment. These dichotomies in believing Sharia and avoiding Sharia make the researcher of Ismaili studies to look for the description of their thought and practice regarding the religious aspect of religion in order to finally arrive at a clear answer and analysis for their questions.

The main question

What was the position of jurisprudence and Sharia among the Ismailis?

sub question

What was the view of the early Ismailis and the Qaramta on the Sharia?

What was the view of the Fatimids on jurisprudence and the Sharia?

What was the relationship of the Druze with the Sharia?

How was the Sharia among the Druze?

What is the relationship between interests and Sharia?

Research necessity and objectives

The Ismaili sect forms a significant part of the Shiite society and throughout the history of Shiism, they have played an important role in the political, social, scientific and cultural developments of the Islamic world, which indicates the necessity of any research in the framework of Ismaili studies in the field of Shiite sects. is This research shows a general view of Ismailis' view, way of thinking and practice regarding jurisprudence and Sharia. Finally, by carefully analyzing and distinguishing between those who abandon the Sharia and those who do it among this sect, it will remove the accusation of blasphemy from all of Ismailia. This research fills one of the gaps in sectarianism among the Shia factions, which can be applied to other Shia sects such as Zaidiyya, Alawites, Ahl al-Haq, etc. He continued.

Research Hypothesis

It seems that the Ismailis and according to their view of the Doomsday period, during the era of Qaim al-Qiyamah or when they exaggerated the rights of their imam, they avoided the Sharia and otherwise adhered to the Sharia.

Research Method

This kind of The fundamental research and method of this historical research is based on description and analysis. In this library research, information has been collected through the collection of ancient written sources, contemporary books and magazines, and information databases.

Scope of research

This research examines the thought and behavior of Ismailis regarding jurisprudence and Sharia from the beginning of its formation during the lifetime of Imam Jafar Sadiq (a.s. 148) until the present day in general, in a way that in future researches, each section of this history and each branch of this sect can be explored separately and in detail with field sources. In this research, the topic is limited in such a way that only the most important groups and followers of the Ismaili sect and their most prominent thoughts and behaviors have been addressed.