This study aims to discover the roots and origins of Shiite Sharia, the applied legal arguments, and the framework developed within Islamic jurisprudence for issuing judgements on cases such as compensation, blood money, punitive damages,...
moreThis study aims to discover the roots and origins of Shiite Sharia, the applied legal arguments, and the framework developed within Islamic jurisprudence for issuing judgements on cases such as compensation, blood money, punitive damages, judicial corporal punishment, and capital punishment.
It is a common belief among all Islamic jurists, Sharia experts, and scholars from all Islamic disciplines that such codes are derived from the very text of the Qur’an directly and, therefore, are regarded as divine law.
However, the researches previously conducted suggesting the existence of pre-Islamic elements of other religious legal disciplines belonging to the civilisation surrounding Arabia at the time the Fqih start to develop, within the Sharia. Jewish, Roman and especially the Persians are having the biggest influence of all.
In previous attempts at addressing those influences, some scholars2 regarded the level of influence by other legal disciplines such as Sasanid law unsubstantial. Moreover, those studies are mostly based on Sunni Sharia.
Based on strong evidence and undisputed findings within the theological and legal characteristics of Shia Sharia and the Iranian legal system before the seventh century, and what we regard as the Iranian/Islamic legal discipline from the ninth3 century, we can detect the complex procedural evolution of the Iranian/Islamic legal system that eventually leads to Shia Sharia in later centuries.
The historical-comparative method of legal research has been adopted to achieve a reliable outcome for this research. The research is based on a comparative study and examination of pre-Islamic legal texts from the late Sasanid empire against evidence of the historical development of Shiite jurisprudence and Shia Sharia.
In chapter 1.5, the limitations and parameters of this thesis are addressed; despite the similarities in many common narratives and theological beliefs, the differences in practice and criminological definition of certain legal remedies, which in their very nature are identical in many aspects, made the outcome a challenging one to some extent. Therefore, some parameters were set to create a broader context for this thesis.
The middle part of the thesis is divided into three sections; in chapter 2.0, the pre-Islamic historical aspects are discussed. Moreover, in C.2.1 the foundations of Sharia law are deliberated to some extent. In C.2.0 and C.2.2.A, the legal documents from both legal disciplines are introduced and referenced as well, and in C.3.0, the main comparison and cross-reference study takes place.
In order to provide a better judicial and theological background for the thesis, the researcher decided not to leave any minor element unattended, even the smallest similarities, unless proven dissimilar. In archaeology, even a small seemingly worthless horseshoe may lead to the discovery of the ruins of a civilisation, a city, or a historical truth buried beneath the dust and dirt of centuries.
Therefore, in the majority of the legal documents compared in this thesis, beyond some occasional similarities in the definition of crimes and punishments, there are some hidden judicial and procedural elements that are significant in supporting what this study aims to prove.
Many of these elements may sound irrelevant at first reading, specifically if one does not have adequate knowledge of Sharia or Zoroastrian jurisprudence. In some of these cases, the nature of the crime/sin committed, however, may not look similar to any other crimes or sins in the other legal code in comparison.
In a more detailed look into the judicial framework, the punishment, and the procedural treatment of the matter, the reader will find much more relevant similarities and even identical elements in the two disciplines. Considering both disciplines’ development time frame being at least a few centuries apart, and the historical advancement and priority of the Sassanid legal system in terms of time and development, it means the direct influence and adaptation is not accidental.
In C.3, this section provides more theological evidence from the Sasanid period, the school of Zoroastrian theology in comparison Shia theology, which, in fact, in some parts, the discussed theological beliefs are not only limited to Shia Muslims but extend to the entire Islamic theological world. In C.2, historical and political events and geopolitical facts are also presented to prove the existence of preconditions for such an in-depth influence.
In summary, this research demonstrates elements of proof of the central research topic, that Shia Sharia, Shia jurisprudence, and theology, in particular, and Sharia and Islamic jurisprudence, fiqh, and Islamic theology, in general, partially developed under the direct influence of the Sassanid Zoroastrian school of theology. In order to stay focused on the research topic, the elements, effects, and influences of the Sassanid legal discipline which none-directly influenced Islam trough the Judaism and the Babylonian Talmud are not addressed adequately, however, there were no possibilities of not having it mentioned.
The socio-cultural importance and significance of the Sassanid empire and the great Persian empires have shaped the sociocultural foundation of the Middle East significantly which unfortunately has been understudied.