Sayyid Abu al-Hasan Musawi Isfahani: Difference between revisions

M.zandi (talk | contribs)
M.zandi (talk | contribs)
 
(16 intermediate revisions by the same user not shown)
Line 41: Line 41:


=== Works About Him ===
=== 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.
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 ==
=== Usury-Free Banking and Permissibility of Insurance Contracts ===
=== Non-usury 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>
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 ===
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>
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 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>
=== 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 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>
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 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>
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 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>
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}}