Safawritings of Seminary Students

Safawritings of Seminary Students

Identification

• Main Author: Nikoonam, Mohammadreza (1327–)
• Title: Safawritings of Seminary Students / Mohammadreza Nikoonam.
• Publisher: Islamshahr: Sobh Farda Publications, 1392.
• Physical Description: 141 pages; 21 x 14 cm.
• Series Title: Works Collection; 148.
• ISBN: 978-600-6435-74-9
• Cataloguing Status: FAPA
• Note: The English translation on the back cover reads: Serene Writings of Seminarians.
• Subject: Clergy – Iran – Professional Ethics
• Subject: Shi’a – Iran – Clergy – Professional Ethics
• Library of Congress Classification: BP254.7/N8S7 1392
• Dewey Classification: 297.656
• National Bibliography Number: 2991469

Preface

The terms “Alim” (Scholar), “Akhund” (Cleric), “Mullah,” “Talabeh” (Seminary Student), and “Ruhani” (Clergy) all represent a profound, well-established, and influential reality within Iranian society. In every society and among its people, such individuals, with unique characteristics and ideologies, can be found. For example, in Christian communities, they are referred to as “Priests” or “Fathers.”

The purpose of this work is to explore the attributes, duties, obligations, and prohibitions of the Shiite clergy in Iran. The Shiite clergy and scholars trace their origins to the infallible Imams (Peace Be Upon Them). The very essence of their existence is rooted in the culture and teachings of the Imams, and their ultimate goal is to gain knowledge of the faith and safeguard its continuation through the rightful path of religion and leadership. It is within this framework that we assert that seminaries are the bearers of the culture of Ahl al-Bayt (Peace Be Upon Them).

However, just as the Imams (Peace Be Upon Them) faced isolation during their time, this sense of estrangement has also been passed down to the clergy. In fact, there is no occupation or profession in the world more isolated than that of a seminary student. The purity and dedication required to enter this field are uniquely high, and this sense of estrangement is, in turn, a sign of the particular attention and care that the Imam of the Time (May Allah hasten His reappearance) extends to the seminaries. The seminaries, devoid of worldly materialism, offer a space where individuals do not lose themselves in the distractions of the world. They are, in a sense, segments of heaven, nourished by the waters of the Holy River of Kawthar.

The human beings within these seminaries are divinely pure, living in sincerity, brotherhood, and unity, their spirits untainted by adversity. Even though tribulations may weigh upon them, their resilience remains, and they rise again with purity, simplicity, and harmony. Occasionally, the unity of some of them may provoke envy in others, but the true scholars remain unshaken by these external challenges, maintaining their relationship with God through their actions. In this way, God, in His eternal magnificence, says, “The Best of Creators” when He gazes upon them with pride.

This book, Safawritings, seeks to reflect this purity of thought and life within the seminaries. As discussed earlier, one of the defining characteristics of seminaries is their combination of both purity and isolation. Despite the rich legacy of the seminaries, encompassing a broad range of knowledge in natural sciences, metaphysical philosophy, psychology, and other disciplines, they remain a subject of neglect and isolation.

The unique purity and spiritual essence of the seminaries is unparalleled anywhere in the world. Likewise, the isolation experienced by seminarians and religious scholars is unmatched in any other profession or community. It is my hope that this book helps to reveal the legacy bearers of the wisdom of Imam Ali (Peace Be Upon Him) and their companions, alleviating some of the neglect that has clouded their recognition. I also wish for it to serve as guidance for young seminarians who enter this field with unique purity and spiritual sincerity, and who, through their work, earn the honour of serving Imam al-Zamana (May Allah hasten His reappearance).

Among the scholars and clergy, there are occasionally individuals who are undeniably true heirs to the divine wisdom, descending from the lineage of the Prophets. However, not all members of the clergy embody this ideal. Some may fall into worldly distractions, and these individuals are what we refer to in this book as “Akhund” – a specific term in this work.

In reading this book and others by the author, it is essential to distinguish between two types of clergy: the Talabeh (seminary student) and the Akhund. This distinction is critical in terms of both their essence and their attributes. The life of a seminary student closely resembles that of the Prophets. If the Prophets were to return, both they and the seminarians would learn from one another. Seminarians learn from the life of the Prophets, embracing their simplicity and the hardship of their existence. However, Akhunds, who are often detached from spiritual and intellectual development, contrast with seminarians in their approach to life, often concerned with personal comfort and material pursuits.

It is important to note that any criticisms in this book, or the “Safawritings,” are directed exclusively at the “Akhunds” who deviate from the true spiritual path. The critiques are not aimed at the seminarians, the hard-working and revered scholars, or the genuine, sincere members of the clergy, whose footsteps we honour.

Additionally, it is important to understand that the challenges faced by the clergy are not inherent in them. These issues stem from the long-standing history of oppression, secrecy (taqiyyah), suffering, poverty, and challenges they have endured at the hands of their enemies. The clergy have been the primary target of tyrannical regimes throughout history. The emotional and spiritual challenges faced by many of them arise from the need to endure these trials for the sake of God. These struggles should not be mistaken as weaknesses, but as tests that require strength, patience, and a deep commitment to their faith.

For instance, the pressures from external forces, especially tyrannical regimes, have sometimes caused some clergy to lose their once-free spirits. This is not a fault inherent to them, but rather a consequence of the years of pressure and hardship they have endured. Just like a car that struggles to climb a steep hill while carrying too many passengers, the clergy, burdened by the weight of these challenges, may show signs of wear and tear. However, the true scholars of the seminary are descended from the finest of families and have endured immense hardship to attain knowledge and religious insight.

In conclusion, it must be emphasized that the clergy of today, as in the past, have always faced challenges, but their ultimate purpose remains rooted in sincerity, devotion, and the quest for spiritual and intellectual growth. The issues discussed in this book, including those faced by the clergy, are not self-inflicted but stem from the centuries of hardship imposed upon them by external forces.

Safa-Note 8

I consider His Eminence Ayatollah Khoei to be one of the brightest figures of jurisprudence in this era, and I have a particular regard for his books and viewpoints; although I do not regard his legal, doctrinal, or narrational views as entirely accurate or correct, and I believe that there are numerous critiques to be made of his work in this area.

He is one of the best expositors of the books and perspectives of the Five Great Jurists in Usul (Principles of Islamic jurisprudence). It seems improbable that a scholar would not refer to his works or utilise his writings and fail to recognise his intellectual greatness. However, his scholarly innovations and new contributions are minimal, and the most accurate phrase to describe his position is “the commentator of the Five Authorities.”

I regard him as one of the few figures in this age who is worthy of emulation and leadership in jurisprudence, and he did not engage in pretension or undue efforts in claiming the title of a religious authority. Although I do not consider his political stance, social interactions, or private management of religious seminary affairs to be particularly notable, I have no objections to his capability and integrity.

Safa-Note 9

Seminaries will approach progress when they separate from “bread,” “reward,” and “disorder,” and instead focus on “knowledge” and “piety.” The seminary scholars must be supported without depending on anyone’s hand or authority. Research and teaching should not be based on money or allowances. “Reward” must also be removed from religious seminaries. One should not claim to be studying for the sake of God and reward; such a mindset leads to laziness and disorganisation. Someone who works for a few coins in a factory, desert, or sweatshop does not boast of serving God and His Messenger as some scholars do. One should either refrain from entering the clergy or, if they choose this path, work tirelessly day and night. The third aspect to be removed from seminaries is “disorder.” We must work like others. Some people begin their work at 3 AM—if you go out at this hour, you’ll find bakers, butchers, and street cleaners at work. Yet, some scholars do not even recognise the passage of time. Idleness and laxity must be removed from the life of a student, and they should feel bound to study and research.

Two things should be brought into seminaries: knowledge and piety.

Safa-Note 10

It was His Eminence Amir al-Mu’minin (the Commander of the Faithful), Ali (AS), who initiated the formulation of the principles and rules of Arabic literature. His speeches are rich in literary expressions. However, books such as Al-Mughni and Al-Suyuti, which are from the Sunni tradition, have filled the seminaries, and few are familiar with the literature of the Imams (AS). This dominance of Sunni literature is supported by Sunni governments that promoted such works, providing resources for scholars to elevate each other’s status. Their financial and printing resources helped introduce their literature. In contrast, modern-day Sunni scholars sometimes engage in undermining each other rather than criticising with scholarly intent, often engaging in political struggles that tarnish the true academic pursuit.

Safa-Note 11

The literary tradition of seminaries today has generally been shaped and founded by Sunni scholars. Although they have shown significant intellectual growth, they have unfortunately imposed many theological and moral corruptions within their literary works. Meanwhile, the Shia community, with its rich and independent thoughts and beliefs, should be capable of fully expressing its own culture in literature and the arts. Regrettably, this has not been the case. Shia scholars have not written comprehensive literary or educational works based on Shia thought, nor have they critiqued the corruptions in the literature. However, with texts such as Sahifa Sajjadiya, Nahj al-Balagha, and other narrations, as well as the Quran, Shia scholars could have easily produced valuable literary works and critiqued the deficiencies in existing ones.

Our seminaries are independent in jurisprudence and principles; although, on some principles, they have occasionally followed others. However, in literature and mysticism, despite possessing rich content, they remain dependent on Sunni scholars.

Safa-Note 12

The prophets and divine guardians did not seek to create schools where people merely gather to listen to their words, disconnected from the society and realities around them. Rather, they were deeply engaged with the people, thinking and speaking for them, and never distanced themselves from the community. They would address each issue in the context of understanding it and would provide judgements based on that understanding.

Safa-Note 13

There are three broad aspects that must be observed in seminaries: the social relations of the students, rational matters, and the preparation of students for engagement in divine and metaphysical affairs.

Safa-Note 14

Some individuals benefit from reading, while others from writing; yet another may serve both the self and the religion by neither reading, writing, nor speaking.

Safa-Note 15

Everyone is deceived by something, and for scholars, it is by knowledge. Even though the friends of God possess knowledge, they are not deceived.

Safa-Note 16

A physician should never lose hope in a patient and regard them as dead, let alone give orders for their death. A physician who considers their patient dead or kills them is a murderer, not a doctor. This principle applies equally to religious, ethical, and social matters. A scholar who causes someone to lose hope and condemns them for a sin, completely disregarding their humanity, is ignorant, not a scholar.

It is not the case that bad people are entirely bad in all aspects. One cannot destroy a person’s worth simply because they have acted wrongly in one regard.

Safa-Note 17

Religious seminaries in the past have indeed had an inconsistent relationship with politics, but in terms of religion and science, they have been in complete harmony. What the seminaries suffer from, however, is the lack of an effective effort to promote their knowledge, even after the Islamic Revolution. The work done in this field lacks a comprehensive strategy or structure. Another key factor is the absence of obligation and commitment in preaching and guiding religious matters. Seminaries have not actively engaged in this area and can be held accountable. Additionally, seminaries have been weak in developing theories. The main challenge for theorists is fanaticism, dogmatism, and the absence of a free intellectual space for theory formation. Fanaticism is the greatest obstacle to systematic and scientific innovation, and the excuses often given in this regard are unbalanced. With the scientific and popular support they have, seminaries can utilise their limited resources better and especially engage in more effective promotion of their teachings.

Safa-Note 18

Religious scholars during the era of occultation hold a lofty position, and many narrations praise them. One of the most important of these narrations is one from Imam Hassan al-Askari (AS), in which it is stated that rejecting the jurists with the required qualifications is like rejecting the Imam (AS) himself. This narration explains the position of religious scholars, and we have elaborated on it in the book Al-Khilafah wa al-Hukuma. Anyone who denies or rejects qualified religious scholars is in the same position as someone who rejects the Ahl al-Bayt (AS). Thus, the narration does not imply that rejecting a scholar’s fatwa or statement is equivalent to rejecting the Ahl al-Bayt (AS), especially when the individual doing so has valid evidence and is a just mujtahid. However, rejection by an ignorant or malicious person is condemnable. Criticism of a jurist’s fatwa by another jurist does not bring either deficiency or virtue, as the fatwa is not inherently “truthful” nor is it the personal opinion of the jurist to the point where it could be called virtuous or deficient.

Safa-Note 19

Among all types of smoke, despite the evils associated with it, the best is the smoke from the hookah. It has both a crown and a stomach, it shouts, has water, fire, and sighs, and where there should be pain, there is smoke rising from it. This alone is a riddle that, when understood, can lead to guidance.

Safa-Note 20

Although many Shia scholars are diligent, researchers, and prolific, most of their work tends to be more of a compilation rather than deep cultural inquiry. Moreover, there is a lack of completion in most academic efforts. Additionally, many writings simply repeat what has already been said.

Some scholars define perfection in a way that reality cannot reflect.

(35)

It is of little consequence, for a complete individual is one who knows everything and embodies both theoretical and practical knowledge. However, such an individual, in the present era where knowledge has grown exponentially, becomes a mere collector of knowledge, not a complete being, and is far from achieving perfection unless they possess bestowed, not acquired, knowledge.

Safanousht 21

Some clergymen are at a very rudimentary and limited level of knowledge, and they can be considered as intellectually deficient, possessing little scientific content. Such individuals, who are mostly engaged in propaganda, should not be regarded as representatives of the religious seminaries. Instead, they should be contrasted with figures like Allameh Tabatabai (may Allah have mercy on him). However, this remark should not cause distress, as it is written to preserve the dignity of true scholars and religious figures.

Safanousht 22

A religious scholar must be connected to the people. The relationship of a religious scholar to the people is like that of a fish to water; when a scholar is disconnected from the people, they lose their value and position, losing their “people’s status.”

(36)

Safanousht 23

Many have become scholars and jurists and written books, but possessing the Qur’an or writing a commentary on Nahj al-Balagha, or composing a Divan of Hafez is not what these discussions are about. After the right conditions are created, one must be prepared for greater endeavours.

Safanousht 24

Is there a jurist in existence, or not? This matter is very clear and can be felt strongly. The human quest to find oneself is a natural inclination, and it serves as a clear proof of this reality.

Safanousht 25

Rigidity, harshness, and the inability to listen to the words and thoughts of others, coupled with an inability to hear others, result in individuals who are trapped by dogmatism and rigidity. Such people might think that everything they know is the truth, even if they are confronted with all their mistakes and deviations.

Safanousht 26

The simplicity of some clergymen is quite abundant. Their virtues are not bad, though they are not at the highest level. They often speak much, but in practice, not all of them adhere to what they preach. Of course, some clergymen are much more than what they say. These individuals are few in number. There have always been notable, worthy, diligent, and research-oriented individuals among them, but this small group has often been entangled by the rigidity of other, larger groups. The hardworking individuals among them have laboured, while others have taken credit for their work, at best, obstructing their efforts. These industrious individuals, however, did not pay heed to such people.

Setting aside the virtuous scholars of the past, it is not harmful to rely on the outward appearance of others, though it is wise to keep a certain distance. Even so, for the good scholars, dying or sacrificing themselves is the least of their deeds.

This group often becomes preoccupied with words, forgetting the meaning behind them. Many become attached to words, but fewer are those who understand the meaning; especially as we move farther from the source, this phenomenon becomes more evident.

Safanousht 27

A Sheikh said to a dervish: “Dervish, take care of your drinking vessel.” The dervish replied: “You first take care of your bread container, and then I will take care of mine.”

(37)

Safanousht 28

There is intense struggle in the production of knowledge, and rigidity and superficiality have always dominated it. So much so that the virtuous individuals of this path have always either been in a difficult position or have made their own path difficult.

Safanousht 29

The seminaries need a system for the removal of extraneous content from academic works, a process through which the unnecessary embellishments in the texts can be removed. Which editor possesses the ability to rid books of such content, so that the new and emerging sciences, which are gathering dust in these books, can be presented to the world in a reorganised form? This task would allow other fields of knowledge to aid the advancement of seminary education; otherwise, the seminary and its sciences will fall into stagnation.

Safanousht 30

If the books of seminarian scholars, without any cleansing of excess content, are placed on global networks, they will not be accepted by the wider audience, even if they contain the best wisdom. Knowledge progresses on the basis of timely dissemination, and religious scholars face so many adversaries that, like flies, they focus solely on highlighting the erroneous scientific statements, amplifying them, and preventing others from accessing the correct teachings in these books. The result is that the global interest in the Iranian Revolution and Islam fades. Therefore, it is imperative for religious scholars, who are the heralds of Islam, to reform the outdated and flawed content of books published within the Islamic sphere, and then present them to the world in a modern, contemporary manner, so that everyone can benefit, and Islam can achieve its true elevation in the world.

For instance, since governance has not been in the hands of Shia, the subject of Wilayat al-Faqih (Guardianship of the Jurist) was not revisited by past scholars. The works of figures such as al-Shaikh al-Jawahir and al-Shaikh al-Masaalik, whose arguments are based on narrations and logical principles, must be reassessed to match the external circumstances, then re-presented to the world. In general, it is not necessary for all books and sections of jurisprudence to be accessible on the internet; instead, a group of contemporary jurists should collaborate to create a structured and coherent presentation of Shia jurisprudence, offering a well-founded and cohesive text to the world regarding Islamic law.

(38)

Safanousht 31

Religious seminaries must have such a robust administrative system that it can monitor their financial activities, specifying both the input and output, so that the real-time statistics of these finances can be viewed on a website.

Safanousht 32

If someone were to ascend to heaven, they should remain a servant of God, and if someone is not a jurist, they should follow a scholar. One who pursues the truth of the Shari’ah must obey the scholar of the path. Of course, the path must also be rooted in the true realities of existence, just as no one can entirely deny this and claim, “If there is a truth in this realm, we ourselves declare it, and we do not need the experts of truth.” Scholarly interaction has always been maintained between the people of Shari’ah and the people of truth. In the past, scholars used to learn different branches of knowledge from each other, and even a scholar like the late Kamyani, despite his advanced age, wished there was someone to teach him “Asfar.”

Safanousht 33

Ijtihad is an inner matter. Initially, the individual themselves must recognise whether they have reached the level of Ijtihad. A jurist is like someone who composes poetry. It is not necessary for them to be told, “You are a poet, and you can write poetry.” Poetry is like a wellspring that flows and manifests naturally. No certificate is required to prove one’s ability to compose poetry. Similarly, in the seminary, someone does not become a jurist simply because others approve them. They must understand within themselves whether they are a jurist. The approval of others only grants political legitimacy and authority. If others confirm one’s Ijtihad and universities issue related certificates, but the person does not possess the ability to infer and depends on others for understanding, they cannot consider themselves a jurist and must follow a scholar, just as in the case of determining the harmfulness of fasting, the individual’s own judgement is crucial, not a doctor’s. This applies to many other matters as well. A person does not become a driver merely by obtaining a driving licence; they must have extensive experience over time before they are truly capable of driving.

If a mystic, lover, or even a jurist tells another person that they are a jurist, and that person is certain or uncertain that they do not possess the qualities of Ijtihad, they cannot consider themselves a jurist. Once they recognise these qualities within themselves, they are no longer allowed to follow others.

Safanousht 34

Not everyone is qualified to approve or reject someone’s Ijtihad, as the matter of Ijtihad is a specialised field requiring specific knowledge. Just as an unqualified person should not comment on the work of a tailor, those who are not versed in Ijtihad have no right to comment. Only if one is proficient in both fields, for instance, if someone is both a builder and a tailor, can their opinion be regarded as knowledgeable and rational. Similarly, in the matter of Ijtihad, those who are unaware of the long history of scholarly work and the detailed discussions of jurisprudence have no right to issue fatwas. Islamic scholars and jurists have meticulously studied the history of jurisprudence and have contributed to its development over time. Anyone wishing to challenge or add to this knowledge must first study the entire body of jurisprudence, and this is only possible after spending years under the guidance of an experienced jurist.

(39)

49.
A scholar should utilize financial resources in a manner that aligns with the fatwas of any of the jurists, whether the funds reach the jurist directly or not. The assertion that the funds must reach the jurist is not scientifically valid. The claim that if the money is handed to the jurist, they will be able to use it more effectively is also not entirely correct. Jurists, by virtue of their expertise, are better able than followers to determine the appropriate use of these funds. However, the proper allocation of such substantial sums of money is a task that requires an organized system, and the current approach results in mismanagement and waste rather than proper expenditure.

In reality, scientific matters should be separated from financial matters, so each can be addressed appropriately. Scientific discussions serve a legal purpose, and a jurist is akin to a legislator. Financial matters, however, have an executive nature and require a distinct organizational structure, although financial laws ultimately refer back to the jurist’s fatwa.

Large-scale financial issues cannot be resolved by a group of ordinary individuals; they require experienced administrative staff. The jurist who receives such a large sum must have the capability to allocate it appropriately, otherwise, it is not right to accept it.

50.
Funds should not be wasted on unnecessary expenditures or costs that are inappropriate for such revered resources attributed to Imam Mahdi (may Allah hasten his return). There should not be cases where large sums of money are spent in corners while essential needs remain unmet without anyone taking responsibility or addressing the situation.

There is another risk associated with financial resources that needs safeguarding: they should not be misappropriated by corrupt individuals. The collection of these funds should be protected from such exploitation. If such misuse occurs, a disordered and unjust system may emerge, especially when intermediaries, such as brokers—many of whom are unqualified—pocket large sums and dilute the funds with unnecessary expenditures. This practice, apart from fostering a culture of servitude, represents an improper way of collecting and utilizing the funds.

51.
There is a psychological principle stating that humans are inherently selfish and unwilling to acknowledge their own faults. As a result, a person often presents a belief they hold as a law without seeking external opinions. This is akin to a capitalist writing laws for the economy, where the rights of workers are not considered, as the capitalist has not experienced the struggles of the worker. It is also similar to an iron merchant designing a building plan without truly understanding the structural integrity, as they are focused on sales rather than the buyer’s needs. Similarly, jurists might establish fatwas based on their own interests, without considering whether their assumptions align with the real needs of the community or are purely driven by academic principles.

52.
From this principle, we can understand that some individuals who are reluctant to update their knowledge of financial issues and current technologies are not exempt from the evolving situation. Their personal interests are closely tied to these matters, which influences their views and actions. This personal stake significantly impacts their approach to the issue.

53.
A student of religious sciences should possess a high level of understanding and awareness of general trends and social dynamics. They must know how someone becomes a jurist and how a jurist is introduced to the community. They should be familiar with the system of selecting a Supreme Leader and the details of elections for parliamentary representatives or the president. It is essential for a student to understand why certain classes are crowded while others remain empty. All of these factors contribute to a broader understanding of the intellectual and social landscape.

54.
Scholars must think ahead and plan for the future, anticipating changes and trends. For example, they should predict new models for youth fashion, hairstyles, and public appearance. They should also be able to envision simple models based on the divine principles in the Qur’an. Further, they should develop strategies for identifying and confronting global enemies. Why shouldn’t new plans, based on scientific and practical considerations, be proposed to bring the world under the banner of Islam? Our youth should look to us for inspiration, rather than the West. The fact that we are not leading in this regard indicates our weakness.

55.
A religious scholar should be well-versed in all matters and know how to arrange them in the best possible way. There is no need for the executive branch to be a scholar, but a scholar must recognize false idols to purify those who are inclined toward worldly pursuits. This is particularly important because internal reform is more effective than external reform. Internal reform is like an explosion from within, whereas external reform is akin to striking a ball with a hammer, which results in more upward motion upon impact. The scholar’s focus should be on understanding the essence and inner workings of people and things, rather than simply adhering to outward appearances.

56.
In politics, some people consciously and loudly support certain political views, while others are unaware and unable to engage in debates with their political allies. The first group, which has fully embraced politics, will go to great lengths to push their agenda. However, they lack proper understanding and awareness of society, which causes problems in their political analyses.

57.
Today, there is a disconnection between the teachings of the Imams (peace be upon them) and society. Scholars must engage directly with both intellectual circles and the general public, listening to critiques and questions from those who challenge religious teachings. Religious knowledge is a dynamic process that must respond to complex societal issues, and passive attitudes or inaction in the face of these challenges would amount to neglect.

58.
Religious scholars must be fluent in the language of the world and possess up-to-date knowledge. They should not only rely on outdated interpretations of religious texts without considering contemporary contexts. While it is true that we must adhere to religious texts, the laws they contain must be understood in light of reason and modern scientific understanding. If scholars are unaware of the intellectual criteria in the Qur’an and Hadith, how can they claim to be knowledgeable? If knowledge were only about memorizing superficial laws, then people with less formal education could easily match them.

59.
Religious seminaries do not require thousands of scholars in existing fields, but there is an urgent need for the reform of textbooks and the creation of new sciences. Scholars should be trained to contribute to various fields, including literature and other disciplines, and to write modern, up-to-date textbooks. Not everyone needs to become a jurist in fiqh and usul (principles of jurisprudence). Only then can we expect growth and progress in seminaries, as the current traditional focus on fiqh and usul alone does not meet society’s needs.

60.
Mental health issues can be both contagious and non-contagious. In terms of ethics, one of the most contagious issues among students is excessive politeness and flattery, which lacks rationality. Such behavior holds no place in reason; rational people act according to the reality of a situation.

Safanowt 61
A clergyman should not hastily or prematurely consider himself as a successor of the prophets; rather, he must define his position within society. If scholars are indeed the heirs of the prophets, then they must, like the prophets of old, be ready to sacrifice everything for their cause, as prophets like Lot and Noah (peace be upon them) did.

Unfortunately, some individuals in today’s world have become specialists in other fields. One may say, “I practice medicine and earn money,” another might say, “I am a preacher and earn money,” and yet another may claim, “I recite the sayings of the prophets and earn money,” with no regard for what the Prophet Muhammad (peace be upon him) did. They simply sell what they have learned. If the role of a clergyman reaches this point, he is no longer a true clergyman but rather a merchant of religion, creating theological problems for society. He will have to answer for the commercialization of religion and the corruption of people’s faith in the Hereafter.

Safanowt 62
In his youth, Ayatollah Khomeini, with his book Kashf al-Asrar, brought down Kasravi, and now he is no longer spoken of. In relation to the works of intellectuals or dissidents, a religious scholar should make an effort to critically engage with their ideas and consign their names to oblivion. If they are discredited academically, these individuals will no longer claim to possess knowledge. After all, a hotter furnace will eventually cool, leading them into oblivion. This is essential, as we have prominent philosophers like Mulla Sadra, whose depth of knowledge in philosophy far surpasses the West’s understanding, which is at the kindergarten level in comparison. Figures like Soroush, who relay Western philosophers through intermediaries, offer shallow insights. Strong evidence must be provided to show that these writings are not meant to be taken as a preparation for other objectives.

Safanowt 63
According to the records available from the three main management centres of the seminary, the number of seminarians is reported to exceed two hundred thousand. In the city of Qom, there are approximately thirty-five thousand students, with some studying foundational courses and others engaged in advanced studies of jurisprudence and principles. However, it must be said that the number of scholars and researchers is extremely low.

When students first arrive in Qom, they endure the hardships of studying for ijtihad, but still, the number of graduates who attain ijtihad remains small. This is because the current system of the seminary is unable to nurture scholars, and unfortunately, this grand and expansive institution has stagnated.

What portion of the humanities do these students represent? Can one truly understand “Qal al-Sadiq” (the saying of Imam Sadiq) without constructing a coherent framework in one’s mind and without prior assumptions from the field of knowledge? Can the religion be understood without the application of contemporary sciences? If religion is articulated by specialists using the language of modern science, such as a physician deriving medical principles from the Qur’an and presenting them to the people, will it be understood and embraced, or not? Why have jurists closed their eyes to the various branches of knowledge that can be derived from the Qur’an? Why do seminarians refrain from working in diverse scientific fields and the foundations of ijtihad? Even though, if you were to examine the heart of any seminarian, it would proclaim “Waḥdahu lā sharīka lahu” (There is no god but He) and make claims of ijtihad!

Safanowt 64
Islamic texts include highly advanced concepts in explaining and analysing the nature of existence. The best textbook on this subject is Tawhid al-Mufaddal, narrated by Imam Sadiq (peace be upon him); however, scholars have done little work on this text, despite the necessity of directly engaging with the scientific narrations of Imam Sadiq and other imams.

Safanowt 65
The heirs of the prophets are free from worldly affairs and do not engage in vile acts. For scholars who claim to be the heirs of the prophets, it is reprehensible to indulge in worldly pleasures such as hookah smoking, cigarettes, shisha, multiple marriages, or similar matters.

While polygamy was once a custom and people were inclined towards it, it has now become a societal issue, and unless there is clear guidance on this matter, its implementation could lead to harm. Even if a conclusion is reached regarding this practice, it should not be enacted at the expense of the dignity of the scholarly community, such as the clergy.

Safanowt 66
The language of religious edicts (Fatwas) is no longer suitable for the educated and informed public of today. They are written in the simplest language, addressing the most basic members of society, even though the intended audience consists of the educated and scholarly public. We have addressed the deficiencies of these edicts in the introduction to our own fatwa.

Safanowt 67
A scholar’s soul must be vast, free from any minor irritation, and it should not be corrupted easily. It must be purified and polished, so that even a gentle touch does not defile it. If someone insults them, they should not retaliate with anger or harsh words. Otherwise, both parties are lost in the madness of emotions. A scholar who becomes defiled by a minor slight will never achieve their potential. A scholar must maintain composure; their wisdom should outweigh any desire for retaliation. Knowledge encompasses both attraction and repulsion, and those with true insight maintain a calm and balanced approach. Acquiring such wisdom requires proximity to those who are spiritually complete. Knowledge is greater than action; refraining from sin is important, but understanding sin and being able to identify it is even more critical. At times, the precautionary approach might even be a form of error in itself. For instance, Imam Ali (peace be upon him) once humbled himself, crawling on all fours to offer a ride to an orphan, whereas at another time, he was unapproachable, and no one dared to speak to him. At times, the power of his words was more lethal than his sword.

Safanowt 68
A fundamental principle that has been forgotten in the seminaries is the concept of the “master-student” relationship. I firmly believe, based on personal experience, that if someone finds a good teacher, even if they only read a newspaper in their presence, they will benefit more than someone who reads the heaviest theological texts or even the Qur’an without a capable teacher.

Today, many people in the seminary believe that knowledge resides solely in books, and they dedicate their lives to these texts. While reading books is indeed necessary, books should not be considered the ultimate source of knowledge. If one finds a skilled teacher, they should regard their teacher’s guidance as invaluable and realize that true healing lies within it.

Safanowt 69
At present, there is a focus on quantitative rather than qualitative work in the seminaries. Books are corrected and published in large numbers, but little is done in terms of content quality. The role of books has become more aesthetic and polished, but the ability to differentiate between meaningful knowledge and mere superficiality is lacking, and it is often difficult to distinguish between genuine teachings and practices rooted in dissimulation (taqiyya) or misconceptions.

Safanowt 70
In criticism, one must be open-minded yet respectful. Mulla Sadra, for instance, initially adhered to the concept of the “essential nature” of beings, following his teacher Mir Damad. Later, he realized that “existence” rather than “essence” holds true primacy. He expressed his gratitude, saying that God had guided him out of error. One might interpret his words as disrespectful to Mir Damad, but in reality, he was merely expressing his own intellectual journey, always respecting his teacher and presenting his insights without any intention to disrespect.

Page 88

It is like what is read in textbooks. Currently, seminarians (students of religious seminary) do not study; rather, they listen to lessons and study the night before exams to take the test. In the past, it was said that if you don’t study for one day, you are deprived of knowledge and will not learn anything. However, today, because the seminarians have learned the fundamentals, they are progressing, especially as sciences have become smoother with advancements in computers and educational software.

Page 89

A tailor, in their profession, when they put down the needle, has nothing left and becomes idle. A seminarian is similar in that as soon as they put down their book, they are idle; unlike a cleric who is always a cleric, even when drinking tea with sugar. A cleric can engage in business even while walking, just as they do during prayer. This is how a cleric behaves, but not a seminarian. A seminarian, as soon as they leave their study room, wastes time.

Page 90

One of the disadvantages of universities, particularly in the humanities, which are currently infiltrating religious seminary courses, is that they merely collect opinions and repeat what someone else has said. They quote translations or teachings, but there is no independent interpretation or scholarly research, which fails to provide the student with an independent identity to conduct their own research and offer opinions.

Page 91

Our religious rituals should not be used to deceive our intellect. Prayer, mosques, husseiniyahs (places for mourning ceremonies), eulogies, and clerics should not be used in a way that harms rational thinking. Unfortunately, many rituals are used for worldly gains and play a major role in leading people toward backwardness. This role has become so extensive and baseless that begging and asceticism have even become a form of leadership, and the intellectual and cultural sectors have very little influence on ordinary people, who mostly cling to outdated traditions. This has led to the phenomenon where beggars earn more than engineers, eulogists receive more respect than scholars, and their world is far more prosperous. People also benefit more from these individuals and eulogists than from educated and scholarly clerics, experts in various fields, or real teachers and mentors. A beard and a robe are more useful than a ton of knowledge, a prayer rug is more profitable than a shop, and a prayer niche might have more profit than a company—and their respect, well, that’s another story!

Our religious, national, and traditional rituals, despite their true grandeur, have had the opposite effect in our society and have become an agent of cultural and intellectual destruction. A tyrant might take control of a part of society with the least value in leadership and, with the help of followers like themselves, destroy any healthy foundation and, with sheer arrogance, create and remove anything new and right.

The expenses and resources used in these symbolic fields could solve the public’s problems and create healthy environments.

The clergy, who should be at the forefront of cultural development and produce the best intellectuals, have deviated from their true purpose and have become entangled in such matters. Only a few hardworking and suppressed individuals still pursue true academic paths, and that’s it. What is seen in the clergy among the people, claiming to represent the people, are from the weakest class of clerics, who often have little resemblance to their rank, possessing only a superficial appearance that won’t even last long. They eventually turn into eulogists or indulge in a life of pleasure.

They take on the role of guiding and leading the people, but beyond their inaction, they bring about destruction and accumulate large profits while placing the people in a state of stagnation and regression. A group blindly follows their ignorance, while many others, having become disillusioned with the truth, abandon total obedience to them.

These issues have caused religion to lose its vitality, and faith has decayed. Devout, informed believers are increasingly rare, and as a result, religious rituals have negative and dull effects, and committed believers are reduced to the most ignorant and uneducated segments of society. Those who claim knowledge and believe they are familiar with civilization and culture grow increasingly resentful of the clergy and turn to irreligion or indifference toward religion. Many even call themselves enemies of religion and distance themselves from all religious symbols.

It is fitting for the clergy—the best representatives of knowledge and sincerity during the period of occultation—to realign themselves with their true purpose and distance themselves from the corruption present. They should genuinely embrace freedom and independence, which are core to Shia culture, and embody the legacy of the Imams, who left the title “Ask me!” to their followers. They should distance themselves from individualistic pursuits and focus on authentic qualities, making knowledge and purity tangible within their community. Materialistic and devilish pursuits should not guide them; they should prioritize leadership and appoint those who are truly worthy to the role, maintaining spirituality over wealth and power.

The roots of independence, knowledge, and purity that the Shia clergy can possess will never be matched by any other religious intellectual group during the period of occultation. However, these qualities must be appreciated within their relative scope, as such lofty aspirations cannot be realized during this time. The events of history and people’s desires prevent such qualities from reaching their highest level. Self-righteous, elitist, and reactionary groups prevent the true path from being followed. The hope here is that regression and ignorance be slightly reduced among them, and that the clergy become more familiar with human sciences, beliefs, world languages, and the traditions of the people.

Page 92

A researcher is someone who, in their method of inquiry and investigation, always keeps the evidence at the forefront and bases their claims on proof; they do not search for evidence to justify preconceived notions, as this would only be ignorance and personal bias, closing off any true investigation.

Few scholars truly follow the first method in all aspects, remaining entirely dependent on reason and proof in their beliefs. Some researchers claim to follow this scholarly approach and have had some success in doing so, while others are constantly trapped by their internal biases, shackling their faith, understanding, and research in a world of prejudice, loudly defending themselves through various means and appeals.

Page 93

The correct approach to the world and life is never compatible with the lifestyle of our scholars. No matter which direction they move in, something is always left behind.

Formal and repetitive knowledge only leads to the destruction of one’s life, yielding no practical benefit except for acquiring abstract concepts. This is the ultimate goal of such knowledge. Those who follow this path are stranded, while those without the aptitude for such knowledge remain lost. The good people who have sacrificed themselves on this path can only find solace in the mercy of God.

Part 108

A unique collection called “‘Ilal al-Shara’i” has been compiled. In fact, this book is not by Shaykh Saduq, but rather it is Imam Ja’far al-Sadiq (peace be upon him) who formulated it. When a person understands, with open eyes and clear thought, why an action is bad, they will not pursue evils. Pure obedience alone cannot tame the intellect of a person whose mind wanders and whose reins are held by imagination. It is important to note that explaining a cause requires a standard or a valid proof or an undistorted Shari’ah, or conclusive perception, so that the truth is comprehended. One must avoid whispers, deceit, and assumptions.

Part 109

Sometimes a question arises about the wisdom behind the prohibition of breastfeeding and the prohibition based on it. When a child is from another man’s sperm, how can breastfeeding lead to a state of forbidden kinship? The answer is that all kinships stem from the sperm; whether directly in the child or indirectly in the foster child who is the intermediary offspring. The child suckles the milk of a woman, and this milk is the result of her pregnancy. Without pregnancy, no milk would be produced by any woman. A woman’s pregnancy is a consequence of the sperm of a man, and pregnancy cannot occur without male sperm. The sperm, therefore, is the cause of pregnancy, and the milk is a result of this pregnancy.

When a foster child consumes the full milk of a woman, they essentially take part of her genetic material and grow from it, just as a child grows from the sperm of its biological parents. A foster child, therefore, can be considered a child of the man whose sperm caused the pregnancy, with all the legal and religious consequences of this kinship.

Part 110

A jurist, as he judges based on appearances, can take his work to be assured, even if there is no philosophical reasoning behind it. What is assured in this context is the type of confidence, and if a principle or understanding of an issue calls for such confidence, the verdict or judgment must be based on this confidence, even if no explicit proof is available or contradictory evidence exists. If there is a principle supporting a ruling, but there is a strong confidence that this principle does not apply in a given context, one must act according to that confidence. When faith and certainty in the legal context are prioritised, many of the methods and fatwas (juridical rulings) are questioned, leading to doubts about their validity.

Many fatwas are based on a particular set of appearances or rules, with little regard for the underlying rationale of the issue, and some jurists’ rulings are formed without thorough examination of the subject matter, with many fatwas being based on historical transmission rather than a full understanding of the context, such as the reason for the ruling or its temporal context.

Part 111

When something is overlooked in jurisprudence, it is forgiven only in the superficial domain of jurisprudential methods, where, if the jurist has made a sincere effort and is unsure of the proof, his superficial ruling may help others. In such cases, no one expects a final ruling from them, provided they have not been negligent in their research.

This raises many questions about various types of jurisprudence, as many fatwas are formed with minimal inquiry, and while these fatwas lack a solid foundation, they may still bear legal consequences.

The difference between rational and traditional approaches lies in the nature of the ruling. In legal rulings, the believer is only bound by outward forms of submission, with assumptions often sufficient for such submission. However, in spiritual matters, the objective is to grasp reality itself, not to follow appearances. In spiritual practice, even mistakes are forgiven, as the goal is compliance in all circumstances, unlike in spiritual matters where only the truth matters.

Part 112

The term “symbolic” is misleading. The reality is that not all truths are immediately apparent, and only a few laws, whether celestial or terrestrial, are brought into execution. Whether the realm is religious or secular, many things remain unexecuted or misunderstood. For example, consider the role of imitation (taqlid) in legal matters: if imitation occurs in cases of necessity, it can have value, especially in situations where one cannot determine the correct ruling without the aid of a jurist.

For instance, not everyone can become a jurist. Therefore, people must follow the guidance of knowledgeable jurists. The religious community follows this practice, but the matter of imitation involves many detailed and complex issues that often do not have an immediate practical application.

The question of whether a jurist should be the most knowledgeable in foundational sciences, be upright in character, and free from worldly distractions, often remains unanswered, particularly when determining who the most qualified jurist is. Even when qualifications are known, they may not be achievable in practice, and many jurists who claim superiority fail to live up to these high standards.

Part 113

In times of occultation (ghaybah), Shi’ites have no recourse other than to engage in ijtihad (jurisprudential reasoning), and following a jurist is permissible as a form of “eating carrion” (i.e., a necessity). This situation arises because of the absence of an infallible Imam.

Part 114

There is no discussion about the validity of following the most knowledgeable (a’lam) in any discipline or field. The issue is twofold: firstly, does the divine law require this level of intellectual rigor, or is it not essential? Secondly, is it feasible to follow the most knowledgeable person in the current social context?

On the first point, the sacred law does not demand such rigorous intellectual precision for following someone in religious matters. There is no definitive proof requiring it. Instead, the law allows for following multiple jurists, even without prioritising one as the most knowledgeable. In historical practice, this was common: people were guided by the jurists most trusted within their locality, without concern for their relative levels of expertise.

Part 115

Following a jurist does not equate to following their physical existence, but rather their intellect and reasoning. Therefore, following a deceased jurist is not inherently problematic, unless there is a living jurist who is more knowledgeable.

The idea that earlier generations were more knowledgeable and competent than later ones is an error. In reality, contemporary scholars have access to more complete knowledge, including critical reviews of past scholars’ work. While past scholars had the advantage of less distraction and greater opportunity for study, contemporary scholars have the benefit of new methods and resources to advance knowledge.

Although the passage of time has brought some limitations, it has also allowed a few rare individuals to rise above these obstacles and contribute significantly to research and scholarly pursuits.

Part 116

Following a jurist who is not the most knowledgeable is not inherently problematic. There is no rational prohibition against this. Historically, many scholars who were significant intellectuals did not reach the rank of religious authority, while others who were less scholarly gained prominence due to their public popularity or connections.

Part 117

Revolutionary leaders must maximise their use of the time and expertise of accomplished scholars. The country can only be reformed through knowledge and action. Key figures in society should not be individuals who are less learned in their field.

Part 118

If there is a need for migration from Qom (the theological centre), the authorities should not look for outstanding jurists and students in knowledge. Instead, the focus should be on older scholars who no longer have the capacity for teaching or research. The knowledge of Qom should not be depleted, as this would have long-term detrimental effects on its academic standing.

Part 119

Shi’ite jurisprudence, although the most advanced, still faces many unresolved issues and remains unclear in several areas. It is naïve to think that our jurists have settled all issues. One of the primary flaws of Shi’ite jurisprudence is the failure to recognise the importance of subject matter identification. This has led to a significant gap in the understanding and development of key legal categories.

Part 120

In jurisprudence, attention must be given to the fact that God has not created anything that is purely harmful without any benefit. Even poison and waste can have beneficial effects depending on the context.

Part 121

If a jurist is weak in foundational disciplines like philosophy, logic, or the principles of jurisprudence, they cannot be considered a proper jurist. A jurist must have knowledge of these fields to make accurate legal rulings, as these tools allow one to identify the subject matter of legal cases. Without such knowledge, their rulings are unreliable.

This explains why some jurists’ fatwas change over time. This shift is not due to a change in God’s law but because the subject matter has evolved. It is the subject matter that changes, and the ruling is based on the new subject’s context. For instance, the permissibility of certain fish, like the “Ozon-berun” fish, was once prohibited but is now allowed because its true nature was not understood before.

Part 122

Part 122

The role of the jurist is to ensure that their rulings align with the spirit of Islamic law, which remains flexible and adaptable to new contexts. Jurisprudence evolves as new societal circumstances arise, and the jurist must be able to adjust their rulings accordingly. This flexibility is crucial in ensuring that Islamic law remains relevant in the modern world.

Part 123

One of the key components of Islamic jurisprudence is the recognition of the importance of ethics and moral conduct. Jurisprudence is not merely a matter of legal rulings, but also involves the cultivation of a morally upright society. A jurist must not only be knowledgeable but must also embody the ethical principles of Islam in their personal and professional conduct. The ethical dimension of jurisprudence is what distinguishes it from mere legalism and makes it a tool for social transformation.

Part 124

In understanding the application of Islamic law, it is essential to consider the historical and cultural context of its practice. The laws were revealed in a specific historical setting and have been interpreted and applied in various cultural and geographical contexts. A jurist’s role, therefore, is not simply to apply these laws in a mechanical manner but to understand their deeper meanings and adapt them to the needs of contemporary society.

Part 125

The importance of critical reasoning in Islamic jurisprudence cannot be overstated. Jurisprudence is not a static discipline, but one that requires continuous intellectual engagement. A jurist must be capable of independent reasoning and must not simply follow the opinions of previous scholars without question. The ability to critically assess and reinterpret past rulings is essential in ensuring that Islamic law remains dynamic and responsive to the changing needs of society.

Part 126

In order to maintain the integrity of Islamic law, it is essential that jurists engage with other branches of knowledge, such as philosophy, logic, and the sciences. The integration of these disciplines with Islamic jurisprudence enriches the understanding of both fields and helps to produce a more comprehensive and nuanced approach to legal issues. Jurisprudence must not exist in isolation but should be informed by and contribute to other areas of knowledge.

Part 127

The relationship between the jurist and the community is also a key aspect of Islamic law. A jurist must not only issue rulings but also engage with the community to educate them about the law and its applications. The jurist has a responsibility to guide the community in both religious and social matters. This requires not only intellectual competence but also empathy and an understanding of the practical realities faced by the community.

Part 128

One of the challenges faced by Islamic jurisprudence is the question of its applicability in modern times. Many of the rulings in traditional jurisprudence were based on the social and political realities of earlier periods, which have changed dramatically. As a result, there is a need to reconsider and re-interpret some of these rulings in light of contemporary circumstances. This process of re-interpretation must be done carefully and thoughtfully to ensure that the essence of Islamic law is preserved.

Part 129

In conclusion, Islamic jurisprudence is a living tradition that requires ongoing engagement, critical thinking, and adaptation. Jurisprudence is not merely about applying old rulings to new situations; it is about understanding the underlying principles of Islamic law and applying them in a way that addresses the needs of contemporary society. The role of the jurist is crucial in this process, and their ability to adapt and engage with the community is essential to the continued relevance of Islamic law in the modern world.

Page 128

When our jurists picked up their pens, they aimed to write comprehensive treatises on jurisprudence, which often spanned several books and hundreds of issues, sometimes taking years to complete. However, in the present scientific and experimental world, research must be conducted with evidence and certainty. We are not in the position of the infallible (peace be upon them) to have books on everything. Issues should be studied in detail and case by case. In today’s scientific world, for a small issue, a scholar might be sent into the jungle or desert for three years (or more) to thoroughly investigate it, and the work could lead to outcomes, even at the cost of the scholar’s life. However, at least their effort and findings are valuable. But sometimes, we sit and issue rulings with words like “the most precautionary,” “the most prudent,” or “perhaps,” introducing uncertainty into the matters of life. Yet, such research cannot manage governance and religion. Research must be applied to an issue and conducted thoroughly, examining the practical outcomes and its psychological and sociological effects so that the research stands out from its peers and can be implemented and executed wisely.

Page 129

God forbid a person should fall into the trap of idle self-proclaimed scholars, for escaping from such a trap is harder than any other, and it can prevent a person from their work and life, leaving them helpless.

Page 130

Just as we speak of Ashura and Arbaeen, and people tear their chests for these days, which is highly worthy, we must also allow for days where people can enjoy themselves within the boundaries of religious teachings and, through lawful pleasures, create balance within themselves to prevent falling into laziness, exhaustion, stagnation, and depression.

Page 131

Some of the problems we see today in the country are because an ordinary scholar thinks of himself as a jurist and a university professor considers himself a mujtahid. This leads to the loss and harm of expert opinions. Some people, after reading a few books, believe they are experts in a particular field. For example, sometimes an engineer or a doctor goes to the pulpit, or a singer practices medicine, and a cleric, without understanding the intricacies of the human soul, speaks about psychiatry and psychology.

Page 132

In the past, if street thugs or professional knife fighters fought with each other, even if dozens of women, children, and elders were among them, no one would get hurt because they knew how to fight properly and professionally. But when a knife or sharp object is in the hands of an inexperienced and unqualified person, everyone must step aside, for they wield it recklessly and harm anyone in their way, or throw it in a way that causes severe cuts. In some religious discussions, too, debates are handled by unqualified individuals, and as a result, the faith has been distorted and overwhelmed by errors and embellishments.

Page 133

In legal rulings, fame and consensus, or relying on the opinions of others—no matter how prominent they are—amount to imitation. A jurist is someone who can independently refer to the proofs of the Quran and Hadith, scrutinize them, and present their own well-founded opinion, whether it agrees with consensus or not. Every fatwa must be connected to the sources of the Quran and Hadith; otherwise, it is like stagnant water with no foundation and no connection to a valid source.

Page 134

One must not become angry during a discussion, even if someone denies something self-evident. Instead of showing anger, which is a sign of ignorance, one must present the clear reality and ask the person to reconsider. Maintaining calmness in discussions is necessary, not only in academic matters but in all aspects of life.

Page 135

The social stagnation faced by Shia Muslims due to the oppression from Sunni rulers and the Umayyad and Abbasid caliphates led the thoughts of jurists to become somewhat isolated. As a result, in deriving legal rulings, they often restricted their considerations to the localities of their neighborhoods, towns, or villages, and not beyond. This is a perspective that should now consider over one billion Muslims and seven billion non-Muslims globally. For example, when the author of Jawahir al-Kalam (al-Najafi) wished to return to his home but couldn’t carry all his books, he wrote the Jawahir al-Kalam as a shorthand version of his teachings. While we have done little work and merely relied on the writings of such great scholars, this book became the main textbook for advanced studies. However, for the author, it was merely a summary, full of flaws in wording and meaning. Although the book was edited and corrected, and later became a source of fatwa, it was originally written with a limited focus and was applicable only in that specific context. Nonetheless, these rulings have become a standard reference.

Page 136

Society should not distance itself between liberalism and piety. True social health and piety are found within the framework of liberalism; otherwise, strictness, narrow-mindedness, and despotism only add hypocrisy and deceit.

Page 137

Precautionary measures, which seek the most certain outcome, fail when they introduce doubt. Islamic punishments should only be applied when there is no doubt. These laws, despite their grandness and correctness, can also serve as the strongest protection for the oppressor, the tyrant, and the transgressor. Acts of violence and murder don’t always require witnesses; when such acts are carried out secretly, they can escape punishment under these laws.

Every tyrant, murderer, knife-wielding thug, and transgressor can use these laws, with their inherent doubts or the presumption of innocence, to evade punishment and escape justice. Criminals will always attempt to destroy the evidence of their crimes, leaving no hope of proving their guilt. A criminal might steal and claim innocence, kill and deny it, or strike and deny the act, creating a doubt that allows them to escape. When the victim is wounded and the assailant flees, the law is paralyzed by a mere doubt.

This section continues to reflect on how justice and punishment in the legal system can sometimes be manipulated or insufficiently enforced due to legal loopholes and lack of evidence. The emphasis is placed on ensuring that the value of human life is upheld above material or trivial concerns, and that Islamic law should not be misused by the powerful to escape accountability.

Page 138

Many of the reasons and juridical arguments can be considered as methods of dialectical reasoning, based on the acceptance and rejection of unrealistic concepts. Jurisprudence often avoids confronting many external realities by employing terms such as ‘specific’, ‘general’, ‘possibility’, ‘impossibility’, ‘coincidence’, and ‘equality’, without aiming to uncover any factual reality. The issue of the dog’s snout in this context is an example, illustrated by the following scenario: If a shopkeeper enters a store and suddenly observes a dog with a snout smeared in yoghurt leaving the shop, and the yoghurt container shows signs of this, one cannot immediately conclude that the yoghurt has become impure. It is possible that the dog did not place its snout in this particular yoghurt container; instead, it could have done so in another shop or with another container, or perhaps another animal was involved, with multiple other possibilities to consider. In this case, the present evidence—namely the sign of the dog’s snout—cannot conclusively prove the impurity of the yoghurt.

Thus, reality is one thing, and the possibilities in the mind are another. The pursuit of certain knowledge differs from mental possibilities that do not take into account the actual occurrence of events. These possibilities are often concluded with the phrase “it could be, it could be,” turning it into a purely mental exercise, which can be termed as idealism.

This method is highly detrimental for discovering truths, especially in jurisprudence, where the uncovering of evidence and proof should be based on tangible external clues, not swayed by mental possibilities. Many possibilities can be considered without them holding any actual value or without the external realities being grounded in them.

However, this does not imply that general results should be accepted as evidence or that possibilities should be dismissed; rather, it is to say that the existence of a possibility should not overshadow tangible facts. In uncovering truths—particularly in criminal jurisprudence—concrete evidence and signs should be of primary importance, and one should strive to uncover actual facts, not evade them through possibilities, generalities, or abstract classifications.

The rhetorical and narrow argumentative methods used to avoid truth cannot be considered reliable ways of perceiving what is accurate. A jurisprudence that fails to recognise the present situation, ignores the cries of the oppressed, and lacks a sense of compassion, ethical values, and a true commitment to justice cannot be deemed trustworthy. Similarly, a judge or ruler who limits their judgment solely to testimony and oaths, focusing only on formal aspects of evidence, will never deliver justice and will only create loopholes for the experienced and the manipulative.

Nevertheless, it is important not to equate juridical issues with philosophical discussions; nor should all juridical matters be treated as equivalent. In intellectual and philosophical matters, all mental attributes should be given proper attention, just as in jurisprudence or legal matters, external realities should be considered with focus on what is tangible.

In summary, the approach and method of a jurist or judge should differ from that of a philosopher or scholar, and a judge or jurist should not apply the same approach to all issues. They must use distinct methods for distinct matters.

Page 139

Members of society are divided into three categories in relation to their adherence to religion: The first group is those who, due to their worldly desires and pursuit of material wealth, separate themselves from religion. The second group consists of those who, as long as their personal desires do not conflict with religious teachings, follow the religion but alter its doctrines to align with their own desires. The third group is the small minority who, when religion conflicts with their worldly desires, still choose to adhere to religious principles.

Although, on the surface, most people in society appear to follow religion and consider themselves religious, it can be said that the majority follow it merely outwardly, without truly adhering to it. As long as religion aligns with their material benefits and worldly desires, and their aspirations are in harmony with the teachings of their religion, they will support it—even if they do not genuinely practice it. However, when there is a conflict between their personal desires and religious requirements, it becomes clear to what extent they truly follow the religion. This response is influenced by deep emotional sensitivities tied to their individual desires.

Religious devotion is only maintained as long as it does not clash with their worldly desires. In the case of a conflict, what is left is not religion but personal desires. Of course, this conflict arises over matters that hold personal significance to the individual. People have varying degrees of sensitivity to different worldly matters: one may be attached to wealth, another to power, and a third may prioritize indulgence and pleasure. Some may even seek spiritual or moral qualities that transcend these material pursuits. For many, however, their devotion to their personal desires surpasses their adherence to divine guidance, and they turn their religious practices into a mere reflection of their own desires, shaping and modifying religion to suit their needs.

The rare few who are truly faithful and properly educated will not pursue their worldly desires in moments of conflict and will instead allow their religion to dominate, firmly adhering to its principles. It is in such moments of conflict that the true character of individuals becomes apparent, distinguishing the spiritually powerful from the ordinary. Those ensnared by the world, or those whose personalities are shaped by their desires, will never be able to choose religion when it comes into conflict with worldly matters. In such cases, religion loses its essence, and the power of worldly desires takes precedence. Conversely, those of true virtue will follow the path of righteousness, but such individuals are few and far between.

Nevertheless, the majority of people who follow worldly desires may fall into two categories: some will accept that they have turned away from religion and have chosen the dominion of worldly desires, while others will reshape their understanding of religion to align with their own desires. This can be particularly true for individuals in positions of authority—whether in politics, religion, or academia—who, using their worldly or religious power, manipulate the teachings of religion to align with their own interests. In this way, they expect others to follow their path, seeing their interpretation as the only valid one.

Therefore, it is unwise to place too much trust in the faith of many individuals, especially during critical moments. This serves as a reminder of the importance of understanding the true essence of faith, particularly when considering the depth of individual commitment and devotion.