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Sayyid Abu al-Hasan Musawi Isfahani

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NameSayyid Abu al-Hasan Musawi Madisa'i Isfahani
Age1284 AH / 1246 SH
PositionAbsolute Marja' al-Taqlid
NationalityIran
StudentsSayyid Mahmud Husayni Shahrudi, Sayyid Muhsin Tabataba'i Hakim, Sayyid Muhammad Hadi Milani, and Hashim Qazwini
  • 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 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 to his issuing certain fatwas and adopting jurisprudential-political stances in encountering emerging issues. The book Wasilat al-Najat is an important work by Isfahani, written in the style of Al-Urwa al-Wuthqa, which addresses the jurisprudential needs of the contemporary Islamic society within the framework 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 usury (riba) in banking to be forbidden (haram), but deems the legitimacy of banking activities possible through Islamic contracts (Uqud Shar'iyya). He accepts insurance, in the absence of uncertainty (gharar) and harm (darar), under the contract of guarantee (Daman) or conciliation (Sulh). He considers paper money to lack intrinsic financial value (Maliyyat), viewing it merely as a representative of gold and silver. In family jurisprudence, Isfahani negates the 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 (Qameh-Zani), painting human figures, and 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) studied the introductory courses of the Islamic seminary in Isfahan and migrated to Najaf for advanced studies. He initially attended the classes of Habib Allah Rashti and, after his passing, participated in the classes of Akhund Khurasani, becoming one of his special students. Following the death of Akhund Khurasani, he took on the responsibility of teaching.[1] Among his students, one can mention Sayyid Mahmud Husayni Shahrudi, Sayyid Muhsin Tabataba'i Hakim, Sayyid Muhammad Hadi Milani, and Hashim Qazwini.[2] Following the demise of Mirza Na'ini (d. 1355 AH), Ha'iri Yazdi (d. 1355 AH), and 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'.[3] According to a historical analysis, after the Constitutional Revolution, only three individuals assumed the complete and general religious authority of the Shia: Sayyid Abu al-Hasan Isfahani, Sayyid Husayn Burujirdi, and Sayyid Ruhollah Musawi Khomeini.[4] Based on his recognition of the scientific and pious standing of Sayyid Husayn Burujirdi, Isfahani introduced him for religious authority and referred precautionary issues (Masa'il Ihtiyati) to him. This action was endorsed by religious scholars and the Shia community, paving the way for the public acceptance of Sayyid Husayn Burujirdi's religious authority.[5]

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.[6] Sayyid Abu al-Hasan Isfahani, who, like his teacher Akhund Khurasani, was among the constitutionalists of Iran,[7] 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 travel to Tehran and resigned from this responsibility after three months. In analyzing the reasons for Isfahani's absence in Tehran, multiple factors have been mentioned.[8] 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 he opposed pledging allegiance to King Faisal I.[9] 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 Mirza Shirazi.[10] 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),[11] as well as granting permission to spend the Imam's Share (Sahm al-Imam) to purchase the publication Al-Islam (an unprecedented move in allowing the expenditure of religious dues for the production of religious journals and countering the hostile actions of Reza Shah[12]), have been regarded as other jurisprudential and political actions of his.[13]

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.[14] Among his most important works in jurisprudence (Fiqh) and its principles (Usul), one can refer to 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, 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 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[15] 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).[16] He considered 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).[17]

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.[18]

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).[19]

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.[20]

Opposition to Tatbir and Extremism

Sayyid Abu al-Hasan Isfahani, according to some reports, opposed Tatbir (Qameh-Zani) as an irrational act that causes the defamation of Shia Islam.[21] 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.[22]

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.[23] He also annexed sleight of hand (unreal displays facilitated by the speed of movements) to magic (Sihr), considering it forbidden.[24]

Footnotes

  1. ↑ Amin, A'yan al-Shi'a, vol. 2, p. 332.
  2. ↑ Sharif-Razi, Ganjineh-ye Daneshmandan, vol. 7, p. 155.
  3. ↑ Riyahi, "Atabat va Naqsh-e Ta'thirgozar va Sazandeh-ye Marja'iyyat-e Ayatollah Sayyid Abu al-Hasan Isfahani", pp. 1 and 3.
  4. ↑ Amin, "Marja'iyyat va Siyasat", p. 8.
  5. ↑ Jannati, Tatawwur-e Ijtihad dar Howzeh-ye Istanbat, vol. 2, p. 264.
  6. ↑ 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.
  7. ↑ Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", p. 50.
  8. ↑ 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.
  9. ↑ Musawi and Hamidi, "Ayatollah Isfahani va Mashrutiyyat", pp. 50–54.
  10. ↑ Fathullahzadeh, "Bozorgmard-e Din va Siyasat", p. 127; Diya Hasan, Al-Marja'iyya al-'Amila, p. 40.
  11. ↑ Qazi Askar, "Mazlumiyyat-e Peyrovan-e Ali ibn Abi Talib dar Kenar-e Khaneh-ye Khoda", p. 134.
  12. ↑ Khamenei, Statements in the meeting with seminary students, scholars, and professors of the Qom Islamic Seminary, 2010/10/21 | 13 Dhu al-Qa'da 1431.
  13. ↑ 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.
  14. ↑ Baqiri Bidhendi, "Nujum-e Ummat", p. 109.
  15. ↑ Mashayekh, Neshasteh dar Dehliz.
  16. ↑ Isfahani, Wasilat al-Najat, pp. 235–240.
  17. ↑ Isfahani, Wasilat al-Najat, p. 245.
  18. ↑ Davoudi, Naqsh-e Foqaha-ye Shi'eh dar Hall-e Masa'il-e Mustahdatha, p. 211.
  19. ↑ Isfahani, Sirat al-Najat, vol. 2, p. 509.
  20. ↑ Rabbani, Madkhali bar Danesh-e Fiqh-e Muqaran, p. 175, quoting "Fiqh al-Imam al-Sadiq", vol. 5, p. 209.
  21. ↑ Ahmadvand, "Nogarayi-e Reza Shah va Iqdamat-e Ayatollah Isfahani", p. 111.
  22. ↑ Ayazi, Rah-e Afsaneh, vol. 2, p. 274.
  23. ↑ Isfahani, Sirat al-Najat, vol. 1, p. 22.
  24. ↑ Isfahani, Sirat al-Najat, vol. 1, p. 24.

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, 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.
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  • 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.
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