The classical theory in Shiite jurisprudence and its contemporary develop : from the standpoint of the comparison with Sunnite jurisprudence

シーア派法学における古典ジハード論とその現代的展開 : スンナ派法学との比較の視点から

The classical theory in Shiite jurisprudence and its contemporary develop : from the standpoint of the comparison with Sunnite jurisprudence

Creators Nakata Hassan Ko

The purpose of this paper is to clarify the world view of 'self and others' held by the Sunnis and the Shias by comparing prescriptions for Jihad in Shia and Sunni jurisprudence in order to understand the origins of a conflict which might arise between them. What is argued in this article is summarized as follows. (1) Both the Sunni and the Shia Muslims approve of each other mutually as members of the same 'Muslim' community. (2) The Shias consider rebels against the Imam to be unbelievers by defining this as 'those who fight against the Infallible Imam', but generally speaking they are treated with tolerance as they are released after being neutralized by being defeated and brought under control, and they are considered as possible to coexist with. (3) The rules for rebels in Shia jurisprudence had been void and ineffectual for a long time in the age of the absence of the Imam, but since the establishment of the theory of the sovereignty of the jurist (wila^^-yah faqi^^-h) and the formation of the Islamic Republic of Iran, they have been revived in a new form by substituting the concept of 'rebellion against the Jurist as the unspecific deputy of the Imam' and 'rebellion against the legitimate Islamic government' for the original 'rebellion against the Imam'. In addition, in Islamic Republic of Iran, the jurist has come to have the authority to declare an initiative jihad, an authority that used to be solely the prerogative of the Imam in traditional Shia jurisprudence. (4) The range of the infidels with whom coexistence in ”the Abode of Islam” differs in Sunni jurisprudence according to the different schools, but the opinion that there is a possibility for coexistence with all infidels is gaining influence. On the other hand, Shia classical jurisprudence has admitted only the People of the Book, but Ayatollah Fadlullah of Lebanon has presented a new view that the acceptance of all infidels depending on the situation is possible.

[ISSN]0919-357X

[NCID]AN10403441