Sayyid Abu al-Hasan Musawi Isfahani: Difference between revisions
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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> | 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 === | === Important Jurisprudential and Principled Works === | ||
The remaining works of Sayyid Abu al-Hasan Isfahani encompass a collection of practical | 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 === | === 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 == | == Jurisprudential Views == | ||
=== | === Non-usury Banking and Permissibility of Insurance Contracts === | ||
In Wasilat al-Najat, usurious transactions of banks | 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 === | === 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 | |||
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 ( | === 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 === | === Permissibility of Permanent Marriage with Women of the People of the Book === | ||
Based on certain accounts, the | 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 === | === 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 | 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 === | === 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 | 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 == | ||
{{Footnotes}} | {{Footnotes}} | ||