“Analysis of the Jurisprudential Foundations of Defending the Shrines of the Ahl al-Bayt (PBUH) and their Associates”

Document Type : Original Article

Authors
1 qom seminary
2 Adyan university
Abstract
The defense of the shrines of Ahl al-Bayt (peace be upon them) has emerged as a significant issue in contemporary Shiʿi jurisprudence, particularly within the fields of political and devotional fiqh. Divergent views regarding its legal nature often stem from conflating various juristic categories and mixing normative legal reasoning with political or emotional considerations. This article aims to provide a rule-based juristic analysis of the obligation to defend these shrines, grounded in authoritative Islamic legal sources, while avoiding their reduction to offensive jihad or purely sentimental motivations.
The study begins by clarifying foundational concepts such as jihad, defense, and sacred shrines within Imami jurisprudence. It then examines relevant Qur’anic verses and narrations to establish the legitimacy of defending against injustice, violation of sanctities, and desecration of religious symbols. Subsequently, specific juristic maxims—such as the rule of negating domination (nafy al-sabil), the prohibition of desecrating sacred symbols, the obligation to preserve the integrity of Islam, and the principle of venerating religious symbols—are analyzed as governing or interpretive principles applicable to the issue.
The findings demonstrate that defending the shrines of Ahl al-Bayt (peace be upon them), when facing real and organized threats, falls within the category of defensive jihad. From a legal standpoint, such defense entails a collective obligation (wujūb kifāʾī), which may transform into an individual obligation (wujūb ʿaynī) under particular circumstances. This ruling is derived from binding juristic principles and must be clearly distinguished from motivational or devotional considerations such as affection for the Ahl al-Bayt.
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