Lessons in Islamic Jurisprudence

Used widely by Shi'ite seminaries, and valued by Sunni scholars for its intellectual rigor, Muhammad Baquir as-Sadr's Lessons is a key study of Islamic jurisprudence. Throughout the work the reader is introduced to the active engagement with philosophy and reason which characterizes Shi'i thinking on legal matters.

Translator Roy Mottahedeh is Gurney Professor of History in the Middle East Studies Department at Harvard University, and author of the acclaimed The Mantle of the Prophet. He lives in Brookline, MA.

Preface

viii

Introduction

1

(34)

Characterization of Jurisprudence

A preliminary word

35

(2)

Characterization of jurisprudence

37

(2)

The subject-matter of jurisprudence

39

(1)

The discipline of jurisprudence is the logic of legal understanding

40

(1)

The importance of the discipline of jurisprudence in the practice of derivation

41

(1)

Jurisprudence is to legal understanding as theory is to application

42

(2)

The interaction between legal-understanding thought and jurisprudential thought

44

(2)

The permissibility of the process of deriving divine-legal rulings

46

(8)

Substantiating Arguments

The divine-law ruling and its subdivision

54

(1)

The division of rulings into injunctive and declaratory

55

(1)

Categories of the injunctive ruling

56

(1)

Areas of discussion in the discipline of jurisprudence

57

(1)

Division of the discussion according to types

57

(1)

[Probativity of assurance is] the element common to both types

58

(4)

Type 1: substantiating arguments

62

(1)

Subdivisions of the discussion

63

(56)

The divine-law argument

64

(1)

The Verbal Divine-Law Argument

64

(1)

Introduction

64

(1)

What ``designation'' and ``lexical connection'' are

65

(5)

What is ``use''?

70

(2)

Literal speech and figurative speech

72

(1)

The figurative is sometimes turned into the literal

73

(1)

The classification of language into substantive and relational meanings

73

(2)

The form of the sentence

75

(1)

The complete sentence and the incomplete sentence

76

(1)

The lexical signified and the assentable signified

77

(3)

Declarative and performative sentences

80

(2)

Significations which jurisprudence discusses

82

(1)

The form of the imperative

83

(2)

The prohibitive form of the verb

85

(2)

Absolute expression

87

(1)

Particles of generality

88

(1)

The particle of the conditional

89

(2)

The probativity of the prima-facie meaning

91

(3)

Applications of the principle of the probativity of the prima-facie sense to verbal arguments

94

(2)

The connected and independent context

96

(1)

Establishing the source

97

(3)

The Non-Verbal Divine-Law Argument

100

(3)

Rational arguments: the study of rational connections

103

(2)

Subdivision of the discussion

105

(1)

Connections arising between one ruling and another

105

(1)

The connection between mandatory and prohibited

105

(3)

Does prohibitedness require invalidation?

108

(1)

Connections arising between a ruling and its subject

109

(1)

Promulgation and actuality

109

(2)

The subject of a ruling

111

(1)

Connections between a ruling and its dependent object

112

(1)

Connections arising between a ruling and its necessary preliminaries

113

(3)

Connections within a single ruling

116

(3)

Procedural Principles

Introduction

119

(26)

The fundamental procedural principle

120

(3)

The secondary procedural principle

123

(2)

The principle of the inculpatoriness of non-specific knowledge

125

(2)

The inculpatoriness of non-specific knowledge

127

(3)

The analytical resolution of non-specific knowledge

130

(1)

Occasions of hesitation

130

(2)

The presumption of continuity

132

(1)

The previous condition of certainty

133

(1)

Doubt concerning persistence

134

(2)

Unity of the subject and the presumption of continuity

136

(1)

The Conflict of Arguments

Conflict between substantiating arguments

137

(1)

The case of conflict between two verbal arguments

138

(2)

Other situations of conflict

140

(1)

Conflict between [procedural] principles

141

(2)

Conflict between the two types of argument

143

(2)

Analytical Summary by the Translator

145

(28)

Glossary

173

(22)

Arabic Terms Mentioned in the Glossary

195

(6)

Index

201

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Lessons in Islamic Jurisprudence

Summary

Author Biography

Table of Contents

Supplemental Materials