Encyclopedia of Contemporary Jurisprudence

Sculpture

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Sculpture

Author: Hamza Ahmadi

Sculpture has become a prominent topic in contemporary jurisprudence, gaining more attention due to the increasing use of sculptures and statues, leading to the emergence of new issues. Most Shi’a and Sunni jurists consensually consider the creation of sculptures depicting living beings, such as humans and animals, as prohibited (haram) based on narrations. However, the construction of sculptures depicting non-living entities has not received significant attention. Some jurists, however, reject the absolute prohibition of crafting sculptures of living beings. They base their argument on criteria derived from narrations, deeming the prohibition applicable only to cases involving [practices] misleading from the path of God, idolatry, resembling the actions of the Creator, or imitating polytheists. Exceptions to the prohibition of crafting sculptures of living beings include making incomplete or partial sculptures, as per the fatwa of Sayyid Abolqasem Khoei, creating sculptures using machinery, according to the fatwa of Sayyid Ruhollah Khomeini, and creating sculptures for medical education, as suggested by Naser Makarem Shirazi. In Shi’a jurisprudential works, there is no distinct section dedicated to sculpture, but relevant discussions are intertwined within chapters on prayer and trade. However, there are independent works dedicated to this subject.

Exposition of the Issue

Sculpture is one of the significant and challenging contemporary jurisprudential issues[1], alongside painting, and is addressed under the categories of “image,” “form,” and “statue” in Shi’a and Sunni narrative sources[2]. Some Shi’a jurists have emphasized the importance of sculpture in their works and have advocated for addressing its legal rulings. For instance, Makarem Shirazi highlights the use of sculpture in commemorating national[3], religious, and cultural figures in Islamic societies. Similarly, Mohammad Javad Fazel Lankarani sees sculpture as a tool for expressing truths and societal issues, which can be used to promote religious concepts and counter anti-religious propaganda. He also deems sculpture and related matters as necessities of human life[4]. Considering the circumstances of the time, the needs, and the necessities of the Islamic community, he sees it necessary for jurists to pay attention to these matters when deducing legal rulings[5]. According to Makarem Shirazi, computerized robots and dolls also fall under the category of sculpture[6]. Mohammad Eshaq Fayaz regards the creation of sculptures of humans and their body parts as a tool for educating medical students, replacing the need for human dissection[7]. According to Alireza A'rafi, the discussion on the prohibition and legal rulings related to sculpture was first introduced by Sheikh Mufid in the discourse of the jurists[8]. There is no independent section dedicated to sculpture in Shi’a jurisprudential sources; rather, its legal rulings are discussed within chapters on purity (rulings related to ritual ablution)[9], prayer (clothing and location of prayer and rulings for mosques)[10], and trade (impermissible trades)[11]. However, Sheikh Ansari, in his book “Kitab al-Makasib,” allocates a section to examining the juristic rulings of sculpture and the rulings related to earning income through it, under the general title “Inherently forbidden sources of income.”[12] The discussion on the juristic rulings of sculpture has made its way into the discourse of contemporary jurists through the teaching of this book and the commentaries written on it[13].

Jurisprudential Discussions Focused on Sculptures of Living Beings

Jurists have separated the jurisprudential rulings on crafting sculptures of living beings from non-living ones and have primarily focused their discussion and jurisprudential examination on sculptures of living beings, while sidelining the issue of crafting sculptures of non-living beings. While most jurists have considered creating sculptures of non-living entities permissible, Sheikh Ansari believes that if the sculpture of non-living entities evokes admiration and impresses the viewer, creating such sculptures is problematic[14]. Additionally, Ja’far Sobhani asserts that the statements of Abul Salah Halabi[15] and Ibn Barraj[16], regarding the impermissibility of creating sculptures apply even to sculptures of non-living beings[17].

Fatwas and Reasons for Prohibition and its Exceptions

According to Sheikh Ansari, the prohibition of crafting sculptures of living beings is generally accepted among Shi’a jurists[18], a view also embraced by Sunni scholars, as stated by Sayyid Abolqasem Khoei[19]. Among contemporaries, jurists such as Sayyid Abolqasem Khoei[20], Sayyid Ali Sistani[21], Sayyid Ruhollah Khomeini[22], Mohammad Ishaq Fayaz[23], Sayyid Mousa Shobeiri Zanjani[24], Naser Makarem Shirazi[25], and Lutfullah Safi Golpayegani[26] have all deemed crafting sculptures of living beings, such as humans and animals, as prohibited.

Evidence of Prohibition

Those jurists who advocate for the prohibition of crafting sculptures of living beings have focused solely on the matters mentioned in the textual evidence (Qur’an, narrations, and traditions), considering them the subject of the ruling and regarding them as what God intended. Most jurists who approve of sculpture creation do not consider these matters as independent but rather take into consideration broader concepts like “[practices] misleading from the path of God,” and criteria such as “idolatry,” “mimicking the Creator,” or “imitating polytheists” and have permitted creation of sculptures in the absence of these specific concepts and criteria. Accordingly, jurists have relied on narrative reasoning, namely narrations, and rational reasoning, like consensus [among jurists], to deduce the legal ruling on sculpture.

Narrations

The most important reason that jurists have relied on to examine the ruling of sculpting is narrations[27]. Sayyid Abulqasim Khoei considers narrations from both Sunni and Shia sources regarding the prohibition of sculpture living beings as beneficial[28], meanwhile Seyyed Mohammad Sadeq Rohani has categorized such narrations into four main groups: 1. Narrations indicating an absolute prohibition of images, whether sculptures or paintings, and whether representing living or non-living beings. For example, a narration by from Imam Sadiq (AS) narrated by Muhammad ibn Muslim explicitly forbids all forms of image-making (sculpture and painting)[29]. 2. Narrations specifically prohibiting the creation of sculptures, regardless of whether they represent living or non-living entities[30]. 3. Narrations only prohibiting the depiction of living beings, regardless of whether they are sculptures or not. For instance, a narration from Sheikh Saduq attributed to Imam Sadiq (AS) where the Prophet (PBUH) prohibited both sculpting and painting animals on rings[31]. 4. Narrations exclusively emphasizing the prohibition of crafting sculptures of living beings. An example is an authentic narration from Imam Sadiq (AS), allowing the creation of images or sculptures only for non-living entities like trees, the sun, the moon, and similar objects[32]. In the same vein, Sayyid Ruhollah Khomeini has enumerated another category of narrations. Given the necessity of observing the proportionality of the legal ruling to the subject, he asserts that prohibitions on sculptures or statues apply only to cases where they are used for worship[33]. For instance, narrations that label sculpting as one of the heinous acts, mention severe punishments for the perpetrator[34]. According to Ayatollah Khomeini, the promised punishments in these narrations are so severe that they do not align with merely sculpting or painting. Sculpting, in terms of the intensity of its reprehensibility, is not higher than major sins such as unjust killing and sodomy These narrations, according to Ayatollah Khomeini, consider sculpture creation a heinous act deserving severe punishments, but the severity is not equivalent to major sins like unjust killing, homosexuality, etc. Therefore, he concludes that the prohibitions in this category of narrations specifically target sculptures used as idols for worship[35].

Consensus Among Jurists and its Critique

There has not been a consensus among jurists regarding the prohibition of sculpture. However, according to Hossein Ali Montazeri, the first person to claim consensus on this issue was Muhaqqeq Karaki[36] and no previous jurists have claimed consensus on this matter. This purported consensus has been criticized by jurists such as Sayyid Taqi Tabatabai Qomi and Hossein Ali Montazeri. They argue that this consensus is not a clear or probable proof and believe that there are numerous narrations, transmitted through both Shia and Sunni sources, which may provide plausible evidence for the permissibility of sculpture creation. Hence, they contend that consensus is not an independent proof for this matter. There is no consensus among jurists regarding the prohibition of sculpture. Seyyed Taqi Tabatabai Qomi and Hossein-Ali Montazeri criticized the alleged consensus, claiming it to be a consensus with known origins[37] or probable evidence and believe that there is a likelihood that the evidence for the jurists' verdict on the prohibition of sculpture comes from numerous narrations in both Shia and Sunni sources. Therefore, they believe that this consensus does not qualify as an independent proof for this matter[38].

Exceptions to the Prohibition

Despite the widely accepted prohibition on creating sculptures of living beings, some jurists have made exceptions, including: 1. Naser Makarem Shirazi: Embossed patterns seen in plasterwork, carving, toreutics, and similar crafts, as well as dolls, and items considered toys, sculptures created for deceiving enemies and are a strategic necessity, and sculptures made from various pieces used in medical education are exceptions to the prohibition[39]. 2. Sayyid Ruhollah Khomeini: If a sculpture is made using machinery, it is not considered prohibited because the evidence for the prohibition of sculpture only applies to cases where an individual manually creates sculptures[40]. 3. Sayyid Abolqasem Khoei, Lutfollah Safi Golpayegani, and Ja’far Sobhani: Creating incomplete or partial sculptures of humans and other animals is permissible. However, Safi Golpayegani deems crafting a sculpture that includes major parts such as the head, face, and chest as problematic, adding that crafting sculptures of hands, feet, or heads alone is not problematic[41].

Fatwas and Reasons for Permission

Many jurists who have issued fatwas permitting sculpture base the reason for its prohibition on criteria derived from narrations. They argue that if these criteria are not present, even crafting sculptures of living beings is considered permissible. Some of these viewpoints are as follows: • According to Hussein Ali Montazeri, the prohibition of sculpture creation and similar acts in narrations is due to the fact that, at the time these narrations were issued, crafting sculptures was associated with worshipping beings other than God and associating partners to Him. Therefore, if sculpture does not serve this purpose and solely has artistic and cultural aspects, it is considered permissible[42]. • Mohammad Ibrahim Jannati considers sculpture creation as one of the valuable arts and argues that, since sculpture in the Islamic Republic of Iran today does not have any impure motives or polytheistic inclinations, the act is permissible[43]. However, he emphasizes that crafting sculptures for the purpose of worship, veneration, and imitating idolaters and polytheists is prohibited[44]. • Mohammad Javad Moghniyah believes that if sculpture making is not done for illegitimate purposes but serves intellectual goals, such as highlighting the grandeur and glory of civilizations and their history, it is not problematic[45]. He also believes that the fatwas prohibiting sculpture lack evidence and are simply precautionary[46]. • According to the fatwa of Yousef Saanei, sculpture making itself is not prohibited, and if it is done for intellectual purposes, it is permissible[47]. • Sheikh Javad Tabrizi believes that crafting sculptures of living and non-living beings is permissible, though it is recommended to avoid it[48]. • Sayyid Ali Khamenei considers crafting sculptures of living beings as permissible and states that buying, selling, keeping, and even displaying them in exhibitions is not problematic[49].

Issues Related to Sculpture

In addition to discussing the fundamental ruling on sculpture, jurists have also addressed related topics such as the “keeping, buying and selling of sculptures” and “destroying sculptures.”

Keeping, Buying, and Selling Sculptures:

Most jurists have considered buying, selling, and keeping sculptures, even those depicting living beings, as permissible[50]. According to Khoei, the available evidence only indicates the prohibition of sculpture making, and there is no evidence prohibiting its keeping, buying, and selling[51]. Among contemporary jurists, figures like Lutfollah Safi Golpayegani and Naser Makarem Shirazi have deemed buying, selling, and owning sculptures of living beings, earning a living out of it and earning wages by making sculptures as prohibited[52]. Sheikh Ansari considers keeping, buying, and selling sculptures of living beings as reprehensible[53].

Destroying Sculptures:

According to Alireza A’rafi, while explicit statements from early scholars regarding the prohibition to keep sculptures or the obligation to destroy them are not found, some jurists' statements can be interpreted to imply this obligation[54]. The evidence that may indicate the obligation to destroy sculptures and the prohibition to keep them include: • Just as creating a sculpture is considered reprehensible by God, its existence is also reprehensible[55]. Therefore, what implies the prohibition of sculpture-making also suggests the obligation to destroy it[56]. However, Sheikh Ansari believes that, based on narrations, only creating a sculpture is prohibited, but its existence is not reprehensible in the view of God to conclude that destroying it is obligatory. Similarly, Mohammad Fazel Lankarani believes that there is no explicit obligation between the prohibition of sculpture and the necessity to destroy it[57]. • There are narrations where breaking sculptures is commanded[58]. However, scholars like Sayyid Mohammad Sadeq Rouhani and Mohammad Fazel Lankarani argue that these narrations specifically refer to cases where sculptures are used as idols for worship and veneration[59].

Perspective of Sunni Schools

According to the four main Sunni schools of thought, namely Maleki, Shafe’i, Hanafi, and Hanbali, creating sculptures of living beings, such as humans and animals, is considered prohibited[60]. Abdul Rahman bin Muhammad Jaziri, an Egyptian jurist and scholar, argues that if sculpture serves legitimate purposes such as education and training, it falls outside the realm of the prohibition[61]. He mentions that some Sunni schools, like the Maliki school, consider the creation, buying, and selling of dolls for girls permissible, that they learn child-rearing through play[62].

Study Resources

Original Article: Sculpture (Study Resources) The topic of sculpture has been addressed in contemporary jurisprudential works in two ways: 1. Sculpture has been discussed alongside other jurisprudential topics in some works, including “Masbah al- Fiqaha" – jurisprudential lectures by Sayyid Abulqasim Khoei, “Al-Makasib al-Muharramah" – written by Sayyid Ruhollah Khomeini, “Darasat fi al-Makasib al-Muharramah" – authored by Hussein Ali Montazeri, “Fiqh al-Sadiq" – composed by Sayyid Mohammad Sadeq Rouhani, “Al-Mawahib fi Tahrir Makasib al-Muharramah" – lectures of higher Islamic studies by Ja’far Sobhani.

2. Monographs: Independent works written specifically on the subject of sculpture, such as: • Sculpture and Painting: Lectures of higher Islamic studies by Alireza A’rafi on the topic of sculpture and painting, transcribed by Alireza Abedinzadeh. • Image and Sculpture in Shia Jurisprudence: A work by Sayyid Abbas Sayyid Karimi, written in Persian and spanning 224 pages, it explores the viewpoints of Shia jurists and their evidences regarding the legal rulings on images and sculpture.

References:

  1. Ibn Barraj, Abdul Aziz, Al-Muhadhab, Qom, Islamic Publishing Institute, 1406 AH.
  2. Ahmad ibn Hanbal, Musnad Ahmad, Beirut, Al-Risalah Institute, 1416 AH.
  3. Bukhari, Muhammad ibn Ismail, Sahih Bukhari, Damascus, Dar Tawq al-Najah, 1st edition, 1422 AH.
  4. Tabrizi, Mirza Javad, Tawzih al-Masa'il, Qom, Hijrat Publications, 1382 SH.
  5. Tohidi Tabrizi, Muhammad Ali, Misbah al-Fuqaheh: Taqrirat-e Dars-e Ayatollah Khoei, Qom, Davari Publications, 1st edition, 1377 SH.
  6. Jazayri, Abdul Rahman, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Beirut, Dar al-Kutub al-'Ilmiyah, 1424 AH.
  7. Janati, Muhammad Ibrahim, " Nazariyeh Ijtihadi Tafri’ei va Tatbighi," Political Science, No. 21, 1382 SH.
  8. Hur Ameli, Muhammad ibn Hasan, Wasa'il al-Shi'a, Qom, Moassaseh Al al-Bayt Alayh al-Salam le Ahya al-Turath, 3rd edition, 1416 AH.
  9. Hosseini, Ahmad, "Jawaz Mujassameh-sazi va Naqashi," Fiqh Magazine, No. 4 and 5, Summer and Autumn 1374 SH.
  10. Halabi, Abu Salah, Al-Kafi fi al-Fiqh, Isfahan, Maktabat al-Imam Amir al-Mu'minin Alayh al-Salam, 1st edition, 1403 AH.
  11. Khamenei, Sayyid Ali, Risaleh Ajwabat al-Istifta'at, Tehran, International Printing and Publishing Company, 1388 SH.
  12. Khomeini, Ruhollah, Al-Makasib al-Muharramah, Qom, Institute for Compilation and Publication of Imam Khomeini's Works, 1st edition, 1415 AH.
  13. Khomeini, Ruhollah, Tahreer al-Wasilah, Tehran, Institute for Compilation and Publication of Imam Khomeini's Works, 1379 SH.
  14. Khomeini, Ruhollah, Tawzih al-Masa'il, Tehran, Organization for Printing and Publishing the Works of the Ministry of Culture and Islamic Guidance, 9th edition, 1372 SH.
  15. Khoei, Sayyid Abul-Qasim, Tawzih al-Masa'il, Qom, Mehr Publications, 1412 AH.
  16. Rouhani, Mohammad Sadiq, Fiqh al-Sadiq, Qom, Imam Sadiq (AS) Seminary, 1412 AH.
  17. Sistani, Sayyid Ali, Tawzih al-Masa'il, Qom, Mehr Publications, 1415 AH.
  18. Shobeiri Zanjani, Musa, Tawzih al-Masa'il, Qom, Wila Research Institute, 1384 SH.
  19. Sheikh Ansari, Morteza, Kitab al-Makasib, Qom, Bagheri Publications, 1415 AH.
  20. Safi Golpaygani, Jame' al-Ahkam, Qom, Office for the Compilation and Publication of the Works of Ayatollah Safi Golpaygani, 1385 SH.
  21. Safi Golpaygani, Lotfollah, Tawzih al-Masa'il, Mehr Publications, 1414 AH.
  22. Safi Golpaygani, Lotfollah, Hidayat al-‘Ibad, Qom, Dar al-Qur'an al-Karim, 1416 AH.
  23. Tabatabai Qomi, Sayyid Taqi, 'Umdat al-Matalib fi al-Ta'liq 'ala al-Makasib, Qom, Mahallati Publications, 1st edition, 1414 AH.
  24. Abedinzadeh, Ahmad, Mujassameh va Naqashi: Taqrirat Dars Kharij Alireza A'arafi, Qom, Eshraq va Erfan Institute, 1390 SH.
  25. Fazel Lankarani, Mohammad, Tafsil al-Shari'ah: al-Makasib al-Muharramah, Qom, Markaz Fiqhi Aimmah Athar (AS), 1st edition, 1385 SH.
  26. Fazel Lankarani, Mohammad, Tawzih al-Masa'il, Qom, Mehr Publications, 7th edition, 1374 SH.
  27. Fazel Lankarani, Mohammad Javad, " Mouzu’at wa Melakat dar Fiqh Honar," Elahiyat-e Honar Journal, No. 10, Autumn 1396 SH.
  28. Faiyyaz, Mohammad Is'haq, Al-Istifta'at al-Shar'iyyah, Al-Kalamat al-Tayyibah, 1st edition, 1434 AH.
  29. Kulayni, Muhammad ibn Ya'qub, Al-Kafi, Qom, Dar al-Hadith, 1st edition, 1387 SH.
  30. Mujassameh-sazi va Hunarhay Tajassumi, Website of Grand Ayatollah Sanei, Date of Access: 30 Shahrivar 1400 SH.
  31. Muhaqqeq Karaki, Ali ibn Hussein, Jame' al-Maqasid, Qom, Al al-Bayt Institute, 2nd edition, 1414 AH.
  32. Mughniyah, Muhammad Jawad, Falsafat Islamiyyah, Beirut, 6th edition, 1993 CE.
  33. Makarem Shirazi, Naser, Estifta'at Jadid, Qom, Madrasat al-Imam Ali ibn Abi Talib (AS), 2nd edition, 1427 AH.
  34. Montazeri, Hossein Ali, Darasat Fi al-Makasib al-Muharammah, Qom, Tafakkor Publications, 1415 AH.
  35. Montazeri, Hossein Ali, Risalah-e Estifta'at, Tehran, Tafakkor Publications, 1373 SH.
  36. Najafi, Sheikh Muhammad Hasan, Jawahir al-Kalam, Beirut, Dar Ihya al-Turath al-Arabi, 7th edition, 1362 SH.
  37. Naraghi, Mullah Ahmad, Mustanad al-Shi'ah fi Ahkam al-Shari'ah, Qom, Al al-Bayt Institute, 1415 AH.
  38. Nouri, Hossein ibn Muhammad Taqi, Mustadrak al-Wasail, Qom, Al al-Bayt Institute, 1408 AH.
  39. Vahid Khorasani, Hossein, Tawzih al-Masa'il, Qom, Madreseh Baqer al-Ulum (AS), 1421 AH.
  40. Yaqoubi Isfahani, Sayfullah, Al-Mawahib fi Tahrir Ahkam al-Makasib, Qom, Imam Sadiq (AS) Institute, 1424 AH.

FootnotesSmall text

[[fa:مجسمه‌سازی]

  1. ↑ 1. Montazeri, Darasat Fi al-Makasib al-Muharammah, Vol. 2, p. 542.
  2. ↑ 2. For example, see Hur Ameli, Wasa'il al-Shi'a, Vol. 5, pp. 174-176; Ahmad ibn Hanbal, Musnad Ahmad, Vol. 4, p. 65; Bukhari, Sahih al-Bukhari, Vol. 3, p. 136.
  3. ↑ Makarem Shirazi, Istifta’at -Jadid, Vol. 2, p. 239.
  4. ↑ Fazel Lankarani, Mouzu’at wa Melakat dar Fiqh Honar, p. 27.
  5. ↑ Fazel Lankarani, Mouzu’at wa Melakat dar Fiqh Honar, p. 27.
  6. ↑ Makarem Shirazi, Istifta’at -Jadid, Vol. 3, p. 168.
  7. ↑ Faiyyaz, Istifta’at al-Shar'iyah, Vol. 1, p. 109.
  8. ↑ Abidinzadeh,Mujassameh wa Naqqashi: Taqrirat-e Dars-e Ayatollah A’arafi, p. 24.
  9. ↑ Naraghi, Mustanad al-Shi'a, Vol. 2, p. 180.
  10. ↑ Najafi, Jawahir al-Kalam, Vol. 8, p. 383.
  11. ↑ Rouhani, Fiqh al-Sadiq, Vol. 14, p. 218.
  12. ↑ 12. Sheikh Ansari, Kitab al-Makasib, Vol. 1, p. 183.
  13. ↑ 13. For example, see Tohidi Tabrizi, Misbah al-Fiqhaheh: Taqrirat-e Dars-e Ayatollah Khoei, Vol. 1, p. 353; Khomeini, Al-Makasib al-Muharramah, Vol. 1, p. 168; Montazeri, Darasat Fi al-Makasib al-Muharammah, Vol. 2, p. 541.
  14. ↑ 14. Sheikh Ansari, Kitab al-Makasib, Vol. 1, p. 188.
  15. ↑ 15. Halabi, Al-Kafi fi al-Fiqh, p. 281.
  16. ↑ 16. Ibn Barraj, Al-Muhadhab, Vol. 1, p. 344.
  17. ↑ 17. Ya'qoubi Isfahani, Al-Mawahib fi Tahreer Maksab al-Muharramah, p. 377.
  18. ↑ 18. Sheikh Ansari, Kitab al-Makasib, Vol. 14, p. 183.
  19. ↑ Tohidi Tabrizi, Misbah al-Fiqhaheh, Vol. 1, p. 353.
  20. ↑ 20. Khoei, Tawzih al-Masa'il, p. 262.
  21. ↑ 21. Sistani, Tawzih al-Masa'il, p. 423.
  22. ↑ 22. Khomeini, Tahreer al-Wasilah, Vol. 1, p. 472.
  23. ↑ 23. Faiyyaz, Al-Istifta'at al-Shar'iyyah, Vol. 2, p. 13.
  24. ↑ 24. Shobeiri Zanjani, Tawzih al-Masa'il, p. 80.
  25. ↑ 25. Makarem Shirazi, Istifta'at Jadid, Vol. 1, p. 158.
  26. ↑ 26. Safi Golpaygani, Tawzih al-Masa'il, p. 409.
  27. ↑ Najafi, Jawahir al-Kalam, Vol. 22, p. 41.
  28. ↑ 28. Tohidi Tabrizi, Misbah al-Fuqaheh, Vol. 1, p. 359.
  29. ↑ 29. Rouhani, Fiqh al-Sadiq, Vol. 14, p. 218; Nuri, Mustadrak al-Wasail, Vol. 13, p. 210.
  30. ↑ Rouhani, Fiqh al-Sadiq, Vol. 14, p. 218.
  31. ↑ Rouhani, Fiqh al-Sadiq, Vol. 14, p. 221; Hur Ameli, Wasa'il al-Shi'a, Vol. 17, p. 297.
  32. ↑ Rouhani, Fiqh al-Sadiq, Vol. 14, p. 221; Hur Ameli, Wasa'il al-Shi'a, Vol. 17, p. 296.
  33. ↑ 33. Khomeini, Al-Makasib al-Muharramah, Vol. 1, p. 169.
  34. ↑ 34. Nouri, Mustadrak al-Wasail, Vol. 13, p. 210.
  35. ↑ Khomeini, Al-Makasib al-Muharramah, Vol. 1, p. 169.
  36. ↑ Muhaqqeq Karaki, Jame' al-Maqasid, Vol. 4, p. 23.
  37. ↑ Ijma’ al Madraki is a type of consensus whose origins are currently available in other jurisprudential sources i.e. Qur'an and Prophetic narrations.
  38. ↑ Montazeri, Darasat Fi al-Makasib al-Muharammah, Vol. 2, p. 557.
  39. ↑ Montazeri, Darasat Fi al-Makasib al-Muharammah, Vol. 2, p. 569; Tabatabai Qomi, Umdat al-Matalib fi Taliq 'ala al-Makasib, Vol. 1, p. 167.
  40. ↑ Makarem Shirazi, Istifta'at Jadid, Vol. 3, p. 168.
  41. ↑ Khomeini, Al-Makasib al-Muharramah, Vol. 2, p. 177.
  42. ↑ Tohidi Tabrizi, Misbah al-Fuqaheh, Vol. 1, p. 369; Safi Golpaygani, Jame' al-Ahkam, Vol. 1, p. 307; Ya'qoubi Isfahani, Al-Mawahib fi Tahreer Ahkam al-Makasib, p. 399.
  43. ↑ Safi Golpaygani, Jame' al-Ahkam, Vol. 1, p. 308.
  44. ↑ Montazeri, Risaleh Istifta'at, Vol. 2, p. 325.
  45. ↑ Janati, Nazariyeh Ijtihadi Tafri’ei va Tatbighi, p. 38.
  46. ↑ Janati, Nazariyeh Ijtihadi Tafri’ei va Tatbighi, p. 38; Hosseini, Jawaz Mujassameh-Sazi va Naqashi, p. 213.
  47. ↑ Mughniyeh, Falsafat Islamiyah, p. 921.
  48. ↑ Mughniyeh, Falsafat Islamiyah, p. 921.
  49. ↑ "Mujassameh-sazi va Hunarhay Tajassumi," Website of Grand Ayatollah Sanei.
  50. ↑ Tabrizi, Tawzih al-Masa'il, p. 358.
  51. ↑ 51. For example, see Khoei, Tawzih al-Masa'il, p. 356; Tohidi Tabrizi, Misbah al-Fuqaheh, Vol. 1, p. 382; Sistani, Tawzih al-Masa'il, p. 423; Khomeini, Tawzih al-Masa'il, p. 275; Vahid Khorasani, Tawzih al-Masa'il, p. 582; Fazel Lankarani, Tawzih al-Masa'il, p. 395; Shobeiri Zanjani, Tawzih al-Masa'il, p. 80.
  52. ↑ Tohidi Tabrizi, Misbah al-Fuqaheh, Vol. 1, p. 240.
  53. ↑ Sheikh Ansari, Kitab al-Makasib, Vol. 1, p. 197.
  54. ↑ Abidinzadeh, Mujassameh wa Naqqashi: Taqrirat-e Dars-e Ayatollah A’arafi, p. 552.
  55. ↑ Rouhani, Fiqh al-Sadiq, Vol. 14, p. 238.
  56. ↑ Sheikh Ansari, Kitab al-Makasib, Vol. 1, p. 193.
  57. ↑ Fazel Lankarani, Tafsil al-Shari'ah: Al-Makasib al-Muharramah, p. 157-158.
  58. ↑ Kulayni, Al-Kafi, Vol. 13, p. 233.
  59. ↑ Rouhani, Fiqh al-Sadiq, Vol. 14, p. 240; Fazel Lankarani, Tafsil al-Shari'ah: Al-Makasib al-Muharramah, p. 142.
  60. ↑ Jazayri, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Vol. 2, p. 40-41.
  61. ↑ Jazayri, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Vol. 2, p. 40.
  62. ↑ Jazayri, Kitab al-Fiqh 'ala al-Madahib al-Arba'ah, Vol. 2, p. 40.
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