Taqiyya according to Kohlberg and Imamī jurisprudents

Document Type : Scholary

Author

Department of criminal law and criminology,faculty of law and social sciences, Payame Noor University, Tehran, Iran

10.22059/jcis.2024.365446.1342

Abstract

Protecting life and property from danger is one of the rational principles that, in Imami jurisprudence, appears as the taqiyya rule. Taqiyya is to avoid any kind of harm that requires pretending to the opinion of the enemies in word or behavior. So, it is not specific to the Imamis. However, Kohlberg considers taqiyya as a type of concealment specific to the Shias in times of danger, which they used it to justify the isolation and the non-rebellion of their Imams (s.a). In his opinion, taqiyya makes the truth of Imamiya jurisprudential texts doubted. The main question is: how much is his approach according to reality? This paper shows that this famous Shialogist, contrary to the title of his research, did not consider the nature and conditions of taqiyya from the Imami jurisprudents` perspective and sources, which caused the conflict of his attitude with the Imami jurisprudents. Therefore, the nature of taqiyya in his theory is more similar to hypocrisy and lying than taqiyya, while contrary to his belief, the Imamiyya jurisprudents, including Imam Khomeini, do not regard taqiyya as legitimate in the position of expressing a jurisprudential injunction.

Keywords

Journal of Contemporary Islamic Studies

Articles in Press, Accepted Manuscript
Available Online from 06 February 2024

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