Document Type : Research (Normal Review)
Author
Level 4 student, Jurisprudence and Usul, Seminary, Qom, Iran
10.22034/jrj.2024.68779.2798
Abstract
While jurists generally agree on the suspension of the primary ruling during taqīyyah (prudential concealment), they differ on whether this suspension is obligatory (ʻazīmah)—meaning that the duty of the mukallaf (one responsible for a duty) is solely to observe taqīyyah, and it is impermissible to disregard it and follow the true primary ruling—or whether it is a dispensation (rukhṣat), allowing the mukallaf the choice to either practice taqīyyah or abandon it. Some jurists argue that the suspension of the primary ruling is obligatory (ʻazīmah), deeming the abandonment of taqīyyah prohibited and actions contrary to it invalid. Others believe that while abandoning taqīyyah is forbidden, actions that align with the primary ruling remain valid and sufficient.
Furthermore, some jurists, after affirming the prohibition of abandoning taqīyyah, make a distinction between the validity of actions involving the internal versus external aspects of the maʼmūrun bih (the task ordained by Allāh). The central question of this study is whether the suspension of the primary ruling during taqīyyah is obligatory (ʻazīmah) or optional (rukhṣat), as this is closely tied to how the true primary ruling is nullified under the conditions of taqīyyah. Given the prominent role of taqīyyah in Shīʻah thought and tradition, it is crucial to examine the rulings related to abandoning taqīyyah and acting against it.
This study, using a descriptive-analytical approach, aims to explore the situational and legal consequences of abandoning taqīyyah and acting contrary to it. It also examines the evidence supporting both viewpoints, critiques these arguments, and, by relying on taqīyyah narrations and the special efforts of the shāriʻ (The Lawmaker) in legislating taqīyyah, concludes that the prohibition of abandoning taqīyyah, the invalidity of actions contrary to it, and the obligatory nature (ʻazīmah) of adhering to taqīyyah are substantiated, taking into account the criteria of expediency and corruption that persist in the primary ruling after the enactment of taqīyyah.
Keywords: Taqīyyah, Rukhṣat, Imtinān, Imtinānī Ruling.
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