Mirza Mohammad-Hossein Gharavi Na'ini

Author: Alireza Salehi

Name	Mohammad-Hossein Gharavi Na'ini
Age	1276 AH (c. 1860 CE) - 1355 AH (c. 1936 CE)
Position	Marja' al-Taqlid, a leader of the Constitutional Revolution
Denomination	Shia Islam
Nationality	Iranian
Speciality	Fiqh and Usul (Political Fiqh)
Works in contemporary jurisprudence	Tanbih al-Ummah wa Tanzih al-Millah
Opinions	Jurisprudential and principled defense of constitutional government, general guardianship of the jurists
Professors	Mirza Shirazi, Mohammad-Kazem Khorasani
Students	Abul-Qasim Khoei, Mohammad-Ali Kazemi

Abstract

Ayatollah Mirza Mohammad-Hossein Gharavi Na'ini (1276-1355 AH), known as Mirza Na'ini, was a Shia jurist and Marja' al-Taqlid (source of emulation) in the contemporary era (14th century AH) and one of the clerical supporters of the Constitutional Revolution in Iran. The importance of Mirza Na'ini lies in his jurisprudential and principled innovations, and especially in his composition of the treatise Tanbih al-Ummah wa Tanzih al-Millah (The Admonition to the Nation and the Purification of the Creed), which established the "Jurisprudence of Constitutionalism" (*fiqh al-mashrutah*).

The authority of reason and the practice of the wise (*sirat al-'uqala*), the distinction between religious innovation (*bid'ah*) and novel creation (*badi'*), and the division of rulings into stipulated (*mansus*) and non-stipulated domains are among the intellectual foundations and principles of Mirza Na'ini that had a great impact on the formulation of his ideas. A jurisprudential and principled defense of constitutional government and its indicators such as legislation, the National Consultative Assembly, freedom and equality, separation of powers, and majority rule, as well as the belief in the general guardianship of jurists, are among his ideas in contemporary jurisprudence that influenced the thought of later jurists such as Imam Khomeini.

Introduction and Biography

Mohammad-Hossein Gharavi Na'ini, known as Mirza Na'ini, was a Shia jurist and Marja' in the 14th century AH and one of the clerical supporters of the Iranian Constitutional Revolution. He was born in the city of Na'in into a clerical family and studied under scholars such as Jahangir Khan Qashqai, Mirza Shirazi, and Akhund Khurasani in the cities of Isfahan, Samarra, Karbala, and Najaf. His political activities included siding with Mirza Shirazi in the Tobacco Protest, collaborating with Akhund Khurasani and Abdullah Mazandarani in the Iranian Constitutional Revolution, and also declaring jihad against the British in Iraq alongside Sayyid Abu al-Hasan al-Isfahani. After Mohammad-Taqi Shirazi, Na'ini became one of the Shia Marja's along with Sayyid Abu al-Hasan al-Isfahani. He passed away in 1355 AH at the age of 82 in Najaf and was buried in the shrine of Imam Ali (a).

Position and Importance in Contemporary Fiqh

The importance and position of Na'ini among contemporary jurists are due to his school of Usul (principles of jurisprudence) and his jurisprudential and principled innovations, to the extent that he has been referred to as the renewer (*mujaddid*) of the science of Usul. However, Mirza Na'ini's scholarly fame is mostly due to his authoring of the famous treatise Tanbih al-Ummah wa Tanzih al-Millah, which has been considered the first systematic treatise in Shia political thought; a treatise that rose to the theoretical defense of the entirety of constitutional principles and established the legitimacy of a system of government based on law. The establishment of "Fiqh al-Mashrutah" (Jurisprudence of Constitutionalism) as a new chapter in the history of ijtihad and Shia political jurisprudence is considered to be indebted to Na'ini's efforts in the treatise *Tanbih al-Ummah*. This was a literature that did not remain in the realm of theory and developed a close connection with the constitutional institutions in Iran. According to Hossein-Ali Montazeri, a contemporary Shia Marja', Na'ini, in this book, was able to derive and establish new branches of governmental jurisprudence based on the principles imparted by the Shia Imams. In the belief of Davoud Firahi, a researcher in the field of political jurisprudence, *Tanbih al-Ummah* provided the preliminaries for a religious articulation of freedom and democracy within the Shia school of thought and has a dual importance from the perspective of the relationship between religion and modernity.

Works

The works of Mirza Na'ini, according to Sayyid Muhsin al-Amin in the book *A'yan al-Shi'a*, are divided into two categories. Some works were written by his own hand, and some are reports (*taqrirat*) that Na'ini's students wrote from his lessons. *Tanbih al-Ummah wa Tanzih al-Millah*, *Wasilat al-Najat* (a manual of religious practice), *Hawashi 'ala al-'Urwat al-Wuthqa*, *Risalat al-Salat fi al-Libas al-Mashkuk*, *Risalah fi Ahkam al-Khalal fi al-Salat*, *Risalah fi Nafy al-Darar*, *Risalah fi al-Ta'abbudi wa al-Tawassuli*, and *Ajwibat Masa'il al-Mustaftin* (questions and answers on fatwas) are among the works written by himself. The books *Munyat al-Talib fi Sharh al-Makasib* (by Musa Najafi Khwansari), *Kitab al-Salat* (by Mohammad-Ali Kazemi), *Ajwad al-Taqrirat* (by Sayyid Abul-Qasim al-Khoei), and *Fawa'id al-Usul* (by Mohammad-Ali Kazemi) are also among the reports of his lessons.

Intellectual Foundations and Principles

In examining the thoughts of Mirza Na'ini, principles and foundations are extracted that resulted in transformation and innovation in jurisprudential and principled discussions and the formulation of the Jurisprudence of Constitutionalism.

The Authority of Reason and the Practice of the Wise (Rationalism)

Na'ini, in numerous instances, refers to reason and the practice of the wise (*sirat al-'uqala*) to prove his claims. For example, in the book *Tanbih al-Ummah*, although Na'ini considers the principles of civilization and Islamic policies to be derived from the Book, the Sunnah, and the teachings of the Ahl al-Bayt (a), and considers the intellect of humankind to be incapable of attaining those principles, in some cases, he refers to wise intellects beyond the intellect of humankind that are capable of extracting the principles of civilization and policies, and he praises them and envies their possessors. Therefore, in Na'ini's view, attaining the principles of civilization and policies is not exclusive to religion.

Division of Rulings into Stipulated and Non-Stipulated Domains

By presenting a new classification of religious rulings, Na'ini divides the affairs with which the legally responsible (*mukallaf*) are concerned into two domains: the domain where there is a religious text (*nass*) and the domain of permissible and non-stipulated matters (Mintaqat al-Faragh), where decision-making is left to the legally responsible. According to him, in the domain of stipulated matters, the practical duty of the legally responsible is specifically determined, and its ruling is recorded in the pure Shari'a, and it does not change with the change and transformation of time and place. In his belief, legislation in this domain is only possible through deriving subsidiary rulings and converting them into legal articles. In contrast, according to Na'ini, the domain of non-stipulated matters does not have a specific rule or standard, and they are, in other words, matters of *hisbah* (public good) whose determination is delegated to the guardian of the people, and legislation in this domain is possible.

Distinction between Bid'ah and Badi'

The distinction between the two terms *bid'ah* (heretical innovation) and *badi'* (novel creation) in Na'ini's thought created a path for legitimizing the formulation of law in the National Consultative Assembly. In Na'ini's belief, not everything new and novel can be called *bid'ah* and forbidden legislation; rather, *bid'ah* is to present something not established by the Shari'a as something established by the Shari'a and divine. In contrast to *bid'ah*, Na'ini uses the term *badi'*, according to which any obligation or commitment without being associated with the title of something established by the Shari'a and divine will not fall within the circle of *bid'ah* and will be specifically excluded from this title. According to Firahi, Na'ini presented this discussion in opposition to the thought of Sheikh Fazlollah Nouri, because by extending the *bid'ah* intended by Nouri to all novel and emergent matters in Islamic society, the society would suffer from disruption and hardship in the rational and normal system of life.

Views and Ideas in the Field of Contemporary Fiqh

In the works of Mirza Na'ini, there are ideas and views that are important in the field of contemporary jurisprudence. A jurisprudential and principled defense of constitutional government and the belief in the general guardianship of jurists are among these views.

Jurisprudential and Principled Defense of Constitutional Government

Relying on his skills in principles of jurisprudence and fiqh, Mirza Na'ini wrote the most coherent defense of constitutional government and its indicators, such as legislation, the National Consultative Assembly, freedom, equality, consultation (*shura*), separation of powers, majority rule, etc., according to religious documents in the book *Tanbih al-Ummah*. By dividing government into *wilayatiyyah*Template:Note and *tamallukiyyah*,Template:Note he does not limit the guardianship-based nature of government to the time of the presence of the Infallible and believes that during the period of occultation, a guardianship-based government is also achievable to the extent possible, on the condition of external supervision.

In Na'ini's belief, the foundation and basis of despotic and absolute monarchy lie in the absence of freedom and equality, and he sees a direct relationship between these two blessed and sacred principles and the progress of Islamic societies. By referring to the practice of the noble Prophet of Islam (s) and Imam Ali (a) and citing verses from the Quran, he emphasizes the religious obligation of consultation (*shura*) in political affairs.

Legitimizing the issue of the separation of powers by citing the letter of Malik al-Ashtar, supporting the National Consultative Assembly with a different view on the issue of matters of public good (*umur hisbiyyah*) and its custodian, as well as a new classification of the domain of religious rulings, and believing in the obligation to follow the majority vote by applying the principled rule of "adopting preferences in case of conflict" and citing the Narration of 'Umar ibn Hanzalah, are other branches of Na'ini's thought in defense of constitutional government.

General Guardianship of the Jurists

With the belief that government is a divine post, Na'ini primarily allocates it to the Infallible and secondarily entrusts it to the just jurist. In his belief, only in the absence of access to an appointed ruler can the idea of appointment be disregarded. Therefore, in his view, during the era of occultation, to the extent that a jurist can intervene in the matter of government, he should not shy away from performing this divine duty. On this issue, he shares the opinion with other jurists that in matters of public good, jurists have guardianship.

Na'ini makes the legitimacy of the laws issued by the National Consultative Assembly conditional on the presence of just mujtahids or those authorized by them in the elected body. In the book *Munyat al-Talib*, which is a report of his lessons, in proving the general guardianship of jurists in the era of occultation, he disputes the validity of all the evidence cited by jurists and considers only the accepted narration of 'Umar ibn Hanzalah to be tenable for this purpose. This is a point that has been emphasized in other reports of Na'ini's lessons and the books of his students.