Shiite Jurisprudence; between Textualist Tradition and Rationalist Justice: A Case Study of Criminal Judgements, Womenâs Judgements

Mohammad Soltani Renani

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Chapter 2 Shiite Jurisprudence; between Textualist Tradition and Rationalist Justice: A Case Study of Criminal Judgements, Womenâs Judgements

In: Research in the Social Scientific Study of Religion, Volume 32

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Mohammad Soltani Renani

Mohammad Soltani Renani
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Type:: Chapter

Pages:: 20â48

DOI:: https://doi.org/10.1163/9789004505315_003

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Abstract

Shiite jurisprudence is secured upon the text of the Quran, prophetic tradition, and the ideas of the jurists. On the other hand, Shiite theology insists on the principle of divine justice. According to this principle, what is considered ugly and oppressive by reason, God will not do it. This basis is the very foundation of the Shiite dogmas, but it is lesser recognized in jurisprudential judgments. The study of the criminal judgments concerning the prisoner, the fighting rebel, the apostate, and the thief as well as the jurisprudential opinions regarding women in the domains of marriage, divorce, child custody, and testimony leads to the conclusion that the majority of the Shiite jurists have preferred the holy scripture and the ideas of the past jurists over the rationalist thought. This action has led to the emergence of an inconsistency between the rationalist Shiite beliefs and the textualist jurisprudence. Leaving the sacred text behind and administration of justice in jurisprudential judgments will bring about many difficulties in the community of believers and their relations with jurisprudence.

This duality between the intellect-driven justice and text-based jurisprudence has not remained exclusive in the distant past rather it is observed more vividly and more effectively with the emergence of the religion-oriented political parties amongst the Shiites and the power takeover by the religious governments, especially when the legal texts, for from personal statuses to international relations, are codified based on the jurisprudential texts. In addition, undoubtedly, such regulations that are drawn on the traditional jurisprudence would be determinative in the lives of millions of human beings.

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Research in the Social Scientific Study of Religion, Volume 32

Lesser Heard Voices in Studies of Religion

Series:Â Research in the Social Scientific Study of Religion, Volume: 32

Cover Research in the Social Scientific Study of Religion, Volume 32

E-Book ISBN:: 9789004505315

Publisher:: Brill

Print Publication Date:: 12 Apr 2022

Subjects
- Religious Studies
- Social Sciences
  - Religion & Society

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Special section 1 Religion or Belief in Higher Education

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Special section 2 Cultural Blindness in Psychology

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Special section 3 Religious Authority in Practice in Contemporary Evangelical, Charismatic and Pentecostal Christianity

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Chapter 2 Shiite Jurisprudence; between Textualist Tradition and Rationalist Justice: A Case Study of Criminal Judgements, Womenâs Judgements

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Research in the Social Scientific Study of Religion, Volume 32

Lesser Heard Voices in Studies of Religion

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Chapter 2 Shiite Jurisprudence; between Textualist Tradition and Rationalist Justice: A Case Study of Criminal Judgements, Womenâs Judgements