Encyclopedia of Contemporary Jurisprudence - User contributions [en]

Yousef Saanei

2026-05-27T13:48:59Z

M.zandi: /* Academic and Political Biography */

{{author
|author = Mahdi Shajarian
|author2 =
|author3 =
|compilation =
|editor1 =
|editor2 =
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{{Infobox person
| fame = Grand Ayatollah Yousef Saanei
| name = Yousef Saanei
| birth = 1316 SH
| death = 1399 SH
| image = Yousef_Saanei.jpg
| image_size =
| image_caption =
| position = Shia Marja' al-Taqlid
| madhhab =
| nationality = Iran
| field_of_specialization = Fiqh and Usul al-Fiqh
| works_in_contemporary_jurisprudence = Fiqh and Life Series
| opinions =
| teachers =
| students =
| website = https://saanei.xyz
}}

*'''Abstract'''
'''Yousef Saanei''' (in Persian: [[:fa:یوسف_صانعی|یوسف صانعی]]), was a Shia Faqih who held fatwas differing from the consensus of jurists, particularly in areas such as [[Fiqh of Women]] and the [[Rights of Non-Muslim Minorities]] in Islamic society. These views faced numerous reactions from traditionalist jurists. By investigating them we can better understand the developments of [[Contemporary Jurisprudence]]. It is said that his approach represents an effort toward the dynamism of Shia Fiqh and responding to new issues while maintaining inferential frameworks.

Relying on five key principles —the [[Principle of Justice (Qa'idat al-Adl)]], taking priority of the Quran over Hadiths, the revision of evidence based on contemporary needs, the [[Principle of No-Hardship (Nafi al-Haraj)]], and non-commitment to consensus (Ijma') and popularity (Shuhrat)— Sa'anei proceeded to derive rulings that differed from popular fatwas in cases such as the [[Equality of Blood Money for Men and Women|equality of Diya (blood money)]] and [[Equality of Retribution for Men and Women|Qisas (retribution)]] between men and women, the permissibility of [[Women's Judgeship|judgeship]] and [[Women's Marja'iyyah|religious authority (Marja'iyyah) for women]], the [[Puberty of Girls|attainment of puberty for girls]] at age 13, the [[Equality of Testimony for Men and Women|equality of testimony between men and women]], and the [[Mahramiyyah of the Adopted Child|Mahramiyyah of adopted children]].

According to Sa'anei's fatwas, the permissibility of [[Polygyny|polygyny]] is conditional upon acceptance and consent of the first wife; he even considers polygyny as impermissible and void (batil) in case of first wife's discontent that involves harassing her. He also considers the legitimacy of [[Temporary Marriage (Nikah al-Mut'ah)|temporary marriage]] to be limited only to emergency and exceptional cases, such as long wars. Sa'anei considered "customary justice" (al-adl al-urfi) to be the basis for many rulings and believed that the Legislator (Shari') has delegated the identification of instances of justice to custom (Urf).

== Academic and Political Biography ==
Yousef Saanei was an Iranian Shia Mujtahid known for fatwas that differed from the common ones in the Shia jurists of his era. He was born in 1316 SH (1937 AD) in Isfahan and passed away in 1399 SH (2020) in Qom. He began his studies at the Isfahan Seminary (1325 SH/1946) and completed them at the Qom Seminary (from 1330 SH/1951). He studied in Qom with some scholars such as [[Sayyid Husayn Tabataba'i Borujerdi|Sayyid Husayn Borujerdi]], [[Sayyid Muhammad Muhaqqiq Damad]], and [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], and he began advanced teaching of jurisprudence (Kharij al-Fiqh) in 1354 SH/1975. Some of his jurisprudential works include: Resalah Tawdih al-Masa'il (a treatise of practical jurisprudence), Manasik al-Hajj (the rituals of the pilgrimage to Mecca), Majma' al-Masa'il, Muntakhab al-Ahkam, Medical Istifta'at (inquiries of the followers), Misbah al-Muqallidin, Ahkam Banuwan (Rulings for Women), and Kitab al-Talaq (a book on divorce).<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 53-55.</ref>

Sa'anei's revolutionary activities prior to the 1979 Islamic Revolution involved efforts in cultural and promotional dimensions, such as issuing political declarations and statements.<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, p. 93.</ref> After the Islamic Revolution in Iran, he was Prosecutor-General of Iran for a time, and was an appointed Faqih of the Guardian Council, a member of the Society of Seminary Teachers of Qom, an elected member in the Assembly of Experts, and an appointed member of the [[Expediency Discernment Council]].<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 114-126.</ref>

== Specific Jurisprudential Fatwas ==
Certain jurisprudential foundations and specific opinions of Yousef Saanei have always been subjects of discussion and controversy; including the [[Puberty of Girls|puberty of girls]] at age 13, the [[Women Leaving the House Without the Husband's Permission|permissibility of a woman leaving the house without the husband's permission]], the [[Equality of Retribution|equality of Qisas]] and [[Equality of Blood Money for Men and Women|Diya between men and women]], the possibility of [[Women's Judgeship|women's judgeship]], the lack of the male-gender requirement in [[Women's Marja'iyyah|Marja'iyyah]] and [[Women's Guardianship (Wilayah)|Wilayah]], the [[Guardianship of the Mother|natural guardianship of the mother over the child after the father]], the restriction of the prohibition of music and singing (Ghina) to its [[Content-based Prohibition of Ghina|content-based prohibition]], the [[Purity of Non-Belligerent Infidels|ritual purity (taharah) of non-belligerent kafirs]], the restriction of the prohibition of Riba (usury) to consumptive Riba rather than [[Productive Riba|productive Riba]], [[Retribution of a Muslim for a Kafir|Qisas of a Muslim for a Kafir]], the possibility of [[Inheritance of a Non-Muslim from a Muslim|inheritance of a non-Muslim from a Muslim]], and the [[Mahramiyyah of the Adopted Child|Mahramiyyah of adopted children]].

Sa'anei prioritized conventional justice over many Islamic rulings and believed in the [[Human Dignity|inherent dignity of every human being]], regardless of their beliefs. A series of booklets by Sa'anei has been published under the title [[Fiqh and Life (Book)|Fiqh and Life]], in each of which he explains the reasons for his fatwas.

In Sa'anei's view, the permissibility of polygyny is conditional upon the requirement that the second marriage does not cause harm to the first wife and is not conventionally considered reprehensible or offensive, but rather meets her acceptance and consent. Relying on the verse [[Surah An-Nisa, Verse 19|“And live with them honorably”]] (Nisa, 19), Sa'anei argues that a second marriage without the consent of the first wife and which causes her distress is not permissible (taklifan) and is void (wadh'an/batil).<ref>[https://saanei.xyz/?view=01,02,48,378,0 “Interview with Ayatollah Sa'anei regarding the Family Protection Bill”], Information Portal of Ayatollah Sa'anei.</ref> Also, in his view, the legitimacy of temporary marriage is limited only to emergency and exceptional cases such as long wars, and promoting it as a solution alongside permanent marriage not only does not prevent corruption but, by endangering the family unit and promoting licentiousness, leads society toward collapse. Sa'anei's primary solution for addressing the challenges of the youth is the removal of economic and cultural barriers and the facilitation of permanent marriage, rather than resorting to temporary marriage.<ref>[https://saanei.xyz/?view=01,05,13,309,0 “Temporary Marriage and its Conditions and Limits”], Information Portal of Ayatollah Sa'anei.</ref>

== Jurisprudential Principles and Rules ==
The principles and rules by which Sa'anei's jurisprudential fatwas were derived consist of five influential principles: the [[Principle of Justice (Qa'idat al-Adl)]], special attention to the Quran, revision of evidence based on contemporary requirements, the [[Principle of No-Hardship (Qa'idat al-La Haraj)]], and opposition to consensus (Ijma') and popularity (Shuhrat). Sa'anei's fatwas, although innovative, do not fall outside the framework of jurisprudential inferences, even if they present some relatively new principles.

=== Principle of Justice (Qa'idat al-Adl) ===
The Principle of Justice is one of the important and influential rules in Sa'anei's practice of Fiqh.<ref>Sa'anei, An Approach to Women's Rights, pp. 166-167.</ref> According to this rule, a ruling that contradicts justice is not issued by the Sacred Legislator, and religious sources such as the Quran and Sunnah serve to express the general criteria and standards of justice and oppression, while delegating the determination of instances and details to convention (Urf) and social reason (Aql). The Legislator places convention in the position of judgment and is itself committed to the judgment of convention, except in cases where there is an explicit religious text (Nass) to the contrary. The jurist and Mujtahid, in the position of inference, must adapt religious criteria to the convention of their time and, in issuing a fatwa, take the judgment of convention as the criterion. If the rational convention of society considers something to be oppression, the jurist cannot present it as justice, and vice versa; unless a definitive religious text exists.<ref>Qabil (Jami), The Principle of Justice and the Negation of Oppression, 147-174.</ref>

Citing verses such as [[Surah An-Nahl, Verse 90|“Indeed, Allah orders justice”]] (Nahl, 90) and other verses ([[Surah Al-An'am, Verse 115|An'am, 115]], [[Surah Fussilat, Verse 46|Fussilat, 46]], and [[Surah An-Nisa, Verse 40|Nisa, 40]], [[Surah Ghafir, Verse 31|Ghafir, 31]]), Sa'anei believes that the system of God's commands is organized within the framework of justice and that the standard of every religious command is justice. Therefore, if the conventional understanding of justice is incompatible with the generalities or absolutes of narrations or with the text of a narration of non-definitive origin (Zanni al-Sudur), then according to the aforementioned verses and the priority of the Quran over narrations and the command to discard narrations contrary to the Quran,<ref>Kulayni, Al-Kafi, vol. 1, pp. 69-70.</ref> the conventional understanding takes precedence, and narrations containing an unjust ruling (from the perspective of Urf) are discarded or interpreted (Ta'wil).<ref>Sa'anei, An Approach to Women's Rights, pp. 166-167; Ali-Akbarian, The Principle of Justice in Imami Fiqh, pp. 260-274.</ref>

Sa'anei utilized this rule in his fatwas; for example, he does not accept the absolute nature of evidence regarding the man's right to divorce and considers cases such as divorce without reason by the man or the man's refusal to divorce in Khul' divorce (when the woman is averse and has gifted or returned the dowry) as oppressive from the conventional perspective. This is because, conventionally, depriving the woman of choice and granting absolute choice to the man based solely on gender is unjust; therefore, one must abandon the absolute application of the narration "Divorce is in the hand of the one who takes the leg,"<ref>Sa'anei, An Approach to Women's Rights, pp. 552-553.</ref> noting that some early scholars such as Ibn Zuhrah al-Halabi<ref>Ibn Zuhrah al-Halabi, Ghunyat al-Nuzu' ila Ilmay al-Usul wa al-Furu', p. 375.</ref> and Shaykh al-Tusi<ref>Tusi, Al-Nihayah fi Mujarrad al-Fiqh wa al-Fatawa, p. 529.</ref> also considered divorce in Khul' to be obligatory for the man.

Another example is the rejection of the blood money (Diya) of a woman being half; Sa'anei considers this ruling unjust from a conventional perspective given the equality of men and women in human identity and social and economic rights (confirmed by reason, the Book, and the Sunnah), and believes that narrations indicating the halving of a woman's Diya are discarded due to their contradiction with justice (the Quranic standard for rulings).<ref>Sa'anei, Equality of Diya, pp. 62-64.</ref>

=== Special Attention to the Holy Quran ===
One of Sa'anei's primary foundations is the prioritization of the Quran. He utilizes the foundational rule of the precedence of the Quranic texts of definitive origin (Qat'i al-Sudur) over the narrations of non-definitive origin (Zanni al-Sudur)<ref>Na'ini, Ajwad al-Taqrirat, vol. 1, p. 505.</ref> in the issue of Qisas. He cites two verses: [[Surah Al-Ma'idah, Verse 45|“And We ordained for them therein a life for a life...”]] (Ma'idah, 45) and [[Surah Al-Baqarah, Verse 178|“Prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female”]] (Baqarah, 178) and considers their indication of equal Qisas for men and women to be clear and explicit (Nass). Therefore, he considers acting upon narrations that make the Qisas of a woman for a man conditional on the payment of half the man's Diya to be problematic due to their explicit contradiction with the Quran.<ref>Sa'anei, Equality of Qisas, p. 43; cf. Mehrpour, Issues in Women's Rights, pp. 248-249.</ref>

Regarding [[Women's Testimony]], Sa'anei focuses on the verse [[Surah Al-Baqarah, Verse 282|“And if there are not two men [available], then a man and two women... so that if one of them errs, the other can remind her”]] (Baqarah: 282). Drawing an inference from the verse, he concludes that the ruling of two women's testimony being equivalent to one man's is, firstly, restricted to financial matters (debt) and, secondly, is not permanent and inclusive of all women. This is because, according to scholars of Usul, if a cause (Illah) is mentioned alongside a ruling and a matter appears as the cause, the ruling revolves around that cause.<ref>Allamah al-Hilli, Nihayat al-Wusul ila Ilm al-Usul, vol. 2, p. 201; Najmabadi, Al-Usul, vol. 1, p. 508.</ref> In his view, the cause in this verse is "the forgetfulness of one woman and the need for the other to remind her," which related to the social conditions of women at the time of revelation (lack of social presence and weakness in financial calculations). Since women today have a prominent presence in social fields and are precise in financial calculations, their testimony in court is equal to that of men because the problem of forgetfulness has been negated.<ref>Sa'anei, Women's Testimony in Islam, pp. 57-59.</ref>

=== Revision of Evidence Based on Modern Conditions ===
According to Sa'anei, the dynamism of Fiqh is tied to the "revision of evidence"; this revision does not mean changing or discarding evidence or imposing external beliefs upon it, but rather presenting new questions to the texts and interrogating them for answers suited to these questions. This process is committed to the standard rules of Usul al-Fiqh and does not necessarily lead to Ijtihad in Usul; rather, using the same common methodology, it places the branches (Furu') into a new inferential process and arrives at different fatwas. For example, in the issue of the [[Puberty of Girls]], the revision of evidence led him to maintain 13 years of age as an independent criterion for puberty.

Sa'anei divides the narrations indicating the puberty of girls at 9 years into three categories: 1. Absolute narrations referring to 9 years, 2. Narrations paired with other signs such as menstruation, and 3. Narrations explicitly specifying 9 years due to menstruation: "Because when a girl reaches nine years, she menstruates."<ref>Kulayni, Al-Kafi, vol. 7, p. 69.</ref> Sa'anei infers from this set that 9 years is a "pointing title" (unwan mushir) and lacks inherent subject-matter significance; because the first category of narrations is restricted by the second and third categories, and based on the third category, menstruation is the cause and subject of puberty. Therefore, if a 9-year-old girl does not menstruate, she is not considered mature (baligh). Relying on a reliable (muwaththaq) narration, he considers 13 years as another independent criterion for puberty.<ref>Sa'anei, Puberty of Girls, pp. 11-43.</ref>

In support of this view, some contemporary writers also believe that the narrations of puberty (with different ages of 9, 10, and 13) were issued from the Infallible's capacity of branch-derivation (tafri')—explaining specific instances of a general rule—rather than the capacity of legislation (tashri'); since the main criterion is menstruation and the specific age (like 9 years) was an instance suited to the conditions of the time of issuance and is not absolutely binding in Fiqh.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref>

=== Opposition to Consensus and Popularity ===
Yousef Saanei is among the jurists who, relying on evidence, issue fatwas without fear of contradicting consensus (Ijma') or popular opinion (Shuhrat). His specific fatwas, including the permissibility of [[Women's Marja'iyyah|Women's Marja'iyyah]] and [[Women's Judgeship|Judgeship]], [[Equality of Blood Money for Men and Women|Equality of Diya]], and [[Equality of Retribution for Men and Women|Equality of Qisas]], are examples of this approach. In the issue of women's religious authority, he relies on the [[Conduct of the Rational (Sirat al-Uqala)]] and the judgment of reason (the referral of the ignorant to the scholar without difference between man and woman) and, by ignoring the claimed consensus, does not consider being male a condition for Marja'iyyah, judgeship, or Wilayah.<ref>Sa'anei, An Approach to Women's Rights, pp. 258-259.</ref>

Sa'anei often considers consensuses to be "evidence-based" (madraki, i.e., based on existing proofs) and, by critiquing those proofs, considers consensus to lack independent validity. For example, regarding the [[Guardianship of the Mother]], after disputing the transmitted consensus, he states: "If we accept the consensus, it is most likely based on narrations and is an evidence-based consensus; thus it is not a proof (hujjah)."<ref>Sa'anei, Guardianship of the Mother, p. 62.</ref> This method removes the boundary between the inference of a ruling and the issuance of a fatwa; unlike jurists who consider consensus invalid in the position of inference but act with precaution (ihtiyat) in the position of fatwa (presenting their view to followers) and do not issue fatwas contrary to popular views.

=== Principle of No-Hardship (Nafi al-Haraj) ===
Another frequently used rule in Yousef Saanei's Fiqh is the [[Principle of No-Hardship (Nafi al-Haraj)]]. From his perspective, this rule is a definitive ruling, but its breadth or narrowness is decisive. The basis of Sharia is established on the negation of difficulty and hardship (usr wa haraj), and "hardship" (haraj) is a conventional concept that lacks an independent religious definition, with convention being the criterion for identifying its instances. The principle of ease and facilitation in religion is a governing criterion and can even be used as a preference (murajjih) in the conflict of narrations.<ref>Sa'anei, An Approach to Women's Rights, p. 205.</ref>

His fatwa on the [[Mahramiyyah of the Adopted Child]] is a clear example of this approach. In response to a question about making a child mahram who was taken from welfare services and whose age has passed the nursing (radha') period, he states: the customary religious ways (nursing or marriage contract) are not possible in these cases; however, given that caring for helpless children is a recommended and desirable act (birr and ihsan) leading to "otherworldly reward and happiness in both worlds," the hardship and difficulty resulting from being non-mahram after the child's puberty (such as the problem of informing the child about the real parents, the spiritual suffering from childlessness, and the disruption of normal life) removes the prohibition of looking (nazar). Citing the principle that "Islam is a religion of ease and facility," he considers such hardship a justification for removing the prohibitory ruling (hukm taklifi).<ref>Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Sa'anei from the Perspective of Others, pp. 166-168.</ref> Prior to him, no jurist had so explicitly removed the prohibition of looking based on hardship.

== Critics and Opponents ==
The specific jurisprudential fatwas of Yousef Saanei have drawn widespread criticism. The Society of Seminary Teachers of Qom, following a question regarding his Marja'iyyah, wrote: "The Society of Seminary Teachers of Qom, based on investigations conducted over the past year and after numerous meetings, has reached the conclusion that he lacks the necessary criteria for occupying the position of Marja'iyyah."<ref>[https://jameehmodarresin.org/1139/849/ “Opinion of the Society of Seminary Teachers of Qom regarding the Marja'iyyah of Mr. Hajj Shaykh Yousef Saanei”], Society of Seminary Teachers of Qom.</ref> At the same time, the Farda website claimed it had inquired about the opinions of other Maraja' offices regarding Yousef Saanei's Marja'iyyah; in this regard, the office of the Supreme Leader reminded of the need to refer to one of the Maraja' without an explicit answer, while other Maraja' offices did not consider the issuance of this statement sufficient to disqualify him from Marja'iyyah.<ref>Opinions of the Maraja' Offices regarding the followers of Ayatollah Sa'anei, Khabar Online.</ref> The Assembly of Teachers and Researchers of the Qom Seminary also issued a statement expressing regret over this action.<ref>[http://majmaqom.ir/بیانیه-ها-و-اطلاعیه-ها/99 “Number 99: The Status of Marja'iyyah in the Seminaries”], Website of the Assembly of Teachers and Researchers of the Qom Seminary.</ref>

Books and articles have been written in criticism of Yousef Saanei's jurisprudential views, including:

"Guarding Jurisprudence; A Critique of Ayatollah Sa'anei's Jurisprudential Views," by Husayn Hashemian, Ali-Asghar Hematian Sadrollahi Damghani, and Mahmoud Moqaddami, Tehran, Vosough, 1387 SH.
"Rereading the Jurisprudential and Political Views of Ayatollah Sa'anei," by Omid Hosseini, Tehran, Center for Islamic Revolution Document Center, 1392 SH.
"Defense of Islamic Fiqh and Politics," by Sayyid Muhammad Baqir Hasheminia, Tehran, Vosough, 1386 SH.
"Examination and Critique of the Evidence for Ayatollah Sa'anei's Theory on the Equality of Diya for Muslim Men and Women," Contemporary Comparative Law Studies, by Muhammad Ibrahim-Nezhad, No. 7, 1395 SH.
"Critique and Review: Contemporary Jurisprudential Innovations according to Jurisprudential and Ijtihadi Standards," by Mahdi Nikouei, Tehran, Athar-e Amin, 1385 SH.
"Critique of Productive Riba," Ahl al-Bayt (AS) Fiqh Journal, by Reza Mohammadi Karaji, No. 58-59, 1388 SH.

Some of the criticisms of Sa'anei focus on his jurisprudential foundations and, in fact, reject them in terms of the major premise (kubra); such as the critiques aimed at the Principle of Justice.<ref>Ali-Akbarian, The Principle of Justice in Imami Fiqh, pp. 60-73.</ref> Other criticisms relate to the application of jurisprudential subjects to the aforementioned principles and are raised in terms of the minor premise (sughra); such as the criticism regarding the Mahramiyyah of adopted children, where the existence of hardship in this issue was not accepted.<ref>Shariati-Nasab, Mahramiyyah in Adoption, pp. 241-242.</ref>

Despite the critiques and opposition to Sa'anei's jurisprudential opinions, some of his critics maintain that his jurisprudential views cannot be called heresy (bid'ah); because not every innovation is bid'ah, and the condition for calling a view bid'ah is that, firstly, it must be presented as a part of religion, and secondly, no specific or general proof can be established for it from valid religious sources.<ref>Turayhi, Majma' al-Bahrayn, vol. 4, pp. 298-299; Raghib, Mufradat Alfadh al-Quran, p. 111.</ref>

== Footnotes ==
{{Footnotes}}
== References ==
{{References}}
* A group of his students, The Innovative Faqih: Narrative of the life of the Faqih of the Ahl al-Bayt (AS): Grand Ayatollah Sa'anei, Qom, Fiqh al-Thaqalayn Cultural-Artistic Institute, 1393 SH.
* Ali-Akbarian, Hassan-Ali, The Principle of Justice in Imami Fiqh, Qom, Research Institute of Islamic Sciences and Culture, 1386 SH.
* Allamah al-Hilli, Hasan ibn Yusuf, Nihayat al-Wusul ila Ilm al-Usul, Qom, Imam Sadiq Institute (AS), 1425 AH.
* Ardabili, Ahmad, Majma' al-Fa'idah wa al-Burhan fi Sharh Irshad al-Adh-han, Qom, Islamic Publications Office affiliated with the Society of Seminary Teachers of Qom, 1403 AH.
* Husayni Firuzabadi, Murtadha, Inayat al-Usul fi Sharh Kifayat al-Usul, Qom, Firuzabadi Bookstore, 1400 AH.
* Ibn Zuhrah al-Halabi, Hamzah ibn Ali Husayni, Ghunyat al-Nuzu' ila Ilmay al-Usul wa al-Furu', Qom, Imam Sadiq Institute (AS), 1417 AH.
* [https://saanei.xyz/?view=01,02,48,378,0 “Interview with Ayatollah Sa'anei regarding the Family Protection Bill”], Information Portal of Ayatollah Sa'anei.
* Kulayni, Muhammad ibn Ya'qub, Al-Kafi, Tehran, Dar al-Kutub al-Islamiyah, 1407 AH.
* Mehrpour, Husayn, Issues in Women's Rights, Tehran, Ettela'at, 1379 SH.
* Na'ini, Muhammad Husayn, Ajwad al-Taqrirat, Qom, Matba'at al-Irfan, 1352 AH.
* Najmabadi, Abolfazl, Al-Usul, Qom, Grand Ayatollah Borujerdi Institute for the Publication of Ahl al-Bayt Teachings, 1380 SH.
* Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Sa'anei from the Perspective of Others, Qom, Fiqh al-Thaqalayn, 1394 SH.
* [https://www.khabaronline.ir/news/34457/ “Opinion of the Maraja' Offices regarding the followers of Ayatollah Sa'anei / The opinion of followers takes precedence over the opinion of the Society of Seminary Teachers”], Khabar Online Website, January 4, 2010 (14 Dey 1388 SH).
* [https://jameehmodarresin.org/1139/849/ “Opinion of the Society of Seminary Teachers of Qom regarding the Marja'iyyah of Mr. Hajj Shaykh Yousef Saanei”], Society of Seminary Teachers of Qom.
* Qabil (Jami), Hadi, The Principle of Justice and the Negation of Oppression along with an Interview with Grand Ayatollah Sa'anei, Qom, Fiqh al-Thaqalayn, 1390 SH.
* Raghib Isfahani, Husayn, Mufradat Alfadh al-Quran, Beirut, Dar al-Qalam - al-Dar al-Shamiyyah, 1412 AH.
* Saanei, Yousef, An Approach to Women's Rights, Qom, Fiqh al-Thaqalayn Publications, 1397 SH.
* Saanei, Yousef, Equality of Diya, Qom, Fiqh al-Thaqalayn Publications, 1384 SH.
* Saanei, Yousef, Equality of Qisas, Qom, Fiqh al-Thaqalayn, 1383 SH.
* Saanei, Yousef, Guardianship of the Mother, Qom, Fiqh al-Thaqalayn, 1384 SH.
* Saanei, Yousef, Majma' al-Masa'il Istifta'at, Qom, Meysam-e Tammar Publications, 1386 SH.
* Saanei, Yousef, Puberty of Girls, Qom, Fiqh al-Thaqalayn, 1385 SH.
* Saanei, Yousef, Resalah Tawdih al-Masa'il, Qom, Meysam-e Tammar Publications, 1392 SH.
* Saanei, Yousef, Women's Testimony in Islam, Qom, Fiqh al-Thaqalayn, 1388 SH.
* Shariati-Nasab, Sadiq, Mahramiyyah in Adoption, Journal of Legal Research, No. 66, 1393 SH.
* Shaykh Ansari, Murtadha, Fara'id al-Usul, Qom, Islamic Publishing Institute, 1416 AH.
* Shaykh Tusi, Muhammad ibn Hasan, Al-Nihayah fi Mujarrad al-Fiqh wa al-Fatawa, Beirut, Dar al-Kitab al-Arabi, 1400 AH.
* Sistani, Sayyid Ali, Minhaj al-Salihin, Qom, Office of Grand Ayatollah Sistani, 1417 AH.
* Tabrizi, Jawad, Minhaj al-Salihin, Qom, Majma' al-Imam al-Mahdi (AJ), 1426 AH.
* [https://saanei.xyz/?view=01,05,13,309,0 “Temporary Marriage and its Conditions and Limits”], Information Portal of Ayatollah Sa'anei.
* [http://majmaqom.ir/بیانیه-ها-و-اطلاعیه-ها/99 “Number 99: The Status of Marja'iyyah in the Seminaries”], Website of the Assembly of Teachers and Researchers of the Qom Seminary, January 9, 2011 (19 Dey 1389 SH).
* Turayhi, Fakhruddin, Majma' al-Bahrayn, Tehran, Mortazavi, 1375 SH.
* Ziya'ifar, Sa'id, Philosophy of the Science of Fiqh, Qom, Seminary and University Research Institute, 1397 SH.
{{End}}

[[Category:Biographical Articles]]
[[fa:یوسف صانعی]]
[[Category:Contemporary Jurisprudence Articles]]

Yousef Saanei

2026-05-27T05:48:12Z

M.zandi:

{{author
|author = Mahdi Shajarian
|author2 =
|author3 =
|compilation =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| fame = Grand Ayatollah Yousef Saanei
| name = Yousef Saanei
| birth = 1316 SH
| death = 1399 SH
| image = Yousef_Saanei.jpg
| image_size =
| image_caption =
| position = Shia Marja' al-Taqlid
| madhhab =
| nationality = Iran
| field_of_specialization = Fiqh and Usul al-Fiqh
| works_in_contemporary_jurisprudence = Fiqh and Life Series
| opinions =
| teachers =
| students =
| website = https://saanei.xyz
}}

*'''Abstract'''
'''Yousef Saanei''' (in Persian: [[:fa:یوسف_صانعی|یوسف صانعی]]), was a Shia Faqih who held fatwas differing from the consensus of jurists, particularly in areas such as [[Fiqh of Women]] and the [[Rights of Non-Muslim Minorities]] in Islamic society. These views faced numerous reactions from traditionalist jurists. By investigating them we can better understand the developments of [[Contemporary Jurisprudence]]. It is said that his approach represents an effort toward the dynamism of Shia Fiqh and responding to new issues while maintaining inferential frameworks.

Relying on five key principles —the [[Principle of Justice (Qa'idat al-Adl)]], taking priority of the Quran over Hadiths, the revision of evidence based on contemporary needs, the [[Principle of No-Hardship (Nafi al-Haraj)]], and non-commitment to consensus (Ijma') and popularity (Shuhrat)— Sa'anei proceeded to derive rulings that differed from popular fatwas in cases such as the [[Equality of Blood Money for Men and Women|equality of Diya (blood money)]] and [[Equality of Retribution for Men and Women|Qisas (retribution)]] between men and women, the permissibility of [[Women's Judgeship|judgeship]] and [[Women's Marja'iyyah|religious authority (Marja'iyyah) for women]], the [[Puberty of Girls|attainment of puberty for girls]] at age 13, the [[Equality of Testimony for Men and Women|equality of testimony between men and women]], and the [[Mahramiyyah of the Adopted Child|Mahramiyyah of adopted children]].

According to Sa'anei's fatwas, the permissibility of [[Polygyny|polygyny]] is conditional upon acceptance and consent of the first wife; he even considers polygyny as impermissible and void (batil) in case of first wife's discontent that involves harassing her. He also considers the legitimacy of [[Temporary Marriage (Nikah al-Mut'ah)|temporary marriage]] to be limited only to emergency and exceptional cases, such as long wars. Sa'anei considered "customary justice" (al-adl al-urfi) to be the basis for many rulings and believed that the Legislator (Shari') has delegated the identification of instances of justice to custom (Urf).

== Academic and Political Biography ==
Yousef Saanei was an Iranian Shia Mujtahid known for fatwas that differed from the consensus of the Shia jurists of his era. He was born in 1316 SH in Isfahan and passed away in 1399 SH in the city of Qom. He began his studies at the Isfahan Seminary (1325 SH) and completed them at the Qom Seminary (from 1330 SH). In Qom, he benefited from masters such as [[Sayyid Husayn Tabataba'i Borujerdi|Sayyid Husayn Borujerdi]], [[Sayyid Muhammad Muhaqqiq Damad]], and [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], and he began teaching Kharij al-Fiqh in 1354 SH. Some of his jurisprudential works include: Resalah Tawdih al-Masa'il, Manasik al-Hajj, Majma' al-Masa'il, Muntakhab al-Ahkam, Medical Istifta'at, Misbah al-Muqallidin, Ahkam al-Banuan (Rulings for Women), and Kitab al-Talaq.<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 53-55.</ref>

Sa'anei's revolutionary activities prior to the 1979 Islamic Revolution involved efforts in cultural and promotional dimensions, such as issuing political declarations and statements.<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, p. 93.</ref> Following the Islamic Revolution, his record includes membership in the Guardian Council, the Prosecutor General's office, membership in the Society of Seminary Teachers of Qom, membership in the Assembly of Experts, and the [[Expediency Discernment Council]].<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 114-126.</ref>

== Specific Jurisprudential Fatwas ==
Certain jurisprudential foundations and specific opinions of Yousef Saanei have always been subjects of discussion and controversy; including the [[Puberty of Girls|puberty of girls]] at age 13, the [[Women Leaving the House Without the Husband's Permission|permissibility of a woman leaving the house without the husband's permission]], the [[Equality of Retribution|equality of Qisas]] and [[Equality of Blood Money for Men and Women|Diya between men and women]], the possibility of [[Women's Judgeship|women's judgeship]], the lack of the male-gender requirement in [[Women's Marja'iyyah|Marja'iyyah]] and [[Women's Guardianship (Wilayah)|Wilayah]], the [[Guardianship of the Mother|natural guardianship of the mother over the child after the father]], the restriction of the prohibition of music and singing (Ghina) to its [[Content-based Prohibition of Ghina|content-based prohibition]], the [[Purity of Non-Belligerent Infidels|ritual purity (taharah) of non-belligerent kafirs]], the restriction of the prohibition of Riba (usury) to consumptive Riba rather than [[Productive Riba|productive Riba]], [[Retribution of a Muslim for a Kafir|Qisas of a Muslim for a Kafir]], the possibility of [[Inheritance of a Non-Muslim from a Muslim|inheritance of a non-Muslim from a Muslim]], and the [[Mahramiyyah of the Adopted Child|Mahramiyyah of adopted children]].

Sa'anei prioritized conventional justice over many Islamic rulings and believed in the [[Human Dignity|inherent dignity of every human being]], regardless of their beliefs. A series of booklets by Sa'anei has been published under the title [[Fiqh and Life (Book)|Fiqh and Life]], in each of which he explains the reasons for his fatwas.

In Sa'anei's view, the permissibility of polygyny is conditional upon the requirement that the second marriage does not cause harm to the first wife and is not conventionally considered reprehensible or offensive, but rather meets her acceptance and consent. Relying on the verse [[Surah An-Nisa, Verse 19|“And live with them honorably”]] (Nisa, 19), Sa'anei argues that a second marriage without the consent of the first wife and which causes her distress is not permissible (taklifan) and is void (wadh'an/batil).<ref>[https://saanei.xyz/?view=01,02,48,378,0 “Interview with Ayatollah Sa'anei regarding the Family Protection Bill”], Information Portal of Ayatollah Sa'anei.</ref> Also, in his view, the legitimacy of temporary marriage is limited only to emergency and exceptional cases such as long wars, and promoting it as a solution alongside permanent marriage not only does not prevent corruption but, by endangering the family unit and promoting licentiousness, leads society toward collapse. Sa'anei's primary solution for addressing the challenges of the youth is the removal of economic and cultural barriers and the facilitation of permanent marriage, rather than resorting to temporary marriage.<ref>[https://saanei.xyz/?view=01,05,13,309,0 “Temporary Marriage and its Conditions and Limits”], Information Portal of Ayatollah Sa'anei.</ref>

== Jurisprudential Principles and Rules ==
The principles and rules by which Sa'anei's jurisprudential fatwas were derived consist of five influential principles: the [[Principle of Justice (Qa'idat al-Adl)]], special attention to the Quran, revision of evidence based on contemporary requirements, the [[Principle of No-Hardship (Qa'idat al-La Haraj)]], and opposition to consensus (Ijma') and popularity (Shuhrat). Sa'anei's fatwas, although innovative, do not fall outside the framework of jurisprudential inferences, even if they present some relatively new principles.

=== Principle of Justice (Qa'idat al-Adl) ===
The Principle of Justice is one of the important and influential rules in Sa'anei's practice of Fiqh.<ref>Sa'anei, An Approach to Women's Rights, pp. 166-167.</ref> According to this rule, a ruling that contradicts justice is not issued by the Sacred Legislator, and religious sources such as the Quran and Sunnah serve to express the general criteria and standards of justice and oppression, while delegating the determination of instances and details to convention (Urf) and social reason (Aql). The Legislator places convention in the position of judgment and is itself committed to the judgment of convention, except in cases where there is an explicit religious text (Nass) to the contrary. The jurist and Mujtahid, in the position of inference, must adapt religious criteria to the convention of their time and, in issuing a fatwa, take the judgment of convention as the criterion. If the rational convention of society considers something to be oppression, the jurist cannot present it as justice, and vice versa; unless a definitive religious text exists.<ref>Qabil (Jami), The Principle of Justice and the Negation of Oppression, 147-174.</ref>

Citing verses such as [[Surah An-Nahl, Verse 90|“Indeed, Allah orders justice”]] (Nahl, 90) and other verses ([[Surah Al-An'am, Verse 115|An'am, 115]], [[Surah Fussilat, Verse 46|Fussilat, 46]], and [[Surah An-Nisa, Verse 40|Nisa, 40]], [[Surah Ghafir, Verse 31|Ghafir, 31]]), Sa'anei believes that the system of God's commands is organized within the framework of justice and that the standard of every religious command is justice. Therefore, if the conventional understanding of justice is incompatible with the generalities or absolutes of narrations or with the text of a narration of non-definitive origin (Zanni al-Sudur), then according to the aforementioned verses and the priority of the Quran over narrations and the command to discard narrations contrary to the Quran,<ref>Kulayni, Al-Kafi, vol. 1, pp. 69-70.</ref> the conventional understanding takes precedence, and narrations containing an unjust ruling (from the perspective of Urf) are discarded or interpreted (Ta'wil).<ref>Sa'anei, An Approach to Women's Rights, pp. 166-167; Ali-Akbarian, The Principle of Justice in Imami Fiqh, pp. 260-274.</ref>

Sa'anei utilized this rule in his fatwas; for example, he does not accept the absolute nature of evidence regarding the man's right to divorce and considers cases such as divorce without reason by the man or the man's refusal to divorce in Khul' divorce (when the woman is averse and has gifted or returned the dowry) as oppressive from the conventional perspective. This is because, conventionally, depriving the woman of choice and granting absolute choice to the man based solely on gender is unjust; therefore, one must abandon the absolute application of the narration "Divorce is in the hand of the one who takes the leg,"<ref>Sa'anei, An Approach to Women's Rights, pp. 552-553.</ref> noting that some early scholars such as Ibn Zuhrah al-Halabi<ref>Ibn Zuhrah al-Halabi, Ghunyat al-Nuzu' ila Ilmay al-Usul wa al-Furu', p. 375.</ref> and Shaykh al-Tusi<ref>Tusi, Al-Nihayah fi Mujarrad al-Fiqh wa al-Fatawa, p. 529.</ref> also considered divorce in Khul' to be obligatory for the man.

Another example is the rejection of the blood money (Diya) of a woman being half; Sa'anei considers this ruling unjust from a conventional perspective given the equality of men and women in human identity and social and economic rights (confirmed by reason, the Book, and the Sunnah), and believes that narrations indicating the halving of a woman's Diya are discarded due to their contradiction with justice (the Quranic standard for rulings).<ref>Sa'anei, Equality of Diya, pp. 62-64.</ref>

=== Special Attention to the Holy Quran ===
One of Sa'anei's primary foundations is the prioritization of the Quran. He utilizes the foundational rule of the precedence of the Quranic texts of definitive origin (Qat'i al-Sudur) over the narrations of non-definitive origin (Zanni al-Sudur)<ref>Na'ini, Ajwad al-Taqrirat, vol. 1, p. 505.</ref> in the issue of Qisas. He cites two verses: [[Surah Al-Ma'idah, Verse 45|“And We ordained for them therein a life for a life...”]] (Ma'idah, 45) and [[Surah Al-Baqarah, Verse 178|“Prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female”]] (Baqarah, 178) and considers their indication of equal Qisas for men and women to be clear and explicit (Nass). Therefore, he considers acting upon narrations that make the Qisas of a woman for a man conditional on the payment of half the man's Diya to be problematic due to their explicit contradiction with the Quran.<ref>Sa'anei, Equality of Qisas, p. 43; cf. Mehrpour, Issues in Women's Rights, pp. 248-249.</ref>

Regarding [[Women's Testimony]], Sa'anei focuses on the verse [[Surah Al-Baqarah, Verse 282|“And if there are not two men [available], then a man and two women... so that if one of them errs, the other can remind her”]] (Baqarah: 282). Drawing an inference from the verse, he concludes that the ruling of two women's testimony being equivalent to one man's is, firstly, restricted to financial matters (debt) and, secondly, is not permanent and inclusive of all women. This is because, according to scholars of Usul, if a cause (Illah) is mentioned alongside a ruling and a matter appears as the cause, the ruling revolves around that cause.<ref>Allamah al-Hilli, Nihayat al-Wusul ila Ilm al-Usul, vol. 2, p. 201; Najmabadi, Al-Usul, vol. 1, p. 508.</ref> In his view, the cause in this verse is "the forgetfulness of one woman and the need for the other to remind her," which related to the social conditions of women at the time of revelation (lack of social presence and weakness in financial calculations). Since women today have a prominent presence in social fields and are precise in financial calculations, their testimony in court is equal to that of men because the problem of forgetfulness has been negated.<ref>Sa'anei, Women's Testimony in Islam, pp. 57-59.</ref>

=== Revision of Evidence Based on Modern Conditions ===
According to Sa'anei, the dynamism of Fiqh is tied to the "revision of evidence"; this revision does not mean changing or discarding evidence or imposing external beliefs upon it, but rather presenting new questions to the texts and interrogating them for answers suited to these questions. This process is committed to the standard rules of Usul al-Fiqh and does not necessarily lead to Ijtihad in Usul; rather, using the same common methodology, it places the branches (Furu') into a new inferential process and arrives at different fatwas. For example, in the issue of the [[Puberty of Girls]], the revision of evidence led him to maintain 13 years of age as an independent criterion for puberty.

Sa'anei divides the narrations indicating the puberty of girls at 9 years into three categories: 1. Absolute narrations referring to 9 years, 2. Narrations paired with other signs such as menstruation, and 3. Narrations explicitly specifying 9 years due to menstruation: "Because when a girl reaches nine years, she menstruates."<ref>Kulayni, Al-Kafi, vol. 7, p. 69.</ref> Sa'anei infers from this set that 9 years is a "pointing title" (unwan mushir) and lacks inherent subject-matter significance; because the first category of narrations is restricted by the second and third categories, and based on the third category, menstruation is the cause and subject of puberty. Therefore, if a 9-year-old girl does not menstruate, she is not considered mature (baligh). Relying on a reliable (muwaththaq) narration, he considers 13 years as another independent criterion for puberty.<ref>Sa'anei, Puberty of Girls, pp. 11-43.</ref>

In support of this view, some contemporary writers also believe that the narrations of puberty (with different ages of 9, 10, and 13) were issued from the Infallible's capacity of branch-derivation (tafri')—explaining specific instances of a general rule—rather than the capacity of legislation (tashri'); since the main criterion is menstruation and the specific age (like 9 years) was an instance suited to the conditions of the time of issuance and is not absolutely binding in Fiqh.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref>

=== Opposition to Consensus and Popularity ===
Yousef Saanei is among the jurists who, relying on evidence, issue fatwas without fear of contradicting consensus (Ijma') or popular opinion (Shuhrat). His specific fatwas, including the permissibility of [[Women's Marja'iyyah|Women's Marja'iyyah]] and [[Women's Judgeship|Judgeship]], [[Equality of Blood Money for Men and Women|Equality of Diya]], and [[Equality of Retribution for Men and Women|Equality of Qisas]], are examples of this approach. In the issue of women's religious authority, he relies on the [[Conduct of the Rational (Sirat al-Uqala)]] and the judgment of reason (the referral of the ignorant to the scholar without difference between man and woman) and, by ignoring the claimed consensus, does not consider being male a condition for Marja'iyyah, judgeship, or Wilayah.<ref>Sa'anei, An Approach to Women's Rights, pp. 258-259.</ref>

Sa'anei often considers consensuses to be "evidence-based" (madraki, i.e., based on existing proofs) and, by critiquing those proofs, considers consensus to lack independent validity. For example, regarding the [[Guardianship of the Mother]], after disputing the transmitted consensus, he states: "If we accept the consensus, it is most likely based on narrations and is an evidence-based consensus; thus it is not a proof (hujjah)."<ref>Sa'anei, Guardianship of the Mother, p. 62.</ref> This method removes the boundary between the inference of a ruling and the issuance of a fatwa; unlike jurists who consider consensus invalid in the position of inference but act with precaution (ihtiyat) in the position of fatwa (presenting their view to followers) and do not issue fatwas contrary to popular views.

=== Principle of No-Hardship (Nafi al-Haraj) ===
Another frequently used rule in Yousef Saanei's Fiqh is the [[Principle of No-Hardship (Nafi al-Haraj)]]. From his perspective, this rule is a definitive ruling, but its breadth or narrowness is decisive. The basis of Sharia is established on the negation of difficulty and hardship (usr wa haraj), and "hardship" (haraj) is a conventional concept that lacks an independent religious definition, with convention being the criterion for identifying its instances. The principle of ease and facilitation in religion is a governing criterion and can even be used as a preference (murajjih) in the conflict of narrations.<ref>Sa'anei, An Approach to Women's Rights, p. 205.</ref>

His fatwa on the [[Mahramiyyah of the Adopted Child]] is a clear example of this approach. In response to a question about making a child mahram who was taken from welfare services and whose age has passed the nursing (radha') period, he states: the customary religious ways (nursing or marriage contract) are not possible in these cases; however, given that caring for helpless children is a recommended and desirable act (birr and ihsan) leading to "otherworldly reward and happiness in both worlds," the hardship and difficulty resulting from being non-mahram after the child's puberty (such as the problem of informing the child about the real parents, the spiritual suffering from childlessness, and the disruption of normal life) removes the prohibition of looking (nazar). Citing the principle that "Islam is a religion of ease and facility," he considers such hardship a justification for removing the prohibitory ruling (hukm taklifi).<ref>Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Sa'anei from the Perspective of Others, pp. 166-168.</ref> Prior to him, no jurist had so explicitly removed the prohibition of looking based on hardship.

== Critics and Opponents ==
The specific jurisprudential fatwas of Yousef Saanei have drawn widespread criticism. The Society of Seminary Teachers of Qom, following a question regarding his Marja'iyyah, wrote: "The Society of Seminary Teachers of Qom, based on investigations conducted over the past year and after numerous meetings, has reached the conclusion that he lacks the necessary criteria for occupying the position of Marja'iyyah."<ref>[https://jameehmodarresin.org/1139/849/ “Opinion of the Society of Seminary Teachers of Qom regarding the Marja'iyyah of Mr. Hajj Shaykh Yousef Saanei”], Society of Seminary Teachers of Qom.</ref> At the same time, the Farda website claimed it had inquired about the opinions of other Maraja' offices regarding Yousef Saanei's Marja'iyyah; in this regard, the office of the Supreme Leader reminded of the need to refer to one of the Maraja' without an explicit answer, while other Maraja' offices did not consider the issuance of this statement sufficient to disqualify him from Marja'iyyah.<ref>Opinions of the Maraja' Offices regarding the followers of Ayatollah Sa'anei, Khabar Online.</ref> The Assembly of Teachers and Researchers of the Qom Seminary also issued a statement expressing regret over this action.<ref>[http://majmaqom.ir/بیانیه-ها-و-اطلاعیه-ها/99 “Number 99: The Status of Marja'iyyah in the Seminaries”], Website of the Assembly of Teachers and Researchers of the Qom Seminary.</ref>

Books and articles have been written in criticism of Yousef Saanei's jurisprudential views, including:

"Guarding Jurisprudence; A Critique of Ayatollah Sa'anei's Jurisprudential Views," by Husayn Hashemian, Ali-Asghar Hematian Sadrollahi Damghani, and Mahmoud Moqaddami, Tehran, Vosough, 1387 SH.
"Rereading the Jurisprudential and Political Views of Ayatollah Sa'anei," by Omid Hosseini, Tehran, Center for Islamic Revolution Document Center, 1392 SH.
"Defense of Islamic Fiqh and Politics," by Sayyid Muhammad Baqir Hasheminia, Tehran, Vosough, 1386 SH.
"Examination and Critique of the Evidence for Ayatollah Sa'anei's Theory on the Equality of Diya for Muslim Men and Women," Contemporary Comparative Law Studies, by Muhammad Ibrahim-Nezhad, No. 7, 1395 SH.
"Critique and Review: Contemporary Jurisprudential Innovations according to Jurisprudential and Ijtihadi Standards," by Mahdi Nikouei, Tehran, Athar-e Amin, 1385 SH.
"Critique of Productive Riba," Ahl al-Bayt (AS) Fiqh Journal, by Reza Mohammadi Karaji, No. 58-59, 1388 SH.

Some of the criticisms of Sa'anei focus on his jurisprudential foundations and, in fact, reject them in terms of the major premise (kubra); such as the critiques aimed at the Principle of Justice.<ref>Ali-Akbarian, The Principle of Justice in Imami Fiqh, pp. 60-73.</ref> Other criticisms relate to the application of jurisprudential subjects to the aforementioned principles and are raised in terms of the minor premise (sughra); such as the criticism regarding the Mahramiyyah of adopted children, where the existence of hardship in this issue was not accepted.<ref>Shariati-Nasab, Mahramiyyah in Adoption, pp. 241-242.</ref>

Despite the critiques and opposition to Sa'anei's jurisprudential opinions, some of his critics maintain that his jurisprudential views cannot be called heresy (bid'ah); because not every innovation is bid'ah, and the condition for calling a view bid'ah is that, firstly, it must be presented as a part of religion, and secondly, no specific or general proof can be established for it from valid religious sources.<ref>Turayhi, Majma' al-Bahrayn, vol. 4, pp. 298-299; Raghib, Mufradat Alfadh al-Quran, p. 111.</ref>

== Footnotes ==
{{Footnotes}}
== References ==
{{References}}
* A group of his students, The Innovative Faqih: Narrative of the life of the Faqih of the Ahl al-Bayt (AS): Grand Ayatollah Sa'anei, Qom, Fiqh al-Thaqalayn Cultural-Artistic Institute, 1393 SH.
* Ali-Akbarian, Hassan-Ali, The Principle of Justice in Imami Fiqh, Qom, Research Institute of Islamic Sciences and Culture, 1386 SH.
* Allamah al-Hilli, Hasan ibn Yusuf, Nihayat al-Wusul ila Ilm al-Usul, Qom, Imam Sadiq Institute (AS), 1425 AH.
* Ardabili, Ahmad, Majma' al-Fa'idah wa al-Burhan fi Sharh Irshad al-Adh-han, Qom, Islamic Publications Office affiliated with the Society of Seminary Teachers of Qom, 1403 AH.
* Husayni Firuzabadi, Murtadha, Inayat al-Usul fi Sharh Kifayat al-Usul, Qom, Firuzabadi Bookstore, 1400 AH.
* Ibn Zuhrah al-Halabi, Hamzah ibn Ali Husayni, Ghunyat al-Nuzu' ila Ilmay al-Usul wa al-Furu', Qom, Imam Sadiq Institute (AS), 1417 AH.
* [https://saanei.xyz/?view=01,02,48,378,0 “Interview with Ayatollah Sa'anei regarding the Family Protection Bill”], Information Portal of Ayatollah Sa'anei.
* Kulayni, Muhammad ibn Ya'qub, Al-Kafi, Tehran, Dar al-Kutub al-Islamiyah, 1407 AH.
* Mehrpour, Husayn, Issues in Women's Rights, Tehran, Ettela'at, 1379 SH.
* Na'ini, Muhammad Husayn, Ajwad al-Taqrirat, Qom, Matba'at al-Irfan, 1352 AH.
* Najmabadi, Abolfazl, Al-Usul, Qom, Grand Ayatollah Borujerdi Institute for the Publication of Ahl al-Bayt Teachings, 1380 SH.
* Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Sa'anei from the Perspective of Others, Qom, Fiqh al-Thaqalayn, 1394 SH.
* [https://www.khabaronline.ir/news/34457/ “Opinion of the Maraja' Offices regarding the followers of Ayatollah Sa'anei / The opinion of followers takes precedence over the opinion of the Society of Seminary Teachers”], Khabar Online Website, January 4, 2010 (14 Dey 1388 SH).
* [https://jameehmodarresin.org/1139/849/ “Opinion of the Society of Seminary Teachers of Qom regarding the Marja'iyyah of Mr. Hajj Shaykh Yousef Saanei”], Society of Seminary Teachers of Qom.
* Qabil (Jami), Hadi, The Principle of Justice and the Negation of Oppression along with an Interview with Grand Ayatollah Sa'anei, Qom, Fiqh al-Thaqalayn, 1390 SH.
* Raghib Isfahani, Husayn, Mufradat Alfadh al-Quran, Beirut, Dar al-Qalam - al-Dar al-Shamiyyah, 1412 AH.
* Saanei, Yousef, An Approach to Women's Rights, Qom, Fiqh al-Thaqalayn Publications, 1397 SH.
* Saanei, Yousef, Equality of Diya, Qom, Fiqh al-Thaqalayn Publications, 1384 SH.
* Saanei, Yousef, Equality of Qisas, Qom, Fiqh al-Thaqalayn, 1383 SH.
* Saanei, Yousef, Guardianship of the Mother, Qom, Fiqh al-Thaqalayn, 1384 SH.
* Saanei, Yousef, Majma' al-Masa'il Istifta'at, Qom, Meysam-e Tammar Publications, 1386 SH.
* Saanei, Yousef, Puberty of Girls, Qom, Fiqh al-Thaqalayn, 1385 SH.
* Saanei, Yousef, Resalah Tawdih al-Masa'il, Qom, Meysam-e Tammar Publications, 1392 SH.
* Saanei, Yousef, Women's Testimony in Islam, Qom, Fiqh al-Thaqalayn, 1388 SH.
* Shariati-Nasab, Sadiq, Mahramiyyah in Adoption, Journal of Legal Research, No. 66, 1393 SH.
* Shaykh Ansari, Murtadha, Fara'id al-Usul, Qom, Islamic Publishing Institute, 1416 AH.
* Shaykh Tusi, Muhammad ibn Hasan, Al-Nihayah fi Mujarrad al-Fiqh wa al-Fatawa, Beirut, Dar al-Kitab al-Arabi, 1400 AH.
* Sistani, Sayyid Ali, Minhaj al-Salihin, Qom, Office of Grand Ayatollah Sistani, 1417 AH.
* Tabrizi, Jawad, Minhaj al-Salihin, Qom, Majma' al-Imam al-Mahdi (AJ), 1426 AH.
* [https://saanei.xyz/?view=01,05,13,309,0 “Temporary Marriage and its Conditions and Limits”], Information Portal of Ayatollah Sa'anei.
* [http://majmaqom.ir/بیانیه-ها-و-اطلاعیه-ها/99 “Number 99: The Status of Marja'iyyah in the Seminaries”], Website of the Assembly of Teachers and Researchers of the Qom Seminary, January 9, 2011 (19 Dey 1389 SH).
* Turayhi, Fakhruddin, Majma' al-Bahrayn, Tehran, Mortazavi, 1375 SH.
* Ziya'ifar, Sa'id, Philosophy of the Science of Fiqh, Qom, Seminary and University Research Institute, 1397 SH.
{{End}}

[[Category:Biographical Articles]]
[[fa:یوسف صانعی]]
[[Category:Contemporary Jurisprudence Articles]]

Yousef Saanei

2026-05-25T14:21:48Z

M.zandi:

{{author
|author = Mahdi Shajarian
|author2 =
|author3 =
|compilation =
|editor1 =
|editor2 =
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}}
{{Infobox person
| fame = Grand Ayatollah Yousef Saanei
| name = Yousef Saanei
| birth = 1316 SH
| death = 1399 SH
| image = Yousef_Saanei.jpg
| image_size =
| image_caption =
| position = Shia Marja' al-Taqlid
| madhhab =
| nationality = Iran
| field_of_specialization = Fiqh and Usul al-Fiqh
| works_in_contemporary_jurisprudence = Fiqh and Life Series
| opinions =
| teachers =
| students =
| website = https://saanei.xyz
}}

*'''Abstract'''
'''Yousef Saanei''' (in Persian: [[:fa:یوسف_صانعی|یوسف صانعی]]), was a Shia Faqih who held fatwas differing from the consensus of jurists, particularly in areas such as [[Fiqh of Women]] and the [[Rights of Non-Muslim Minorities]] in Islamic society. These views faced numerous reactions from traditionalist jurists. By investigating them we can better understand the developments of [[Contemporary Jurisprudence]]. It is said that his approach represents an effort toward the dynamism of Shia Fiqh and responding to new issues while maintaining inferential frameworks.

Relying on five key principles —the [[Principle of Justice (Qa'idat al-Adl)]], taking priority of the Quran over Hadiths, the revision of evidence based on contemporary needs, the [[Principle of No-Hardship (Nafi al-Haraj)]], and non-commitment to consensus (Ijma') and popularity (Shuhrat)— Sa'anei proceeded to derive rulings that differed from popular jurisprudential fatwas in cases such as the [[Equality of Blood Money for Men and Women|equality of Diya (blood money)]] and [[Equality of Retribution for Men and Women|Qisas (retribution)]] between men and women, the permissibility of [[Women's Judgeship|judgeship]] and [[Women's Marja'iyyah|religious authority (Marja'iyyah) for women]], the [[Puberty of Girls|attainment of puberty for girls]] at age 13, the [[Equality of Testimony for Men and Women|equality of testimony between men and women]], and the [[Mahramiyyah of the Adopted Child|Mahramiyyah of adopted children]].

According to Sa'anei's fatwas, the permissibility of [[Polygyny|polygyny]] is conditional upon the acceptance and consent of the first wife; he even considers marriage without consent that involves the harassment of the first wife as impermissible and void (batil). He also considers the legitimacy of [[Temporary Marriage (Nikah al-Mut'ah)|temporary marriage]] to be limited only to emergency and exceptional cases, such as long wars. Sa'anei considered "conventional justice" (al-adl al-urfi) to be the basis for many rulings and believed that the Legislator (Shari') has delegated the identification of instances of justice to convention (Urf).

== Academic and Political Biography ==
Yousef Saanei was an Iranian Shia Mujtahid known for fatwas that differed from the consensus of the Shia jurists of his era. He was born in 1316 SH in Isfahan and passed away in 1399 SH in the city of Qom. He began his studies at the Isfahan Seminary (1325 SH) and completed them at the Qom Seminary (from 1330 SH). In Qom, he benefited from masters such as [[Sayyid Husayn Tabataba'i Borujerdi|Sayyid Husayn Borujerdi]], [[Sayyid Muhammad Muhaqqiq Damad]], and [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], and he began teaching Kharij al-Fiqh in 1354 SH. Some of his jurisprudential works include: Resalah Tawdih al-Masa'il, Manasik al-Hajj, Majma' al-Masa'il, Muntakhab al-Ahkam, Medical Istifta'at, Misbah al-Muqallidin, Ahkam al-Banuan (Rulings for Women), and Kitab al-Talaq.<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 53-55.</ref>

Sa'anei's revolutionary activities prior to the 1979 Islamic Revolution involved efforts in cultural and promotional dimensions, such as issuing political declarations and statements.<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, p. 93.</ref> Following the Islamic Revolution, his record includes membership in the Guardian Council, the Prosecutor General's office, membership in the Society of Seminary Teachers of Qom, membership in the Assembly of Experts, and the [[Expediency Discernment Council]].<ref>A group of students, The Innovative Faqih; Narrative of the life of the Faqih of the Ahl al-Bayt (AS), Grand Ayatollah Sa'anei, pp. 114-126.</ref>

== Specific Jurisprudential Fatwas ==
Certain jurisprudential foundations and specific opinions of Yousef Saanei have always been subjects of discussion and controversy; including the [[Puberty of Girls|puberty of girls]] at age 13, the [[Women Leaving the House Without the Husband's Permission|permissibility of a woman leaving the house without the husband's permission]], the [[Equality of Retribution|equality of Qisas]] and [[Equality of Blood Money for Men and Women|Diya between men and women]], the possibility of [[Women's Judgeship|women's judgeship]], the lack of the male-gender requirement in [[Women's Marja'iyyah|Marja'iyyah]] and [[Women's Guardianship (Wilayah)|Wilayah]], the [[Guardianship of the Mother|natural guardianship of the mother over the child after the father]], the restriction of the prohibition of music and singing (Ghina) to its [[Content-based Prohibition of Ghina|content-based prohibition]], the [[Purity of Non-Belligerent Infidels|ritual purity (taharah) of non-belligerent kafirs]], the restriction of the prohibition of Riba (usury) to consumptive Riba rather than [[Productive Riba|productive Riba]], [[Retribution of a Muslim for a Kafir|Qisas of a Muslim for a Kafir]], the possibility of [[Inheritance of a Non-Muslim from a Muslim|inheritance of a non-Muslim from a Muslim]], and the [[Mahramiyyah of the Adopted Child|Mahramiyyah of adopted children]].

Sa'anei prioritized conventional justice over many Islamic rulings and believed in the [[Human Dignity|inherent dignity of every human being]], regardless of their beliefs. A series of booklets by Sa'anei has been published under the title [[Fiqh and Life (Book)|Fiqh and Life]], in each of which he explains the reasons for his fatwas.

In Sa'anei's view, the permissibility of polygyny is conditional upon the requirement that the second marriage does not cause harm to the first wife and is not conventionally considered reprehensible or offensive, but rather meets her acceptance and consent. Relying on the verse [[Surah An-Nisa, Verse 19|“And live with them honorably”]] (Nisa, 19), Sa'anei argues that a second marriage without the consent of the first wife and which causes her distress is not permissible (taklifan) and is void (wadh'an/batil).<ref>[https://saanei.xyz/?view=01,02,48,378,0 “Interview with Ayatollah Sa'anei regarding the Family Protection Bill”], Information Portal of Ayatollah Sa'anei.</ref> Also, in his view, the legitimacy of temporary marriage is limited only to emergency and exceptional cases such as long wars, and promoting it as a solution alongside permanent marriage not only does not prevent corruption but, by endangering the family unit and promoting licentiousness, leads society toward collapse. Sa'anei's primary solution for addressing the challenges of the youth is the removal of economic and cultural barriers and the facilitation of permanent marriage, rather than resorting to temporary marriage.<ref>[https://saanei.xyz/?view=01,05,13,309,0 “Temporary Marriage and its Conditions and Limits”], Information Portal of Ayatollah Sa'anei.</ref>

== Jurisprudential Principles and Rules ==
The principles and rules by which Sa'anei's jurisprudential fatwas were derived consist of five influential principles: the [[Principle of Justice (Qa'idat al-Adl)]], special attention to the Quran, revision of evidence based on contemporary requirements, the [[Principle of No-Hardship (Qa'idat al-La Haraj)]], and opposition to consensus (Ijma') and popularity (Shuhrat). Sa'anei's fatwas, although innovative, do not fall outside the framework of jurisprudential inferences, even if they present some relatively new principles.

=== Principle of Justice (Qa'idat al-Adl) ===
The Principle of Justice is one of the important and influential rules in Sa'anei's practice of Fiqh.<ref>Sa'anei, An Approach to Women's Rights, pp. 166-167.</ref> According to this rule, a ruling that contradicts justice is not issued by the Sacred Legislator, and religious sources such as the Quran and Sunnah serve to express the general criteria and standards of justice and oppression, while delegating the determination of instances and details to convention (Urf) and social reason (Aql). The Legislator places convention in the position of judgment and is itself committed to the judgment of convention, except in cases where there is an explicit religious text (Nass) to the contrary. The jurist and Mujtahid, in the position of inference, must adapt religious criteria to the convention of their time and, in issuing a fatwa, take the judgment of convention as the criterion. If the rational convention of society considers something to be oppression, the jurist cannot present it as justice, and vice versa; unless a definitive religious text exists.<ref>Qabil (Jami), The Principle of Justice and the Negation of Oppression, 147-174.</ref>

Citing verses such as [[Surah An-Nahl, Verse 90|“Indeed, Allah orders justice”]] (Nahl, 90) and other verses ([[Surah Al-An'am, Verse 115|An'am, 115]], [[Surah Fussilat, Verse 46|Fussilat, 46]], and [[Surah An-Nisa, Verse 40|Nisa, 40]], [[Surah Ghafir, Verse 31|Ghafir, 31]]), Sa'anei believes that the system of God's commands is organized within the framework of justice and that the standard of every religious command is justice. Therefore, if the conventional understanding of justice is incompatible with the generalities or absolutes of narrations or with the text of a narration of non-definitive origin (Zanni al-Sudur), then according to the aforementioned verses and the priority of the Quran over narrations and the command to discard narrations contrary to the Quran,<ref>Kulayni, Al-Kafi, vol. 1, pp. 69-70.</ref> the conventional understanding takes precedence, and narrations containing an unjust ruling (from the perspective of Urf) are discarded or interpreted (Ta'wil).<ref>Sa'anei, An Approach to Women's Rights, pp. 166-167; Ali-Akbarian, The Principle of Justice in Imami Fiqh, pp. 260-274.</ref>

Sa'anei utilized this rule in his fatwas; for example, he does not accept the absolute nature of evidence regarding the man's right to divorce and considers cases such as divorce without reason by the man or the man's refusal to divorce in Khul' divorce (when the woman is averse and has gifted or returned the dowry) as oppressive from the conventional perspective. This is because, conventionally, depriving the woman of choice and granting absolute choice to the man based solely on gender is unjust; therefore, one must abandon the absolute application of the narration "Divorce is in the hand of the one who takes the leg,"<ref>Sa'anei, An Approach to Women's Rights, pp. 552-553.</ref> noting that some early scholars such as Ibn Zuhrah al-Halabi<ref>Ibn Zuhrah al-Halabi, Ghunyat al-Nuzu' ila Ilmay al-Usul wa al-Furu', p. 375.</ref> and Shaykh al-Tusi<ref>Tusi, Al-Nihayah fi Mujarrad al-Fiqh wa al-Fatawa, p. 529.</ref> also considered divorce in Khul' to be obligatory for the man.

Another example is the rejection of the blood money (Diya) of a woman being half; Sa'anei considers this ruling unjust from a conventional perspective given the equality of men and women in human identity and social and economic rights (confirmed by reason, the Book, and the Sunnah), and believes that narrations indicating the halving of a woman's Diya are discarded due to their contradiction with justice (the Quranic standard for rulings).<ref>Sa'anei, Equality of Diya, pp. 62-64.</ref>

=== Special Attention to the Holy Quran ===
One of Sa'anei's primary foundations is the prioritization of the Quran. He utilizes the foundational rule of the precedence of the Quranic texts of definitive origin (Qat'i al-Sudur) over the narrations of non-definitive origin (Zanni al-Sudur)<ref>Na'ini, Ajwad al-Taqrirat, vol. 1, p. 505.</ref> in the issue of Qisas. He cites two verses: [[Surah Al-Ma'idah, Verse 45|“And We ordained for them therein a life for a life...”]] (Ma'idah, 45) and [[Surah Al-Baqarah, Verse 178|“Prescribed for you is legal retribution for those murdered - the free for the free, the slave for the slave, and the female for the female”]] (Baqarah, 178) and considers their indication of equal Qisas for men and women to be clear and explicit (Nass). Therefore, he considers acting upon narrations that make the Qisas of a woman for a man conditional on the payment of half the man's Diya to be problematic due to their explicit contradiction with the Quran.<ref>Sa'anei, Equality of Qisas, p. 43; cf. Mehrpour, Issues in Women's Rights, pp. 248-249.</ref>

Regarding [[Women's Testimony]], Sa'anei focuses on the verse [[Surah Al-Baqarah, Verse 282|“And if there are not two men [available], then a man and two women... so that if one of them errs, the other can remind her”]] (Baqarah: 282). Drawing an inference from the verse, he concludes that the ruling of two women's testimony being equivalent to one man's is, firstly, restricted to financial matters (debt) and, secondly, is not permanent and inclusive of all women. This is because, according to scholars of Usul, if a cause (Illah) is mentioned alongside a ruling and a matter appears as the cause, the ruling revolves around that cause.<ref>Allamah al-Hilli, Nihayat al-Wusul ila Ilm al-Usul, vol. 2, p. 201; Najmabadi, Al-Usul, vol. 1, p. 508.</ref> In his view, the cause in this verse is "the forgetfulness of one woman and the need for the other to remind her," which related to the social conditions of women at the time of revelation (lack of social presence and weakness in financial calculations). Since women today have a prominent presence in social fields and are precise in financial calculations, their testimony in court is equal to that of men because the problem of forgetfulness has been negated.<ref>Sa'anei, Women's Testimony in Islam, pp. 57-59.</ref>

=== Revision of Evidence Based on Modern Conditions ===
According to Sa'anei, the dynamism of Fiqh is tied to the "revision of evidence"; this revision does not mean changing or discarding evidence or imposing external beliefs upon it, but rather presenting new questions to the texts and interrogating them for answers suited to these questions. This process is committed to the standard rules of Usul al-Fiqh and does not necessarily lead to Ijtihad in Usul; rather, using the same common methodology, it places the branches (Furu') into a new inferential process and arrives at different fatwas. For example, in the issue of the [[Puberty of Girls]], the revision of evidence led him to maintain 13 years of age as an independent criterion for puberty.

Sa'anei divides the narrations indicating the puberty of girls at 9 years into three categories: 1. Absolute narrations referring to 9 years, 2. Narrations paired with other signs such as menstruation, and 3. Narrations explicitly specifying 9 years due to menstruation: "Because when a girl reaches nine years, she menstruates."<ref>Kulayni, Al-Kafi, vol. 7, p. 69.</ref> Sa'anei infers from this set that 9 years is a "pointing title" (unwan mushir) and lacks inherent subject-matter significance; because the first category of narrations is restricted by the second and third categories, and based on the third category, menstruation is the cause and subject of puberty. Therefore, if a 9-year-old girl does not menstruate, she is not considered mature (baligh). Relying on a reliable (muwaththaq) narration, he considers 13 years as another independent criterion for puberty.<ref>Sa'anei, Puberty of Girls, pp. 11-43.</ref>

In support of this view, some contemporary writers also believe that the narrations of puberty (with different ages of 9, 10, and 13) were issued from the Infallible's capacity of branch-derivation (tafri')—explaining specific instances of a general rule—rather than the capacity of legislation (tashri'); since the main criterion is menstruation and the specific age (like 9 years) was an instance suited to the conditions of the time of issuance and is not absolutely binding in Fiqh.<ref>Ziya'ifar, Philosophy of the Science of Fiqh, vol. 1, pp. 392-394.</ref>

=== Opposition to Consensus and Popularity ===
Yousef Saanei is among the jurists who, relying on evidence, issue fatwas without fear of contradicting consensus (Ijma') or popular opinion (Shuhrat). His specific fatwas, including the permissibility of [[Women's Marja'iyyah|Women's Marja'iyyah]] and [[Women's Judgeship|Judgeship]], [[Equality of Blood Money for Men and Women|Equality of Diya]], and [[Equality of Retribution for Men and Women|Equality of Qisas]], are examples of this approach. In the issue of women's religious authority, he relies on the [[Conduct of the Rational (Sirat al-Uqala)]] and the judgment of reason (the referral of the ignorant to the scholar without difference between man and woman) and, by ignoring the claimed consensus, does not consider being male a condition for Marja'iyyah, judgeship, or Wilayah.<ref>Sa'anei, An Approach to Women's Rights, pp. 258-259.</ref>

Sa'anei often considers consensuses to be "evidence-based" (madraki, i.e., based on existing proofs) and, by critiquing those proofs, considers consensus to lack independent validity. For example, regarding the [[Guardianship of the Mother]], after disputing the transmitted consensus, he states: "If we accept the consensus, it is most likely based on narrations and is an evidence-based consensus; thus it is not a proof (hujjah)."<ref>Sa'anei, Guardianship of the Mother, p. 62.</ref> This method removes the boundary between the inference of a ruling and the issuance of a fatwa; unlike jurists who consider consensus invalid in the position of inference but act with precaution (ihtiyat) in the position of fatwa (presenting their view to followers) and do not issue fatwas contrary to popular views.

=== Principle of No-Hardship (Nafi al-Haraj) ===
Another frequently used rule in Yousef Saanei's Fiqh is the [[Principle of No-Hardship (Nafi al-Haraj)]]. From his perspective, this rule is a definitive ruling, but its breadth or narrowness is decisive. The basis of Sharia is established on the negation of difficulty and hardship (usr wa haraj), and "hardship" (haraj) is a conventional concept that lacks an independent religious definition, with convention being the criterion for identifying its instances. The principle of ease and facilitation in religion is a governing criterion and can even be used as a preference (murajjih) in the conflict of narrations.<ref>Sa'anei, An Approach to Women's Rights, p. 205.</ref>

His fatwa on the [[Mahramiyyah of the Adopted Child]] is a clear example of this approach. In response to a question about making a child mahram who was taken from welfare services and whose age has passed the nursing (radha') period, he states: the customary religious ways (nursing or marriage contract) are not possible in these cases; however, given that caring for helpless children is a recommended and desirable act (birr and ihsan) leading to "otherworldly reward and happiness in both worlds," the hardship and difficulty resulting from being non-mahram after the child's puberty (such as the problem of informing the child about the real parents, the spiritual suffering from childlessness, and the disruption of normal life) removes the prohibition of looking (nazar). Citing the principle that "Islam is a religion of ease and facility," he considers such hardship a justification for removing the prohibitory ruling (hukm taklifi).<ref>Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Sa'anei from the Perspective of Others, pp. 166-168.</ref> Prior to him, no jurist had so explicitly removed the prohibition of looking based on hardship.

== Critics and Opponents ==
The specific jurisprudential fatwas of Yousef Saanei have drawn widespread criticism. The Society of Seminary Teachers of Qom, following a question regarding his Marja'iyyah, wrote: "The Society of Seminary Teachers of Qom, based on investigations conducted over the past year and after numerous meetings, has reached the conclusion that he lacks the necessary criteria for occupying the position of Marja'iyyah."<ref>[https://jameehmodarresin.org/1139/849/ “Opinion of the Society of Seminary Teachers of Qom regarding the Marja'iyyah of Mr. Hajj Shaykh Yousef Saanei”], Society of Seminary Teachers of Qom.</ref> At the same time, the Farda website claimed it had inquired about the opinions of other Maraja' offices regarding Yousef Saanei's Marja'iyyah; in this regard, the office of the Supreme Leader reminded of the need to refer to one of the Maraja' without an explicit answer, while other Maraja' offices did not consider the issuance of this statement sufficient to disqualify him from Marja'iyyah.<ref>Opinions of the Maraja' Offices regarding the followers of Ayatollah Sa'anei, Khabar Online.</ref> The Assembly of Teachers and Researchers of the Qom Seminary also issued a statement expressing regret over this action.<ref>[http://majmaqom.ir/بیانیه-ها-و-اطلاعیه-ها/99 “Number 99: The Status of Marja'iyyah in the Seminaries”], Website of the Assembly of Teachers and Researchers of the Qom Seminary.</ref>

Books and articles have been written in criticism of Yousef Saanei's jurisprudential views, including:

"Guarding Jurisprudence; A Critique of Ayatollah Sa'anei's Jurisprudential Views," by Husayn Hashemian, Ali-Asghar Hematian Sadrollahi Damghani, and Mahmoud Moqaddami, Tehran, Vosough, 1387 SH.
"Rereading the Jurisprudential and Political Views of Ayatollah Sa'anei," by Omid Hosseini, Tehran, Center for Islamic Revolution Document Center, 1392 SH.
"Defense of Islamic Fiqh and Politics," by Sayyid Muhammad Baqir Hasheminia, Tehran, Vosough, 1386 SH.
"Examination and Critique of the Evidence for Ayatollah Sa'anei's Theory on the Equality of Diya for Muslim Men and Women," Contemporary Comparative Law Studies, by Muhammad Ibrahim-Nezhad, No. 7, 1395 SH.
"Critique and Review: Contemporary Jurisprudential Innovations according to Jurisprudential and Ijtihadi Standards," by Mahdi Nikouei, Tehran, Athar-e Amin, 1385 SH.
"Critique of Productive Riba," Ahl al-Bayt (AS) Fiqh Journal, by Reza Mohammadi Karaji, No. 58-59, 1388 SH.

Some of the criticisms of Sa'anei focus on his jurisprudential foundations and, in fact, reject them in terms of the major premise (kubra); such as the critiques aimed at the Principle of Justice.<ref>Ali-Akbarian, The Principle of Justice in Imami Fiqh, pp. 60-73.</ref> Other criticisms relate to the application of jurisprudential subjects to the aforementioned principles and are raised in terms of the minor premise (sughra); such as the criticism regarding the Mahramiyyah of adopted children, where the existence of hardship in this issue was not accepted.<ref>Shariati-Nasab, Mahramiyyah in Adoption, pp. 241-242.</ref>

Despite the critiques and opposition to Sa'anei's jurisprudential opinions, some of his critics maintain that his jurisprudential views cannot be called heresy (bid'ah); because not every innovation is bid'ah, and the condition for calling a view bid'ah is that, firstly, it must be presented as a part of religion, and secondly, no specific or general proof can be established for it from valid religious sources.<ref>Turayhi, Majma' al-Bahrayn, vol. 4, pp. 298-299; Raghib, Mufradat Alfadh al-Quran, p. 111.</ref>

== Footnotes ==
{{Footnotes}}
== References ==
{{References}}
* A group of his students, The Innovative Faqih: Narrative of the life of the Faqih of the Ahl al-Bayt (AS): Grand Ayatollah Sa'anei, Qom, Fiqh al-Thaqalayn Cultural-Artistic Institute, 1393 SH.
* Ali-Akbarian, Hassan-Ali, The Principle of Justice in Imami Fiqh, Qom, Research Institute of Islamic Sciences and Culture, 1386 SH.
* Allamah al-Hilli, Hasan ibn Yusuf, Nihayat al-Wusul ila Ilm al-Usul, Qom, Imam Sadiq Institute (AS), 1425 AH.
* Ardabili, Ahmad, Majma' al-Fa'idah wa al-Burhan fi Sharh Irshad al-Adh-han, Qom, Islamic Publications Office affiliated with the Society of Seminary Teachers of Qom, 1403 AH.
* Husayni Firuzabadi, Murtadha, Inayat al-Usul fi Sharh Kifayat al-Usul, Qom, Firuzabadi Bookstore, 1400 AH.
* Ibn Zuhrah al-Halabi, Hamzah ibn Ali Husayni, Ghunyat al-Nuzu' ila Ilmay al-Usul wa al-Furu', Qom, Imam Sadiq Institute (AS), 1417 AH.
* [https://saanei.xyz/?view=01,02,48,378,0 “Interview with Ayatollah Sa'anei regarding the Family Protection Bill”], Information Portal of Ayatollah Sa'anei.
* Kulayni, Muhammad ibn Ya'qub, Al-Kafi, Tehran, Dar al-Kutub al-Islamiyah, 1407 AH.
* Mehrpour, Husayn, Issues in Women's Rights, Tehran, Ettela'at, 1379 SH.
* Na'ini, Muhammad Husayn, Ajwad al-Taqrirat, Qom, Matba'at al-Irfan, 1352 AH.
* Najmabadi, Abolfazl, Al-Usul, Qom, Grand Ayatollah Borujerdi Institute for the Publication of Ahl al-Bayt Teachings, 1380 SH.
* Nur al-Thaqalayn Cultural and Artistic Institute, Mirror of Opinion: Grand Ayatollah Sa'anei from the Perspective of Others, Qom, Fiqh al-Thaqalayn, 1394 SH.
* [https://www.khabaronline.ir/news/34457/ “Opinion of the Maraja' Offices regarding the followers of Ayatollah Sa'anei / The opinion of followers takes precedence over the opinion of the Society of Seminary Teachers”], Khabar Online Website, January 4, 2010 (14 Dey 1388 SH).
* [https://jameehmodarresin.org/1139/849/ “Opinion of the Society of Seminary Teachers of Qom regarding the Marja'iyyah of Mr. Hajj Shaykh Yousef Saanei”], Society of Seminary Teachers of Qom.
* Qabil (Jami), Hadi, The Principle of Justice and the Negation of Oppression along with an Interview with Grand Ayatollah Sa'anei, Qom, Fiqh al-Thaqalayn, 1390 SH.
* Raghib Isfahani, Husayn, Mufradat Alfadh al-Quran, Beirut, Dar al-Qalam - al-Dar al-Shamiyyah, 1412 AH.
* Saanei, Yousef, An Approach to Women's Rights, Qom, Fiqh al-Thaqalayn Publications, 1397 SH.
* Saanei, Yousef, Equality of Diya, Qom, Fiqh al-Thaqalayn Publications, 1384 SH.
* Saanei, Yousef, Equality of Qisas, Qom, Fiqh al-Thaqalayn, 1383 SH.
* Saanei, Yousef, Guardianship of the Mother, Qom, Fiqh al-Thaqalayn, 1384 SH.
* Saanei, Yousef, Majma' al-Masa'il Istifta'at, Qom, Meysam-e Tammar Publications, 1386 SH.
* Saanei, Yousef, Puberty of Girls, Qom, Fiqh al-Thaqalayn, 1385 SH.
* Saanei, Yousef, Resalah Tawdih al-Masa'il, Qom, Meysam-e Tammar Publications, 1392 SH.
* Saanei, Yousef, Women's Testimony in Islam, Qom, Fiqh al-Thaqalayn, 1388 SH.
* Shariati-Nasab, Sadiq, Mahramiyyah in Adoption, Journal of Legal Research, No. 66, 1393 SH.
* Shaykh Ansari, Murtadha, Fara'id al-Usul, Qom, Islamic Publishing Institute, 1416 AH.
* Shaykh Tusi, Muhammad ibn Hasan, Al-Nihayah fi Mujarrad al-Fiqh wa al-Fatawa, Beirut, Dar al-Kitab al-Arabi, 1400 AH.
* Sistani, Sayyid Ali, Minhaj al-Salihin, Qom, Office of Grand Ayatollah Sistani, 1417 AH.
* Tabrizi, Jawad, Minhaj al-Salihin, Qom, Majma' al-Imam al-Mahdi (AJ), 1426 AH.
* [https://saanei.xyz/?view=01,05,13,309,0 “Temporary Marriage and its Conditions and Limits”], Information Portal of Ayatollah Sa'anei.
* [http://majmaqom.ir/بیانیه-ها-و-اطلاعیه-ها/99 “Number 99: The Status of Marja'iyyah in the Seminaries”], Website of the Assembly of Teachers and Researchers of the Qom Seminary, January 9, 2011 (19 Dey 1389 SH).
* Turayhi, Fakhruddin, Majma' al-Bahrayn, Tehran, Mortazavi, 1375 SH.
* Ziya'ifar, Sa'id, Philosophy of the Science of Fiqh, Qom, Seminary and University Research Institute, 1397 SH.
{{End}}

[[Category:Biographical Articles]]
[[fa:یوسف صانعی]]
[[Category:Contemporary Jurisprudence Articles]]

Sayyid Mahmoud Hosseini Shahroudi

2026-05-25T05:43:44Z

M.zandi:

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{{Infobox person
| reputation = Sayyid Mahmoud Hosseini Shahroudi
| name = Sayyid Mahmoud Hosseini Shahroudi
| birth = 1301 AH (1262 SH)
| death = 1394 AH (1353 SH)
| image = Sayyid_Mahmoud_Hosseini_Shahroudi.jpg
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| image_caption =
| position = Marja' al-Taqlid
| religion = Shia
| nationality = Iranian
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| views = Makruhness (reprehensibility) of painting and photography of the face
| teachers = [[Akhund Khorasani]], [[Muhammad Husayn Gharavi Na'ini|Mirza al-Na'ini]], [[Aqa Diya' Iraqi]]
| students = [[Sayyid Muhammad Hosseini Shahroudi]]
| website =
}}
'''Sayyid Mahmoud Hosseini Shahroudi''' (in Persian: [[:fa:سید_محمود_حسینی_شاهرودی|سید محمود حسینی شاهرودی]]) was one of the Shia religious authorities (Maraji' al-Taqlid) in the fourteenth century AH (twentieth century AD). He was a student of [[Akhund Khorasani]], [[Mirza Mohammad-Hossein Gharavi Na'ini]], and Aqa Diya' Iraqi. Following the death of [[Sayyid Abu al-Hasan Musawi Isfahani|Sayyid Abu al-Hasan Isfahani]] (d. 1365 AH), lots of Shiite followed him in the jurisprudential issues (Taqlid).<ref>Hosseini Ashkevari, Al-Imam al-Shahroudi, pp. 13, 31, and 42.</ref>

During the period of Sayyid Mahmoud Hosseini Shahroudi's authority, specifically the first half of the fourteenth century SH, emerging issues (al-masa'il al-mustahdatha) such as radio, gramophones, modern music, usurious banking, photography and film, elections, the political situation in Iran and Iraq, and certain rulings related to the Hajj and the ''Ba'tha'' (Hajj delegation) were brought up and were addressed in his fatwas and inquiries (istifta'at) of the followers, as well as those of other Maraji' of that era. However, despite receiving many inquiries daily and establishing a council of inquiries (Majlis al-Istifta') that addressed emerging issues,<ref>Hosseini Ashkevari, Al-Imam al-Shahroudi, p. 61.</ref> his jurisprudential views and foundations have not been properly or completely recorded and published.

His treatise of practical jurisprudence (risala 'amaliyya) does not report the edict of many contemporary issues, except for cases such as: the lack of father's guardianship (wilayah) in the [[Marriage of a mature virgin girl|marriage of a mature virgin girl]] and the recommendation to seek permission from the father or paternal grandfather,<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 380.</ref> the permissibility of [[bank prizes]],<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 457.</ref> and the makruhness (reprehensibility) of [[photography]] and [[painting human's face]].<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 458.</ref> He also considers [[non-alcoholic beer|Maa al-Sha'ir]] (barley water)<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 19.</ref> and [[industrial alcohol]] to be pure (tahir) provided they are not intoxicants.<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 18.</ref>

Two books, the Glosses on the book "al-Urwat al-Wuthqa" and the Glosses on the book "Wasilat al-Najat," express his fatwas.<ref>Hosseini Ashkevari, Al-Imam al-Shahroudi, p. 47; "Nujum-e Ummat 20," p. 70.</ref> The books "Yanabi' al-Fiqh" concerning prayer (Salat) and "Nata'ij al-Afkar fi al-Usul," are his advanced lectures adjusted (taqrir) and authored by Sayyid Muhammad Ja'far Jaza'iri.<ref>Jaza'iri, Yanabi' al-Fiqh, introduction, p. 5; Hosseini Shahroudi, Nata'ij al-Afkar fi al-Usul, vol. 1, introduction, p. 8.</ref> A commemoration congress for Sayyid Mahmoud Hosseini Shahroudi titled "Alam Dhu al-Shahadatayn" was held on July 8, 2021 (17 Tir 1400 SH) in Shahroud, where some works were published to introduce him.<ref>See: "Alam Dhu al-Shahadatayn".</ref>

The books written about him have attended to his social and political activities more than his scholarly efforts and praised ethics and virtues; those activities include: providing livelihood and medical support in the Islamic seminaries<ref>Hosseini Ashkevari, Al-Imam al-Shahroudi, pp. 94 and 95; "Alam Dhu al-Shahadatayn".</ref> and the establishment of the first Hajj delegation (Ba'tha) of the Shia religious authority since 1967 (1346 SH), which subsequently became a model for other religious authorities.<ref>"Alam Dhu al-Shahadatayn," Ofogh-e Hawzah, p. 6.</ref>

According to documents and research reports, Sayyid Mahmoud Hosseini Shahroudi took stances on certain events during the struggles of the Islamic Movement of Iran in Najaf; such as opposition to the Provincial and District Councils Bill, condemning the Pahlavi regime's assault on the Feyziyeh School on March 22, 1963 (2 Farvardin 1342 SH), condemning the crimes of the Pahlavi regime on June 5, 1963 (15 Khordad 42), and taking a stand against the exile of [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]].<ref>Qasempour, The Life and Struggles of Ayatollah al-Uzma Sayyid Mahmoud Hosseini Shahroudi According to Documents, Tehran, 2009 (1388 SH), pp. 47, 62, 64, 72, and 86; "Alam Dhu al-Shahadatayn," p. 8.</ref>

== Footnotes ==
{{Footnotes}}
== references ==
{{references}}
* "Alam Dhu al-Shahadatayn: Special Issue for the Commemoration Congress of Sayyid Mahmoud Hosseini Shahroudi," Ofoq-e Hawzah (Weekly), Monday, July 5, 2021 (14 Tir 1400).
* Ansarian Khansari, Muhammad Taqi, The Reviver of Arbaeen: Unpublished Memoirs and Documents about the Jurist Dhu al-Shahadatayn Ayatollah al-Uzma Haj Sayyid Mahmoud Hosseini Shahroudi, Qom, Ansarian, 1400 SH/1443 AH.
* Bagheri, Muhammad Mahdi, History of the Life of the Late His Eminence Ayatollah al-Uzma, the Great Shia Marja' Mr. Haj Sayyid Mahmoud Hosseini Shahroudi, Tehran, A'lami, 1376 SH.
* Hosseini Eshkevari, Sayyid Ahmad, Al-Imam al-Shahroudi: Al-Sayyid Mahmoud al-Husseini, Baghdad, Matba'at al-Bayan.
* Hosseini Shahroudi, Mahmoud, Nata'ij al-Afkar fi al-Usul, transcribed by Muhammad Ja'far Jaza'iri, Qom, Al-e Morteza, first edition, 7 volumes, 1385 SH.
* Hosseini Shahroudi, Mahmoud, Tawdih al-Masa'il, Tehran, Mo'assese-ye Matbu'ati-ye Eftekhaarian, 1348 SH/1390 AH.
* Jaza'iri, Muhammad Ja'far, Yanabi' al-Fiqh: Transcripts of the Lessons of the Teacher of Jurists Ayatollah al-Uzma al-Sayyid Mahmoud al-Husseini al-Shahroudi, Qom, Al-e Morteza, 1399 SH.
* "Nujum-e Ummat 20: The Late Ayatollah al-Uzma Sayyid Mahmoud Shahroudi," Noor-e Elm, no. 23, November 1987 (Aban 1366).
* Qasempour, Davood and Shahin Rezaei, The Life and Struggles of Ayatollah al-Uzma Sayyid Mahmoud Hosseini Shahroudi According to Documents, Tehran, Center for Documents of the Islamic Revolution, 1388 SH.

[[fa:سید محمود حسینی شاهرودی]]
[[Category:Biographical Articles]]
[[Category:Contemporary Jurisprudence Articles]]

Sayyid Mahmoud Hosseini Shahroudi

2026-05-24T14:38:54Z

M.zandi:

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compilation =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| reputation = Sayyid Mahmoud Hosseini Shahroudi
| name = Sayyid Mahmoud Hosseini Shahroudi
| birth = 1301 AH (1262 SH)
| death = 1394 AH (1353 SH)
| image = Sayyid_Mahmoud_Hosseini_Shahroudi.jpg
| image_size =
| image_caption =
| position = Marja' al-Taqlid
| religion = Shia
| nationality = Iranian
| field_of_expertise =
| works_in_contemporary_jurisprudence =
| views = Makruhness (reprehensibility) of painting and photography of the face
| teachers = [[Akhund Khorasani]], [[Muhammad Husayn Gharavi Na'ini|Mirza al-Na'ini]], [[Aqa Diya' Iraqi]]
| students = [[Sayyid Muhammad Hosseini Shahroudi]]
| website =
}}
'''Sayyid Mahmoud Hosseini Shahroudi''' (in Persian: [[:fa:سید_محمود_حسینی_شاهرودی|سید محمود حسینی شاهرودی]]) was one of the Shia religious authorities (Maraji' al-Taqlid) in the fourteenth century AH (twentieth century AD). He was a student of [[Akhund Khorasani]], [[Mirza Mohammad-Hossein Gharavi Na'ini]], and Aqa Diya' Iraqi. Following the death of [[Sayyid Abu al-Hasan Musawi Isfahani|Sayyid Abu al-Hasan Isfahani]] (d. 1365 AH), lots of Shiite followed him in the jurisprudential issues (Taqlid).<ref>Hosseini Ashkevari, Al-Imam al-Shahroudi, pp. 13, 31, and 42.</ref>

During the period of Sayyid Mahmoud Hosseini Shahroudi's authority, specifically the first half of the fourteenth century SH, emerging issues (al-masa'il al-mustahdatha) such as radio, gramophones, modern music, usurious banking, photography and film, elections, the political situation in Iran and Iraq, and certain rulings related to the Hajj and the ''Ba'tha'' (Hajj delegation) were brought up and were addressed in his fatwas and inquiries (istifta'at) of the followers, as well as those of other Maraji' of that era. However, despite receiving many inquiries daily and establishing a council of inquiries (Majlis al-Istifta') that addressed emerging issues,<ref>Hosseini Ashkevari, Al-Imam al-Shahroudi, p. 61.</ref> his jurisprudential views and foundations have not been properly or completely recorded and published.

His treatise of practical jurisprudence (risala 'amaliyya) does not report the edict of many contemporary issues, except for cases such as: the lack of father's guardianship (wilayah) in the [[Marriage of a mature virgin girl|marriage of a mature virgin girl]] and the recommendation to seek permission from the father or paternal grandfather,<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 380.</ref> the permissibility of [[bank prizes]],<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 457.</ref> and the makruhness (reprehensibility) of [[photography]] and [[painting human's face]].<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 458.</ref> He also considers [[non-alcoholic beer|Maa al-Sha'ir]] (barley water)<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 19.</ref> and [[industrial alcohol]] to be pure (tahir) provided they are not intoxicants.<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 18.</ref>

Two books, the Glosses on the book "al-Urwat al-Wuthqa" and the Glosses on the book "Wasilat al-Najat," express his fatwas.<ref>Hosseini Ashkevari, Al-Imam al-Shahroudi, p. 47; "Nujum-e Ummat 20," p. 70.</ref> The books "Yanabi' al-Fiqh" concerning prayer (Salat) and "Nata'ij al-Afkar fi al-Usul," are his advanced lectures adjusted (taqrir) and authored by Sayyid Muhammad Ja'far Jaza'iri.<ref>Jaza'iri, Yanabi' al-Fiqh, introduction, p. 5; Hosseini Shahroudi, Nata'ij al-Afkar fi al-Usul, vol. 1, introduction, p. 8.</ref> A commemoration congress for Sayyid Mahmoud Hosseini Shahroudi titled "Alam Dhu al-Shahadatayn" was held on July 8, 2021 (17 Tir 1400 SH) in Shahroud, where some works were published to introduce him.<ref>See: "Alam Dhu al-Shahadatayn".</ref>

In the works written about him, alongside the mention of his scholarly efforts and his praised ethics and virtues, more attention has been paid to his social and political activities, such as providing livelihood and medical support in the Islamic seminaries<ref>Hosseini Ashkevari, Al-Imam al-Shahroudi, pp. 94 and 95; "Alam Dhu al-Shahadatayn".</ref> and the establishment of the first Hajj delegation (Ba'tha) of the Shia Marja'iyya since 1967 (1346 SH), which subsequently became a model for other Maraji' al-Taqlid.<ref>"Alam Dhu al-Shahadatayn," Ofogh-e Hawzah, p. 6.</ref>

According to documents and research reports, Sayyid Mahmoud Hosseini Shahroudi took stances on certain events during the struggles of the Islamic Movement of Iran in Najaf; such as opposition to the Provincial and District Councils Bill, condemning the Pahlavi regime's assault on the Feyziyeh School on March 22, 1963 (2 Farvardin 1342 SH), condemning the crimes of the Pahlavi regime on June 5, 1963 (15 Khordad 42), and taking a stand against the exile of [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]].<ref>Qasempour, The Life and Struggles of Ayatollah al-Uzma Sayyid Mahmoud Hosseini Shahroudi According to Documents, Tehran, 2009 (1388 SH), pp. 47, 62, 64, 72, and 86; "Alam Dhu al-Shahadatayn," p. 8.</ref>

== Footnotes ==
{{Footnotes}}
== references ==
{{references}}
* "Alam Dhu al-Shahadatayn: Special Issue for the Commemoration Congress of Sayyid Mahmoud Hosseini Shahroudi," Ofoq-e Hawzah (Weekly), Monday, July 5, 2021 (14 Tir 1400).
* Ansarian Khansari, Muhammad Taqi, The Reviver of Arbaeen: Unpublished Memoirs and Documents about the Jurist Dhu al-Shahadatayn Ayatollah al-Uzma Haj Sayyid Mahmoud Hosseini Shahroudi, Qom, Ansarian, 1400 SH/1443 AH.
* Bagheri, Muhammad Mahdi, History of the Life of the Late His Eminence Ayatollah al-Uzma, the Great Shia Marja' Mr. Haj Sayyid Mahmoud Hosseini Shahroudi, Tehran, A'lami, 1376 SH.
* Hosseini Eshkevari, Sayyid Ahmad, Al-Imam al-Shahroudi: Al-Sayyid Mahmoud al-Husseini, Baghdad, Matba'at al-Bayan.
* Hosseini Shahroudi, Mahmoud, Nata'ij al-Afkar fi al-Usul, transcribed by Muhammad Ja'far Jaza'iri, Qom, Al-e Morteza, first edition, 7 volumes, 1385 SH.
* Hosseini Shahroudi, Mahmoud, Tawdih al-Masa'il, Tehran, Mo'assese-ye Matbu'ati-ye Eftekhaarian, 1348 SH/1390 AH.
* Jaza'iri, Muhammad Ja'far, Yanabi' al-Fiqh: Transcripts of the Lessons of the Teacher of Jurists Ayatollah al-Uzma al-Sayyid Mahmoud al-Husseini al-Shahroudi, Qom, Al-e Morteza, 1399 SH.
* "Nujum-e Ummat 20: The Late Ayatollah al-Uzma Sayyid Mahmoud Shahroudi," Noor-e Elm, no. 23, November 1987 (Aban 1366).
* Qasempour, Davood and Shahin Rezaei, The Life and Struggles of Ayatollah al-Uzma Sayyid Mahmoud Hosseini Shahroudi According to Documents, Tehran, Center for Documents of the Islamic Revolution, 1388 SH.

[[fa:سید محمود حسینی شاهرودی]]
[[Category:Biographical Articles]]
[[Category:Contemporary Jurisprudence Articles]]

Sayyid Mahmoud Hosseini Shahroudi

2026-05-24T06:49:12Z

M.zandi:

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compilation =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| reputation = Sayyid Mahmoud Hosseini Shahroudi
| name = Sayyid Mahmoud Hosseini Shahroudi
| birth = 1301 AH (1262 SH)
| death = 1394 AH (1353 SH)
| image = Sayyid_Mahmoud_Hosseini_Shahroudi.jpg
| image_size =
| image_caption =
| position = Marja' al-Taqlid
| religion = Shia
| nationality = Iranian
| field_of_expertise =
| works_in_contemporary_jurisprudence =
| views = Makruhness (reprehensibility) of painting and photography of the face
| teachers = [[Akhund Khorasani]], [[Muhammad Husayn Gharavi Na'ini|Mirza al-Na'ini]], [[Aqa Diya' Iraqi]]
| students = [[Sayyid Muhammad Hosseini Shahroudi]]
| website =
}}
'''Sayyid Mahmoud Hosseini Shahroudi''' (in Persian: [[:fa:سید_محمود_حسینی_شاهرودی|سید محمود حسینی شاهرودی]]) was one of the Shia religious authorities (Maraji' al-Taqlid) in the fourteenth century AH (twentieth century AD). He was a student of [[Akhund Khorasani]], [[Mirza Mohammad-Hossein Gharavi Na'ini]], and Aqa Diya' Iraqi. Following the death of [[Sayyid Abu al-Hasan Musavi Isfahani|Sayyid Abu al-Hasan Isfahani]] (d. 1365 AH), lots of Shiite followed him in the jurisprudential issues (Taqlid).<ref>Hosseini Ashkevari, Al-Imam al-Shahroudi, pp. 13, 31, and 42.</ref>

During the period of Sayyid Mahmoud Hosseini Shahroudi's leadership, specifically the first half of the fourteenth century SH, emerging issues (al-masa'il al-mustahdatha) such as radio, gramophones, modern music, usurious banking, photography and film, elections, the political situation in Iran and Iraq, and certain rulings related to the Hajj and the ''Ba'tha'' (Hajj delegation) were brought up and were addressed in his fatwas and inquiries (istifta'at) of the followers, as well as those of other Maraji' of that era. However, despite receiving many inquiries daily and establishing a council of inquiries (Majlis al-Istifta') that addressed emerging issues,<ref>Hosseini Ashkevari, Al-Imam al-Shahroudi, p. 61.</ref> his jurisprudential views and foundations have not been properly or completely recorded and published.

In his practical treatise (risalah 'amaliyyah), the rulings for many contemporary issues are not recorded, except for cases such as: the lack of guardianship (wilayah) of the father in the [[Marriage of a mature virgin girl|marriage of a mature virgin girl]] and the recommendation to seek permission from the father or paternal grandfather,<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 380.</ref> the permissibility of [[bank prizes]],<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 457.</ref> and the makruhness (reprehensibility) of [[photography]] and [[painting of the face]].<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 458.</ref> He also considers [[non-alcoholic beer|Maa al-Sha'ir]] (barley water)<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 19.</ref> and [[industrial alcohol]] to be pure (tahir) provided they are not intoxicants.<ref>Hosseini Shahroudi, Tawdih al-Masa'il, p. 18.</ref>

Two books, the Glosses on the book "al-Urwat al-Wuthqa" and the Glosses on the book "Wasilat al-Najat," reflect his fatwas.<ref>Hosseini Ashkevari, Al-Imam al-Shahroudi, p. 47; "Nujum-e Ummat 20," p. 70.</ref> The books "Yanabi' al-Fiqh" concerning prayer (Salat) and "Nata'ij al-Afkar fi al-Usul," both authored by Sayyid Muhammad Ja'far Jaza'iri, are transcripts (taqrirat) of his advanced lessons (dars al-kharij).<ref>Jaza'iri, Yanabi' al-Fiqh, introduction, p. 5; Hosseini Shahroudi, Nata'ij al-Afkar fi al-Usul, vol. 1, introduction, p. 8.</ref> A commemoration congress for Sayyid Mahmoud Hosseini Shahroudi titled "Alam Dhu al-Shahadatayn" was held on July 8, 2021 (17 Tir 1400 SH) in Shahroud, where works introducing him were published.<ref>See: "Alam Dhu al-Shahadatayn".</ref>

In the works written about him, alongside the mention of his scholarly efforts and his praised ethics and virtues, more attention has been paid to his social and political activities, such as providing livelihood and medical support in the Islamic seminaries<ref>Hosseini Ashkevari, Al-Imam al-Shahroudi, pp. 94 and 95; "Alam Dhu al-Shahadatayn".</ref> and the establishment of the first Hajj delegation (Ba'tha) of the Shia Marja'iyya since 1967 (1346 SH), which subsequently became a model for other Maraji' al-Taqlid.<ref>"Alam Dhu al-Shahadatayn," Ofogh-e Hawzah, p. 6.</ref>

According to documents and research reports, Sayyid Mahmoud Hosseini Shahroudi took stances on certain events during the struggles of the Islamic Movement of Iran in Najaf; such as opposition to the Provincial and District Councils Bill, condemning the Pahlavi regime's assault on the Feyziyeh School on March 22, 1963 (2 Farvardin 1342 SH), condemning the crimes of the Pahlavi regime on June 5, 1963 (15 Khordad 42), and taking a stand against the exile of [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]].<ref>Qasempour, The Life and Struggles of Ayatollah al-Uzma Sayyid Mahmoud Hosseini Shahroudi According to Documents, Tehran, 2009 (1388 SH), pp. 47, 62, 64, 72, and 86; "Alam Dhu al-Shahadatayn," p. 8.</ref>

== Footnotes ==
{{Footnotes}}
== references ==
{{references}}
* "Alam Dhu al-Shahadatayn: Special Issue for the Commemoration Congress of Sayyid Mahmoud Hosseini Shahroudi," Ofoq-e Hawzah (Weekly), Monday, July 5, 2021 (14 Tir 1400).
* Ansarian Khansari, Muhammad Taqi, The Reviver of Arbaeen: Unpublished Memoirs and Documents about the Jurist Dhu al-Shahadatayn Ayatollah al-Uzma Haj Sayyid Mahmoud Hosseini Shahroudi, Qom, Ansarian, 1400 SH/1443 AH.
* Bagheri, Muhammad Mahdi, History of the Life of the Late His Eminence Ayatollah al-Uzma, the Great Shia Marja' Mr. Haj Sayyid Mahmoud Hosseini Shahroudi, Tehran, A'lami, 1376 SH.
* Hosseini Eshkevari, Sayyid Ahmad, Al-Imam al-Shahroudi: Al-Sayyid Mahmoud al-Husseini, Baghdad, Matba'at al-Bayan.
* Hosseini Shahroudi, Mahmoud, Nata'ij al-Afkar fi al-Usul, transcribed by Muhammad Ja'far Jaza'iri, Qom, Al-e Morteza, first edition, 7 volumes, 1385 SH.
* Hosseini Shahroudi, Mahmoud, Tawdih al-Masa'il, Tehran, Mo'assese-ye Matbu'ati-ye Eftekhaarian, 1348 SH/1390 AH.
* Jaza'iri, Muhammad Ja'far, Yanabi' al-Fiqh: Transcripts of the Lessons of the Teacher of Jurists Ayatollah al-Uzma al-Sayyid Mahmoud al-Husseini al-Shahroudi, Qom, Al-e Morteza, 1399 SH.
* "Nujum-e Ummat 20: The Late Ayatollah al-Uzma Sayyid Mahmoud Shahroudi," Noor-e Elm, no. 23, November 1987 (Aban 1366).
* Qasempour, Davood and Shahin Rezaei, The Life and Struggles of Ayatollah al-Uzma Sayyid Mahmoud Hosseini Shahroudi According to Documents, Tehran, Center for Documents of the Islamic Revolution, 1388 SH.

[[fa:سید محمود حسینی شاهرودی]]
[[Category:Biographical Articles]]
[[Category:Contemporary Jurisprudence Articles]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-24T05:59:22Z

M.zandi: /* Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (An Encyclopedia of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nasi'a) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of father's Guardianship over the Virgin Girl on the Marriage Contract ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (just as the same issue on non-virgin girls); but he strongly emphasized that the virgin girls get permission from the father and paternal grandfather as a precaution.<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>

=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the edict, by [[Muhammad Husayn Kashif al-Ghita']], on permissibility of permanent marriage with a woman of the People of the Book (Ahl al-Kitab) was affected by the fatwa of Sayyid Abu al-Hasan Isfahani. Contrary to the famous opinion of Shia jurists who permit such marriages just in case of temporary ones, this position is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>

=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> This perspective of Isfahani, according to some analyses, demonstrates his concern for being rational and his effort to honour religious rituals (Sha'a'ir) and protect religious rits from distortions and extremism.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>

=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and he most likely tends to avoid painting animals; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also took [[Sleight of hand|sleight of hand]] (i.e. unreal displays facilitated by the speed of movements) as a type of magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>

== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-21T10:56:49Z

M.zandi: /* Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (An Encyclopedia of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nasi'a) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of father's Guardianship over the Virgin Girl on the Marriage Contract ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (just as the same issue on non-virgin girls); but he strongly emphasized that the virgin girls get permission from the father and paternal grandfather as a precaution.<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>

=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the edict, by [[Muhammad Husayn Kashif al-Ghita']], on permissibility of permanent marriage with a woman of the People of the Book (Ahl al-Kitab) was affected by the fatwa of Sayyid Abu al-Hasan Isfahani. Contrary to the famous opinion of Shia jurists who permit such marriages just in case of temporary ones, this position is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>

=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> This perspective of Isfahani, according to some analyses, demonstrates his concern for being rational and his effort to honour religious rituals (Sha'a'ir) and protect religious rits from distortions and extremism.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>

=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and he most likely tend to avoid painting animals; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also took [[Sleight of hand|sleight of hand]] (i.e. unreal displays facilitated by the speed of movements) as a type of magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>

== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-21T07:11:45Z

M.zandi: /* Credible and Documentary Financial Value of Paper Money */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (An Encyclopedia of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nasi'a) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of father's Guardianship over the Virgin Girl on the Marriage Contract ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (just as the same issue on non-virgin girls); but he strongly emphasized that the virgin girls get permission from the father and paternal grandfather as a precaution.<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>

=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the edict, by [[Muhammad Husayn Kashif al-Ghita']], on permissibility of permanent marriage with a woman of the People of the Book (Ahl al-Kitab) was affected by the fatwa of Sayyid Abu al-Hasan Isfahani. Contrary to the famous opinion of Shia jurists who permit such marriages just in case of temporary ones, this position is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>

=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> This perspective of Isfahani, according to some analyses, demonstrates his concern for being rational and his effort to honour religious rituals (Sha'a'ir) and protect religious rits from distortions and extremism.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>

=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and he strongly tend to avoid painting animals; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also took [[Sleight of hand|sleight of hand]] (i.e. unreal displays facilitated by the speed of movements) as a type of magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>

== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-21T07:11:17Z

M.zandi: /* Opposition to Tatbir and Extremism */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (An Encyclopedia of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nesya) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of father's Guardianship over the Virgin Girl on the Marriage Contract ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (just as the same issue on non-virgin girls); but he strongly emphasized that the virgin girls get permission from the father and paternal grandfather as a precaution.<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>

=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the edict, by [[Muhammad Husayn Kashif al-Ghita']], on permissibility of permanent marriage with a woman of the People of the Book (Ahl al-Kitab) was affected by the fatwa of Sayyid Abu al-Hasan Isfahani. Contrary to the famous opinion of Shia jurists who permit such marriages just in case of temporary ones, this position is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>

=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> This perspective of Isfahani, according to some analyses, demonstrates his concern for being rational and his effort to honour religious rituals (Sha'a'ir) and protect religious rits from distortions and extremism.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>

=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and he strongly tend to avoid painting animals; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also took [[Sleight of hand|sleight of hand]] (i.e. unreal displays facilitated by the speed of movements) as a type of magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>

== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-20T17:10:18Z

M.zandi: /* Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (An Encyclopedia of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nesya) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of father's Guardianship over the Virgin Girl on the Marriage Contract ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (just as the same issue on non-virgin girls); but he strongly emphasized that the virgin girls get permission from the father and paternal grandfather as a precaution.<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>

=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the edict, by [[Muhammad Husayn Kashif al-Ghita']], on permissibility of permanent marriage with a woman of the People of the Book (Ahl al-Kitab) was affected by the fatwa of Sayyid Abu al-Hasan Isfahani. Contrary to the famous opinion of Shia jurists who permit such marriages just in case of temporary ones, this position is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>

=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> This perspective of Isfahani, according to some analyses, demonstrates his concern for being rational and his effort to honour religious rits (Sha'a'ir) and protect religious rituals from distortions and extremism.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>

=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and he strongly tend to avoid painting animals; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also took [[Sleight of hand|sleight of hand]] (i.e. unreal displays facilitated by the speed of movements) as a type of magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>

== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-20T17:03:31Z

M.zandi: /* Opposition to Tatbir and Extremism */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (An Encyclopedia of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nesya) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of father's Guardianship over the Virgin Girl on the Marriage Contract ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (just as the same issue on non-virgin girls); but he strongly emphasized that the virgin girls get permission from the father and paternal grandfather as a precaution.<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>

=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the edict, by [[Muhammad Husayn Kashif al-Ghita']], on permissibility of permanent marriage with a woman of the People of the Book (Ahl al-Kitab) was affected by the fatwa of Sayyid Abu al-Hasan Isfahani. Contrary to the famous opinion of Shia jurists who permit such marriages just in case of temporary ones, this position is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>

=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> This perspective of Isfahani, according to some analyses, demonstrates his concern for being rational and his effort to honour religious rits (Sha'a'ir) and protect religious rituals from distortions and extremism.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>

=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and he strongly tend to avoid painting animals; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also regarded [[Sleight of hand|sleight of hand]] (i.e. unreal displays facilitated by the speed of movements) as a type of magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>

== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-20T17:03:12Z

M.zandi: /* Permissibility of Permanent Marriage with Women of the People of the Book */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (An Encyclopedia of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nesya) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of father's Guardianship over the Virgin Girl on the Marriage Contract ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (just as the same issue on non-virgin girls); but he strongly emphasized that the virgin girls get permission from the father and paternal grandfather as a precaution.<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>

=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the edict, by [[Muhammad Husayn Kashif al-Ghita']], on permissibility of permanent marriage with a woman of the People of the Book (Ahl al-Kitab) was affected by the fatwa of Sayyid Abu al-Hasan Isfahani. Contrary to the famous opinion of Shia jurists who permit such marriages just in case of temporary ones, this position is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>

=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia Islam.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> This perspective of Isfahani, according to some analyses, demonstrates his concern for being rational and his effort to honour religious rits (Sha'a'ir) and protect religious rituals from distortions and extremism.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>

=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and he strongly tend to avoid painting animals; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also regarded [[Sleight of hand|sleight of hand]] (i.e. unreal displays facilitated by the speed of movements) as a type of magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>

== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-20T17:01:12Z

M.zandi: /* Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (An Encyclopedia of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nesya) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of father's Guardianship over the Virgin Girl on the Marriage Contract ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (just as the same issue on non-virgin girls); but he strongly emphasized that the virgin girls get permission from the father and paternal grandfather as a precaution.<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>

=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the fatwa, by [[Muhammad Husayn Kashif al-Ghita']], on permissibility of permanent marriage with a woman of the People of the Book (Ahl al-Kitab) was affected by the fatwa of Sayyid Abu al-Hasan Isfahani. Contrary to the famous opinion of Shia jurists who permit such marriages just in case of temporary ones, this position is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>

=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia Islam.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> This perspective of Isfahani, according to some analyses, demonstrates his concern for being rational and his effort to honour religious rits (Sha'a'ir) and protect religious rituals from distortions and extremism.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>

=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and he strongly tend to avoid painting animals; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also regarded [[Sleight of hand|sleight of hand]] (i.e. unreal displays facilitated by the speed of movements) as a type of magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>

== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-20T14:25:59Z

M.zandi: /* Opposition to Tatbir and Extremism */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (An Encyclopedia of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nesya) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of father's Guardianship over the Virgin Girl on the Marriage Contract ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (just as the same issue on non-virgin girls); but he strongly emphasized that the virgin girls get permission from the father and paternal grandfather as a precaution.<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>

=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the fatwa, by [[Muhammad Husayn Kashif al-Ghita']], on permissibility of permanent marriage with a woman of the People of the Book (Ahl al-Kitab) was affected by the fatwa of Sayyid Abu al-Hasan Isfahani. Contrary to the famous opinion of Shia jurists who permit such marriages just in case of temporary ones, this position is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>

=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia Islam.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> This perspective of Isfahani, according to some analyses, demonstrates his concern for being rational and his effort to honour religious rits (Sha'a'ir) and protect religious rituals from distortions and extremism.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>

=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and based on the stronger opinion (Aqwa), painting animals must also be avoided; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also annexed [[Sleight of hand|sleight of hand]] (unreal displays facilitated by the speed of movements) to magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>
== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-20T13:53:49Z

M.zandi: /* Permissibility of Permanent Marriage with Women of the People of the Book */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (An Encyclopedia of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nesya) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of father's Guardianship over the Virgin Girl on the Marriage Contract ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (just as the same issue on non-virgin girls); but he strongly emphasized that the virgin girls get permission from the father and paternal grandfather as a precaution.<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>

=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the fatwa, by [[Muhammad Husayn Kashif al-Ghita']], on permissibility of permanent marriage with a woman of the People of the Book (Ahl al-Kitab) was affected by the fatwa of Sayyid Abu al-Hasan Isfahani. Contrary to the famous opinion of Shia jurists who permit such marriages just in case of temporary ones, this position is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>

=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia Islam.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> According to the opinion of some, this perspective of Isfahani demonstrates his concern for preserving the rationality and dignity of religious rituals (Sha'a'ir) and preventing distortions and extremism in religious practices.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>
=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and based on the stronger opinion (Aqwa), painting animals must also be avoided; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also annexed [[Sleight of hand|sleight of hand]] (unreal displays facilitated by the speed of movements) to magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>
== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-20T13:53:15Z

M.zandi: /* Works About Him */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (An Encyclopedia of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nesya) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of father's Guardianship over the Virgin Girl on the Marriage Contract ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (just as the same issue on non-virgin girls); but he strongly emphasized that the virgin girls get permission from the father and paternal grandfather as a precaution.<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>

=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the fatwa, by [[Muhammad Husayn Kashif al-Ghita']], on permissibility of permanent marriage with a woman of the People of the Book (Ahl al-Kitab) was affected by the fatwa of Sayyid Abu al-Hasan Isfahani. Contrary to the famous opinion of Shia jurists who permit such marriages just in case of temporary one, this position is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>

=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia Islam.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> According to the opinion of some, this perspective of Isfahani demonstrates his concern for preserving the rationality and dignity of religious rituals (Sha'a'ir) and preventing distortions and extremism in religious practices.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>
=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and based on the stronger opinion (Aqwa), painting animals must also be avoided; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also annexed [[Sleight of hand|sleight of hand]] (unreal displays facilitated by the speed of movements) to magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>
== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-20T07:52:40Z

M.zandi: /* Permissibility of Permanent Marriage with Women of the People of the Book */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (A Biography of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nesya) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of father's Guardianship over the Virgin Girl on the Marriage Contract ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (just as the same issue on non-virgin girls); but he strongly emphasized that the virgin girls get permission from the father and paternal grandfather as a precaution.<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>

=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the fatwa, by [[Muhammad Husayn Kashif al-Ghita']], on permissibility of permanent marriage with a woman of the People of the Book (Ahl al-Kitab) was affected by the fatwa of Sayyid Abu al-Hasan Isfahani. Contrary to the famous opinion of Shia jurists who permit such marriages just in case of temporary one, this position is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>

=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia Islam.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> According to the opinion of some, this perspective of Isfahani demonstrates his concern for preserving the rationality and dignity of religious rituals (Sha'a'ir) and preventing distortions and extremism in religious practices.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>
=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and based on the stronger opinion (Aqwa), painting animals must also be avoided; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also annexed [[Sleight of hand|sleight of hand]] (unreal displays facilitated by the speed of movements) to magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>
== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-20T07:24:36Z

M.zandi: /* Lack of father's Guardianship over the Virgin Girl in Marriage */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (A Biography of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nesya) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of father's Guardianship over the Virgin Girl on the Marriage Contract ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (just as the same issue on non-virgin girls); but he strongly emphasized that the virgin girls get permission from the father and paternal grandfather as a precaution.<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>

=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the ruling on the permissibility of permanent marriage with women of the People of the Book (Ahl al-Kitab), which was put forward by [[Muhammad Husayn Kashif al-Ghita']], was derived from the fatwa of Sayyid Abu al-Hasan Isfahani. This view, contrary to the famous opinion of Shia jurists who only consider such marriages permissible on a temporary basis, is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>
=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia Islam.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> According to the opinion of some, this perspective of Isfahani demonstrates his concern for preserving the rationality and dignity of religious rituals (Sha'a'ir) and preventing distortions and extremism in religious practices.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>
=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and based on the stronger opinion (Aqwa), painting animals must also be avoided; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also annexed [[Sleight of hand|sleight of hand]] (unreal displays facilitated by the speed of movements) to magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>
== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-19T14:13:36Z

M.zandi: /* Lack of Paternal Guardianship over the Marriage of a Virgin Girl */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (A Biography of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nesya) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of father's Guardianship over the Virgin Girl in Marriage ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (just as the same issue on non-virgin girls); but he strongly emphasized that the virgin girls get permission from the father and paternal grandfather as a precaution.<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>

=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the ruling on the permissibility of permanent marriage with women of the People of the Book (Ahl al-Kitab), which was put forward by [[Muhammad Husayn Kashif al-Ghita']], was derived from the fatwa of Sayyid Abu al-Hasan Isfahani. This view, contrary to the famous opinion of Shia jurists who only consider such marriages permissible on a temporary basis, is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>
=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia Islam.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> According to the opinion of some, this perspective of Isfahani demonstrates his concern for preserving the rationality and dignity of religious rituals (Sha'a'ir) and preventing distortions and extremism in religious practices.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>
=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and based on the stronger opinion (Aqwa), painting animals must also be avoided; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also annexed [[Sleight of hand|sleight of hand]] (unreal displays facilitated by the speed of movements) to magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>
== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-19T13:44:31Z

M.zandi: /* Credible and Documentary Financial Value of Paper Money */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (A Biography of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
On the basis of some understanding of his fatwas in Wasilat al-Najat, it is said that Isfahani did not consider fiat money, such as banknotes, to possess independent financial value; rather, he perceived them as documents representing dirhams and dinars, acting as alternative of gold and silver. Hence, he did not consider the credit transaction (Nesya) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It is said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>

=== Lack of Paternal Guardianship over the Marriage of a Virgin Girl ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (Aqwa) (similar to the issue of non-virgin girls); although he deems obtaining permission from the father and grandfather to be in accordance with strict precaution (Ihtiyat Shadid).<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>
=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the ruling on the permissibility of permanent marriage with women of the People of the Book (Ahl al-Kitab), which was put forward by [[Muhammad Husayn Kashif al-Ghita']], was derived from the fatwa of Sayyid Abu al-Hasan Isfahani. This view, contrary to the famous opinion of Shia jurists who only consider such marriages permissible on a temporary basis, is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>
=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia Islam.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> According to the opinion of some, this perspective of Isfahani demonstrates his concern for preserving the rationality and dignity of religious rituals (Sha'a'ir) and preventing distortions and extremism in religious practices.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>
=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and based on the stronger opinion (Aqwa), painting animals must also be avoided; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also annexed [[Sleight of hand|sleight of hand]] (unreal displays facilitated by the speed of movements) to magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>
== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-18T14:47:49Z

M.zandi: /* Usury-Free Banking and Permissibility of Insurance Contracts */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (A Biography of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Non-usury Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, Isfahani explicitly declared that the usurious transactions of banks were forbidden (haram). Nevertheless, he proposed that the banking activities are legitimate if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasana (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] acceptable as a new contract, and adaptable to the contract of guarantee (Daman) or conciliation (Sulh) as long as there is no uncertainty (gharar) about it and it does not cause any harm (darar).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>

=== Credible and Documentary Financial Value of Paper Money ===
Based on the interpretation of certain fatwas of Sayyid Abu al-Hasan Isfahani in Wasilat al-Najat, it has been stated that he did not consider fiat money, such as banknotes, to possess independent financial value (Maliyyat); rather, he perceived them as documents representing dirhams and dinars, acting as representatives of gold and silver. Hence, he did not consider the credit transaction (Nasi'a) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It has been said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility ('Ayniyyat) and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>
=== Lack of Paternal Guardianship over the Marriage of a Virgin Girl ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (Aqwa) (similar to the issue of non-virgin girls); although he deems obtaining permission from the father and grandfather to be in accordance with strict precaution (Ihtiyat Shadid).<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>
=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the ruling on the permissibility of permanent marriage with women of the People of the Book (Ahl al-Kitab), which was put forward by [[Muhammad Husayn Kashif al-Ghita']], was derived from the fatwa of Sayyid Abu al-Hasan Isfahani. This view, contrary to the famous opinion of Shia jurists who only consider such marriages permissible on a temporary basis, is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>
=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia Islam.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> According to the opinion of some, this perspective of Isfahani demonstrates his concern for preserving the rationality and dignity of religious rituals (Sha'a'ir) and preventing distortions and extremism in religious practices.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>
=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and based on the stronger opinion (Aqwa), painting animals must also be avoided; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also annexed [[Sleight of hand|sleight of hand]] (unreal displays facilitated by the speed of movements) to magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>
== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-18T14:05:02Z

M.zandi: /* Works About Him */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
In addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published Regarding his character, life, and actions, including: Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (A Biography of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Glory of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary activities, and political actions, whereas less attention has been paid to his jurisprudential stances on modern issues.

== Jurisprudential Views ==
=== Usury-Free Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, usurious transactions of banks have been explicitly declared forbidden (haram). Nevertheless, Isfahani has proposed the possibility of the legitimacy of banking activities if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasan (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] examinable within the framework of new contracts, and in the absence of uncertainty (gharar) and harm (darar), he deemed it compatible with the contract of guarantee (Daman) or conciliation (Sulh).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>
=== Credible and Documentary Financial Value of Paper Money ===
Based on the interpretation of certain fatwas of Sayyid Abu al-Hasan Isfahani in Wasilat al-Najat, it has been stated that he did not consider fiat money, such as banknotes, to possess independent financial value (Maliyyat); rather, he perceived them as documents representing dirhams and dinars, acting as representatives of gold and silver. Hence, he did not consider the credit transaction (Nasi'a) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It has been said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility ('Ayniyyat) and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>
=== Lack of Paternal Guardianship over the Marriage of a Virgin Girl ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (Aqwa) (similar to the issue of non-virgin girls); although he deems obtaining permission from the father and grandfather to be in accordance with strict precaution (Ihtiyat Shadid).<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>
=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the ruling on the permissibility of permanent marriage with women of the People of the Book (Ahl al-Kitab), which was put forward by [[Muhammad Husayn Kashif al-Ghita']], was derived from the fatwa of Sayyid Abu al-Hasan Isfahani. This view, contrary to the famous opinion of Shia jurists who only consider such marriages permissible on a temporary basis, is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>
=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia Islam.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> According to the opinion of some, this perspective of Isfahani demonstrates his concern for preserving the rationality and dignity of religious rituals (Sha'a'ir) and preventing distortions and extremism in religious practices.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>
=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and based on the stronger opinion (Aqwa), painting animals must also be avoided; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also annexed [[Sleight of hand|sleight of hand]] (unreal displays facilitated by the speed of movements) to magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>
== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-16T14:20:35Z

M.zandi: /* Important Jurisprudential and Principled Works */

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of treatises of practical jurisprudence (Risala Amaliyya) and fatwas, his lectures adjusted by his students (Taqrirat), as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and Usul, one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa, written in Persian-language, was the title of some Shia religious authorities' treatises of practical jurisprudence and a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.

=== Works About Him ===
Regarding the character, life, and actions of Sayyid Abu al-Hasan Isfahani, in addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published. Examples include Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (Encyclopedia of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Grandeur of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Aqa Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary services, and political actions, whereas less attention has been paid to his jurisprudential foundations in confronting modern issues.
== Jurisprudential Views ==
=== Usury-Free Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, usurious transactions of banks have been explicitly declared forbidden (haram). Nevertheless, Isfahani has proposed the possibility of the legitimacy of banking activities if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasan (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] examinable within the framework of new contracts, and in the absence of uncertainty (gharar) and harm (darar), he deemed it compatible with the contract of guarantee (Daman) or conciliation (Sulh).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>
=== Credible and Documentary Financial Value of Paper Money ===
Based on the interpretation of certain fatwas of Sayyid Abu al-Hasan Isfahani in Wasilat al-Najat, it has been stated that he did not consider fiat money, such as banknotes, to possess independent financial value (Maliyyat); rather, he perceived them as documents representing dirhams and dinars, acting as representatives of gold and silver. Hence, he did not consider the credit transaction (Nasi'a) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It has been said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility ('Ayniyyat) and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>
=== Lack of Paternal Guardianship over the Marriage of a Virgin Girl ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (Aqwa) (similar to the issue of non-virgin girls); although he deems obtaining permission from the father and grandfather to be in accordance with strict precaution (Ihtiyat Shadid).<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>
=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the ruling on the permissibility of permanent marriage with women of the People of the Book (Ahl al-Kitab), which was put forward by [[Muhammad Husayn Kashif al-Ghita']], was derived from the fatwa of Sayyid Abu al-Hasan Isfahani. This view, contrary to the famous opinion of Shia jurists who only consider such marriages permissible on a temporary basis, is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>
=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia Islam.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> According to the opinion of some, this perspective of Isfahani demonstrates his concern for preserving the rationality and dignity of religious rituals (Sha'a'ir) and preventing distortions and extremism in religious practices.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>
=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and based on the stronger opinion (Aqwa), painting animals must also be avoided; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also annexed [[Sleight of hand|sleight of hand]] (unreal displays facilitated by the speed of movements) to magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>
== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]

Sayyid Abu al-Hasan Musawi Isfahani

2026-05-14T08:00:25Z

M.zandi:

{{author
|author = Mahdi Khosravi Sereshki
|author2 =
|author3 =
|compiler =
|editor1 =
|editor2 =
|editor3 =
}}
{{Infobox person
| known_for = Sayyid Abu al-Hasan Isfahani
| name = Sayyid Abu al-Hasan Musawi Madisa'i Isfahani
| birth = 1284 AH / 1246 SH
| death = 1365 AH / 1325 SH
| image = Sayyid Abu al-Hasan Isfahani.jpg
| image_size =
| image_caption =
| position = Absolute Marja' al-Taqlid
| religion = Shia
| nationality = Iran
| field_of_expertise = Jurisprudence (Fiqh) and Principles (Usul)
| works_in_contemporary_jurisprudence = [[Wasilat al-Najat (book)|Wasilat al-Najat]]
| views =
| teachers = [[Muhammad Kazim Khurasani|Akhund Khurasani]] and [[Habib Allah Rashti]]
| students = [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]]
| website =
}}
*Abstract
'''Sayyid Abu al-Hasan Musawi Madisa'i Isfahani''' (1284–1365 AH / 1246–1325 SH) was one of the absolute religious authorities (Marja' al-Taqlid) of the Shia in the fourteenth century AH. He is considered one of the prominent students of [[Muhammad Kazim Khurasani|Akhund Khurasani]]. The period of his religious authority coincided with political and social transformations in the Islamic world (including the reign of Reza Khan in Iran, Atatürk's government in Turkey, the rise to power of the Al Saud family in Saudi Arabia, and the reign of King Faisal in Iraq), which led him to issue certain fatwas and adopt some jurisprudential-political stances on emerging issues.
His [[Wasilat al-Najat (book)|book Wasilat al-Najat]] is an important work written in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]] and addresses the jurisprudential needs of the contemporary Islamic society in terms of traditional ijtihad. The ijtihadi methodology and comprehensiveness of this book became an influential model for jurists after him.
Sayyid Abu al-Hasan Isfahani considers [[Riba|usury (riba)]] in [[Islamic banking|banking]] to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). Under the contract of guarantee (Daman) or conciliation (Sulh), [[Insurance|insurance]] is acceptable to Isfahani, provided that there is no [[Rule of Gharar|uncertainty (gharar)]] about it and it does not cause any [[Rule of La Darar|harm (darar)]]. He considers paper money to lack intrinsic financial value, regarded it merely as an alternative of gold and silver. In [[Family jurisprudence|family jurisprudence]], Isfahani negates the [[Paternal guardianship over a virgin girl|guardianship of the father over a virgin girl]], but considers seeking his consultation as a matter of precaution, and he permits permanent marriage with the People of the Book (Ahl al-Kitab). He has opposed [[Tatbir|Tatbir (Qameh-Zani)]], [[Painting|painting human figures]], and [[Sleight of hand|sleight of hand (magic tricks)]].
== Jurisprudential and Political Biography ==
Sayyid Abu al-Hasan Musawi Madisa'i Isfahani (born: 1246 SH in Madiseh, Isfahan - died: 1325 SH in Najaf) began his studies in the Islamic seminary of Isfahan and moved to Najaf to complete his studies. He initially attended the classes of [[Habib Allah Rashti]] and, after his passing, participated in the classes of [[Muhammad Kazim Khurasani|Akhund Khurasani]], becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.<ref>Amin, A'yan al-Shi'a, vol. 2, p. 332.</ref> [[Sayyid Mahmoud Hosseini Shahroudi]], [[Sayyid Muhsin Tabataba'i Hakim]], [[Sayyid Muhammad Hadi Milani]], and [[Hashim Qazwini]] are some his students.<ref>Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.</ref>
Following the demise of [[Muhammad Husayn Gharawi Na'ini|Mirza Na'ini]] (d. 1355 AH), [[Abd al-Karim Ha'iri Yazdi|Ha'iri Yazdi]] (d. 1355 AH), and [[Aqa Diya' al-Din Iraqi|Aqa Diya' Iraqi]] (d. 1361 AH), Isfahani assumed the religious authority (Marja'iyya) of the Shia for ten years (1355-1365 AH) as the absolute and general Marja'.<ref>Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.</ref> After the Constitutional Revolution, according to some historical analysis, only three jurists assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, [[Sayyid Husayn Burujirdi]], and [[Sayyid Ruhollah Musawi Khomeini]].<ref>Amin, "Marja'iyyat va Siyasat", p. 8.</ref> Based on his scientific and pious characteristics, Sayyid Husayn Burujirdi was introduced by Isfahani for religious authority and was referred for precautionary issues (Masa'il Ihtiyati). this procedure was accepted by Shiite (Ulama and their followers), paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.<ref>Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.</ref>
=== Involvement in Politics ===
During Isfahani's period of religious authority, significant events occurred in several Islamic countries (Iran, Iraq, Turkey, and Saudi Arabia), regarding which he adopted stances and occasionally issued fatwas; notably supporting constitutionalism in Iran, preventing the separatism of Iranian Azerbaijan, as well as defending the independence of Iraq and protecting the holy shrines (Atabat) against foreigners and aliens.<ref>Baqiri Siyani, Ijazat-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, pp. 24-26; Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 10 and 15.</ref> Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.</ref> was chosen during the second term of the National Consultative Assembly (1289 SH) as one of the five jurists selected by Akhund Khurasani to supervise the religious conformity of the laws. However, he did not move to Tehran and resigned from this responsibility after three months. Multiple factors have been said about the reason why he never moved to Tehran.<ref>Aqili, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An", p. 32; Mulla'i, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", pp. 133-156; Mulla'i, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", pp. 127-144.</ref>
During the 1920 Iraqi Revolt, Sayyid Abu al-Hasan Isfahani issued a fatwa declaring the defense of the Abode of Islam (Dar al-Islam) obligatory, and opposed pledging allegiance to King Faisal I.<ref>Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.</ref> Some researchers have considered Isfahani's fatwa on the prohibition of participating in the Iraqi parliamentary elections during the era of King Faisal, as well as his decree of jihad against the British Empire, to be a continuation of the path of the tobacco protest by [[Sayyid Muhammad Hasan Shirazi|Mirza Shirazi]].<ref>Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.</ref> The issuance of the fatwa boycotting the Hajj in 1322 SH (following the execution of an Iranian pilgrim in Mecca and the Shah of Iran's compliance with it),<ref>Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.</ref> as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the magazine Al-Islam (This was the first time a Marja’ allowed spending the religious dues for the production of religious journals to counter the hostile actions of Reza Shah)<ref>Khamenei, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431].</ref>), have been regarded as other jurisprudential and political actions of his.<ref>Sadr Hashemi, Tarikh-e Jarayed va Majallat-e Iran, vol. 1, p. 243; Mohammadzadeh, Daneshnameh-ye Matbu'at-e Iran, vol. 1, p. 305, entry: Al-Islam.</ref>
=== Important Jurisprudential and Principled Works ===
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of practical treatises (Risala Amaliyya) and fatwas, transcriptions (Taqrirat) by his students, as well as independent books.<ref>Baqiri Bidhendi, "Nujum-e Ummat", p. 109.</ref> Among his most important works in jurisprudence (Fiqh) and its principles (Usul), one can refer to [[Wasilat al-Najat (book)|Wasilat al-Najat]], Muntaha al-Wusul ila Ghawamid Kifayat al-Usul, and Zakhirat al-'Ibad. Wasilat al-Najat is his most famous and comprehensive jurisprudential work, structured in the style of [[Al-Urwa al-Wuthqa (book)|Al-Urwa al-Wuthqa]], and is an expansion of the treatise Zakhirat al-Salihin. Many jurists and religious authorities have written glosses (Hashiya) or commentaries on Wasilat al-Najat, or have structured their own jurisprudential books based on its arrangement, such as [[Tahrir al-Wasila (book)|Imam Khomeini's Tahrir al-Wasila]], which is considered one of the most important glosses and completers of this book. Zakhirat al-'Ibad li-Yawm al-Ma'ad dar Su'al va Jawab-e 'Ammat al-Balwa was the title of the Persian-language practical treatise of several Shia religious authorities; a book with this title was also published in accordance with the fatwas of Abu al-Hasan Isfahani, and certain mujtahids, such as [[Sayyid Mahmud Husayni Shahrudi]], [[Sayyid Ali Musawi Bihbihani]], and [[Sayyid Muhammad Taqi Khwansari]], wrote glosses on it.
=== Works About Him ===
Regarding the character, life, and actions of Sayyid Abu al-Hasan Isfahani, in addition to articles, general and even fictional books<ref>Mashayekh, Neshasteh dar Dehliz.</ref> have been published. Examples include Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani (Encyclopedia of Ayatollah Sayyid Abu al-Hasan Isfahani), compiled by the Shia Bibliography Institute; Sayyid Abu al-Hasan Isfahani: Shokuh-e Marja'iyyat (Sayyid Abu al-Hasan Isfahani: The Grandeur of Religious Authority), authored by Mohammad Asghari-Nejad; and Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval (Aqa Sayyid Abu al-Hasan Isfahani: Jurist and Political Leader in the Qajar and First Pahlavi Eras), written by Zahra Taqavi. Most of these works are dedicated to his biography, moral characteristics, social and seminary services, and political actions, whereas less attention has been paid to his jurisprudential foundations in confronting modern issues.
== Jurisprudential Views ==
=== Usury-Free Banking and Permissibility of Insurance Contracts ===
In Wasilat al-Najat, usurious transactions of banks have been explicitly declared forbidden (haram). Nevertheless, Isfahani has proposed the possibility of the legitimacy of banking activities if they correspond with Islamic contracts such as Mudaraba (profit-sharing), Ju'ala (reward contract), or Qard al-Hasan (interest-free loan).<ref>Isfahani, Wasilat al-Najat, pp. 235–240.</ref> He considered [[Insurance|insurance]] examinable within the framework of new contracts, and in the absence of uncertainty (gharar) and harm (darar), he deemed it compatible with the contract of guarantee (Daman) or conciliation (Sulh).<ref>Isfahani, Wasilat al-Najat, p. 245.</ref>
=== Credible and Documentary Financial Value of Paper Money ===
Based on the interpretation of certain fatwas of Sayyid Abu al-Hasan Isfahani in Wasilat al-Najat, it has been stated that he did not consider fiat money, such as banknotes, to possess independent financial value (Maliyyat); rather, he perceived them as documents representing dirhams and dinars, acting as representatives of gold and silver. Hence, he did not consider the credit transaction (Nasi'a) of this type of money permissible, because they lack intrinsic financial value and have only gained validity backed by precious metals. It has been said that this view is rooted in traditional jurisprudential foundations, which consider financial value to be dependent on tangibility ('Ayniyyat) and consumability.<ref>Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.</ref>
=== Lack of Paternal Guardianship over the Marriage of a Virgin Girl ===
In the issue of the guardianship of the father and paternal grandfather over a mature, discerning (Rashid), and virgin girl, Sayyid Abu al-Hasan Isfahani considers the opinion negating their guardianship to be stronger (Aqwa) (similar to the issue of non-virgin girls); although he deems obtaining permission from the father and grandfather to be in accordance with strict precaution (Ihtiyat Shadid).<ref>Isfahani, Sirat al-Najat, vol. 2, p. 509.</ref>
=== Permissibility of Permanent Marriage with Women of the People of the Book ===
Based on certain accounts, the ruling on the permissibility of permanent marriage with women of the People of the Book (Ahl al-Kitab), which was put forward by [[Muhammad Husayn Kashif al-Ghita']], was derived from the fatwa of Sayyid Abu al-Hasan Isfahani. This view, contrary to the famous opinion of Shia jurists who only consider such marriages permissible on a temporary basis, is regarded as a different approach in comparative jurisprudence (Fiqh Muqaran) and contemporary jurisprudence.<ref>Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.</ref>
=== Opposition to Tatbir and Extremism ===
Sayyid Abu al-Hasan Isfahani, according to some reports, opposed [[Tatbir|Tatbir (Qameh-Zani)]] as an irrational act that causes the defamation of Shia Islam.<ref>Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.</ref> According to the opinion of some, this perspective of Isfahani demonstrates his concern for preserving the rationality and dignity of religious rituals (Sha'a'ir) and preventing distortions and extremism in religious practices.<ref>Ayazi, Rah-e Afsaneh, vol. 2, p. 274.</ref>
=== Prohibition of Painting and Sculpting Human Figures, and Sleight of Hand ===
According to Isfahani's fatwa, painting humans and making statues of them is forbidden, and based on the stronger opinion (Aqwa), painting animals must also be avoided; however, painting or sculpting inanimate objects is permissible.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 22.</ref> He also annexed [[Sleight of hand|sleight of hand]] (unreal displays facilitated by the speed of movements) to magic (Sihr), considering it forbidden.<ref>Isfahani, Sirat al-Najat, vol. 1, p. 24.</ref>
== Footnotes ==
{{Footnotes}}

== References ==
{{References}}
* Ahmadvand, Zeynab and Asghar Montazer al-Qa'im, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Amin, Muhsin, A'yan al-Shi'a, Beirut, Dar al-Ta'aruf, 1403 AH.
* Amin, Sayyid Hasan, "Marja'iyyat va Siyasat; Karnameh-ye Sayyid Abu al-Hasan Isfahani Marja'-e Taqlid", Hafez, No. 30, Tir 1385 SH.
* Aqili, Sayyid Ahmad, "Seyr-e Tarikhi-e Asl-e Nezarat-e Hey'at-e Taraz-e Avval-e Mujtahidin, bar Qanun-e Asasi-e Mashrutiyyat va Huzur-e Ayatollah al-Uzma Madisa'i dar An" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Asghari-Nejad, Mohammad, Sayyid Abu al-Hasan Isfahani Shokuh-e Marja'iyyat, Islamic Propagation Organization Publications, 1st ed., Tehran, 1373 SH.
* Ayazi, Sayyid Mohammad Ali, Rah-e Afsaneh, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1390 SH.
* Baqiri Bidhendi, Naser, "Nujum-e Ummat: Ayatollah al-Uzma Sayyid Abu al-Hasan Musawi Isfahani", Nour-e Elm, Vol. 3, No. 4, 1367 SH.
* Baqiri Siyani, Mahdi, Ijazat-e Ayatollah Sayyid Abu al-Hasan Isfahani, Isfahan, Kanoun-e Pazhuhesh, 1388 SH.
* Davoudi, Sa'id, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, Qom: Imam Ali Publications, 1st ed., 1397 SH.
* Diya Hasan, Hay'a Muhammad al-Amin, Al-Marja'iyya al-'Amila: Dirasa Tahliliyya li-Hayat al-Marja' al-Dini al-A'la Ayatollah al-Uzma al-Sayyid Abu al-Hasan al-Musawi al-Isfahani, N.p., N.d.
* Fathullahzadeh, Sayyid Mohammad, "Bozorgmard-e Din va Siyasat (Asatid-e Ayatollah Abu al-Hasan Isfahani dar Isfahan va Najaf va Athargozari-e Anan bar Shakhsiyyat-e Insan)", in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Shenakhtnameh-ye Ayatollah Sayyid Abu al-Hasan Isfahani, Shia Bibliography Institute, Tehran, Vespan, 1387 SH.
* Isfahani, Sayyid Abu al-Hasan, Sirat al-Najat: Tarjumeh-ye Farsi-e Wasilat al-Najat, Translator: Sayyid Abu al-Qasim Safavi Isfahani, Isfahan, Computer Research Center of the Isfahan Seminary, 1st ed., 1388 SH.
* Isfahani, Sayyid Abu al-Hasan, Wasilat al-Najat, Glossator: Ruhollah Khomeini, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1380 SH.
* Jannati, Mohammad Ebrahim, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, Tehran, Amirkabir, 1st ed., 1386 SH.
* Khamenei, Sayyid Ali, [https://farsi.khamenei.ir/speech-content?id=10357 Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431], Access Date: 19 Esfand 1404 SH.
* Mashayekh, Tahereh, Neshasteh dar Dehliz, Vajeh-Pardaz-e Andisheh, 1404 SH.
* Mohammadzadeh, Mohammad Ja'far and others, Daneshnameh-ye Matbu'at-e Iran, Tehran, Encyclopedia of Iranian Press Institute, 1st ed., 1393 SH.
* Mulla'i, Alireza and others, "Bazkhani va Naqd-e Revayat-e Ketab-e Ma'arif al-Rijal Darbareh-ye Didar-e Reza Khan ba Maraje' dar Najaf", Pazhuhesh-ha-ye Ulum-e Tarikhi, No. 27, Azar 1400.
* Mulla'i, Alireza and others, "Bazkhani-e Mavaze'-e Ayatollah Sayyid Abu al-Hasan Isfahani dar Barabar-e Asl-e Dovvom-e Mutammim-e Qanun-e Asasi-e Mashruteh", Mutala'at-e Tarikh-e Eslam, No. 36, Bahar 1397 SH.
* Musawi, Sayyid Hamed and Mojtaba Hamidi, "Ayatollah Isfahani va Mashrutiyyat" in Majmou'eh Maqalat-e Hamayesh-e Ayatollah al-Uzma Sayyid Abu al-Hasan Isfahani, Qom, Osveh, 1388 SH.
* Qazi Askar, Sayyid Ali, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", Miqat-e Hajj, No. 34.
* Rabbani, Mohammad Hasan, Madkhali bar Danesh-e Fiqh-e Muqaran, N.p., N.d.
* Riyahi, Mohammad Hossein, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", Pazhuhesh-nameh-ye Tarikh-e Tashayyo', No. 3, Pa'iz 1404.
* Sadr Hashemi, Mohammad, Tarikh-e Jarayed va Majallat-e Iran, Isfahan, Kamal, 1363 SH.
* Sharif-Razi, Mohammad, Ganjineh-ye Daneshmandan, Tehran, Islamieh, 1352 SH.
* Taqavi, Zahra, Aqa Sayyid Abu al-Hasan Isfahani: Faqih va Rahbar-e Siyasi dar Dowreh-ye Qajar va Pahlavi-ye Avval, Tehran, Sheikh Sharafi, 1397 SH.
{{End}}
[[Category:Characterology Articles]]
[[fa:سید ابوالحسن موسوی اصفهانی]]