Sayyid Muhammad Hassan Marashi Shushtari: Difference between revisions
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'''Sayyid Muhammad Hassan Marashi Shushtari''' ( | '''Sayyid Muhammad Hassan Marashi Shushtari''' (in Persian: [[:fa:سید_محمدحسن_مرعشی_شوشتری|سید محمدحسن مرعشی شوشتری]]), was one of the students of [[Sayyid Abu al-Qasim al-Khoei]], [[Sayyid Muhammad Hadi Husayni Milani|Mohammad Hadi Milani]], and [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], and one of the founders of the judicial system of the Islamic Republic of Iran. In his teaching and works, he presented new perspectives in [[Criminal Law|Islamic Criminal Law]]. | ||
Marashi, by proposing the theory of fixed and variable matters in Islam, believed that some Sharia rulings were not always fixed and the Infallible Imams changed them based on the [[The Role of Time and Place in Ijtihad|exigencies of time]]. Regarding [[Apostasy]], he considered the repentance of National (Milli) and Innate (Fitri) apostates to be accepted and distinguished between a dangerous and an ordinary apostate; such that he considered the application of apostate rulings to include only individuals dangerous to Islam. | Marashi, by proposing the theory of fixed and variable matters in Islam, believed that some Sharia rulings were not always fixed and the Infallible Imams changed them based on the [[The Role of Time and Place in Ijtihad|exigencies of time]]. Regarding [[Apostasy]], he considered the repentance of National (Milli) and Innate (Fitri) apostates to be accepted and distinguished between a dangerous and an ordinary apostate; such that he considered the application of apostate rulings to include only individuals dangerous to Islam. | ||
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In the field of [[Political Crime]], he distinguished between [[Armed Rebellion]] and [[Political Protest|Legitimate Political Protest]]. He defined political crime as a group and organizational act by Muslims with the intention of exiting the obedience of the Guardian (Wali al-Amr); not actions taken individually or by non-Muslims. Also, he did not consider the [[Death Penalty|Death Sentence]] permissible for a non-Mohareb political criminal. | In the field of [[Political Crime]], he distinguished between [[Armed Rebellion]] and [[Political Protest|Legitimate Political Protest]]. He defined political crime as a group and organizational act by Muslims with the intention of exiting the obedience of the Guardian (Wali al-Amr); not actions taken individually or by non-Muslims. Also, he did not consider the [[Death Penalty|Death Sentence]] permissible for a non-Mohareb political criminal. | ||
Marashi considered the six types of Diya (blood money) to be subject to the economic conditions and custom of the time, not the essence of those properties, and did not consider it a ritualistic and fixed ruling for all eras. He was opposed to considering the devaluation of money in the calculation of [[Dowry]] (Mahr) and did not consider the prohibition of judgship to be absolute; rather, he considered it permissible in some cases. Also, he did not consider the age of | Marashi considered the six types of Diya (blood money) to be subject to the economic conditions and custom of the time, not the essence of those properties, and did not consider it a ritualistic and fixed ruling for all eras. He was opposed to considering the devaluation of money in the calculation of [[Dowry]] (Mahr) and did not consider the prohibition of judgship to be absolute; rather, he considered it permissible in some cases. Also, he did not consider the age of nine years for girls as a ritualistic sign and rejected acting upon the relevant narrations. | ||
== Academic and Executive Biography == | == Academic and Executive Biography == | ||
Sayyid Muhammad Hassan Marashi Shushtari (born 1316 SH in Shushtar – died 1387 SH in Tehran), in the two seminaries of [[Qom Seminary]] and [[Najaf Seminary|Najaf]], was a student of [[Sayyid Abu al-Qasim al-Khoei]], Sheikh Muhammad Taqi Shushtari (author of Qamus al-Rijal), [[Sayyid | Sayyid Muhammad Hassan Marashi Shushtari (born 1316 SH in Shushtar – died 1387 SH in Tehran), in the two seminaries of [[Qom Seminary]] and [[Najaf Seminary|Najaf]], was a student of [[Sayyid Abu al-Qasim al-Khoei]], Sheikh Muhammad Taqi Shushtari (author of Qamus al-Rijal), [[Sayyid Muhammad Hadi Husayni Milani|Mohammad Hadi Hosseini Milani]], [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]], and [[Sayyid Muhammad Hassan Mousavi Al-Tayyib]] (in the field of philosophy). | ||
He presented newly emerged issues and [[Contemporary Jurisprudence]] in his Dars-e Kharij (advanced Fiqh course) at [[Shahid Motahari University]], doctoral courses at the University of Tehran and Tarbiat Modares University, and also in his scientific works in the form of books and articles. He was a member of the Supreme Court and the Supreme Judicial Council, and one of the main founders of the judicial system of the Islamic Republic of Iran. His views in the field of [[Criminal Fiqh]] and [[Judicial Fiqh|Judicial Fiqh]] have become a reference and citation for jurists. Several Fiqh works in the field of Criminal Fiqh and [[Civil Law|Civil Law]] remain from him, which are: Sabil al-Rashad fi Sharh Irshad al-Adhan, Commentary on Islamic Penal Law, [[New Perspectives in Islamic Criminal Law]] (collection of articles in journals), Fiqh-e Puya (Dynamic Fiqh); Collection of votes and theories of Ayatollah Sayyid Muhammad Hassan Marashi. | He presented newly emerged issues and [[Contemporary Jurisprudence]] in his Dars-e Kharij (advanced Fiqh course) at [[Shahid Motahari University]], doctoral courses at the [[University of Tehran]] and Tarbiat Modares University, and also in his scientific works in the form of books and articles. He was a member of the Supreme Court and the Supreme Judicial Council, and one of the main founders of the judicial system of the Islamic Republic of Iran. His views in the field of [[Criminal Fiqh]] and [[Judicial Fiqh|Judicial Fiqh]] have become a reference and citation for jurists. Several Fiqh works in the field of Criminal Fiqh and [[Civil Law|Civil Law]] remain from him, which are: Sabil al-Rashad fi Sharh Irshad al-Adhan, Commentary on Islamic Penal Law, [[New Perspectives in Islamic Criminal Law]] (collection of articles in journals), Fiqh-e Puya (Dynamic Fiqh); Collection of votes and theories of Ayatollah Sayyid Muhammad Hassan Marashi. | ||
== The Necessity of Extending the Rationality of the Baghdad School in Contemporary Jurisprudence == | == The Necessity of Extending the Rationality of the Baghdad School in Contemporary Jurisprudence == | ||
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{{Footnotes}} | {{Footnotes}} | ||
== References == | == References == | ||
{{References}} | |||
Shariati, Elham and Sayyideh Leila Mousavi, Fiqh-e Puya (Dynamic Fiqh); Collection of votes and theories of Ayatollah Sayyid Muhammad Hassan Marashi, Tehran, Khorsandi Publishing, First Edition, 1393 SH. | Shariati, Elham and Sayyideh Leila Mousavi, Fiqh-e Puya (Dynamic Fiqh); Collection of votes and theories of Ayatollah Sayyid Muhammad Hassan Marashi, Tehran, Khorsandi Publishing, First Edition, 1393 SH. | ||
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Marashi Shushtari, Sayyid Muhammad Hassan and Hormoz Asadi Kuhbad, [https://sanad.iau.ir/ar/Article/812912?FullText=FullText "Investigation of the role of theorists of the Baghdad School in institutionalizing reason in the evolution and development of Imami Fiqh research"], Biannual Journal of Islamic Jurisprudence and Law Research, No. 1, 1387 SH. | Marashi Shushtari, Sayyid Muhammad Hassan and Hormoz Asadi Kuhbad, [https://sanad.iau.ir/ar/Article/812912?FullText=FullText "Investigation of the role of theorists of the Baghdad School in institutionalizing reason in the evolution and development of Imami Fiqh research"], Biannual Journal of Islamic Jurisprudence and Law Research, No. 1, 1387 SH. | ||
[[Category:Biographical | [[Category:Biographical Articles]] | ||
[[fa:سید محمدحسن مرعشی شوشتری]] | [[fa:سید محمدحسن مرعشی شوشتری]] | ||
[[Category:Contemporary Jurisprudence Articles]] | |||