Mohammad Fazel Lankarani

Author: Mahdi Khosravi Sereshki

Mohammad Fazel Movahedi Lankarani (1310–1386 SH), commonly known as Mohammad Fazel Lankarani, was one of the Shia maraji al-taqlid of the fifteenth century AH. He was a student of Morteza Haeri Yazdi, Sayyid Hossein Tabatabaei Boroujerdi, Sayyid Ruhollah Khomeini, and Sayyid Mohammad Hossein Tabatabaei. His major jurisprudential works include “Tafsil al-Shari‘a fi Sharh Tahrir al-Wasila” and “Usul al-Shi‘a li-Istinbat Ahkam al-Shari‘a.” His establishment of the Jurisprudential Center of the Immaculate Imams (a) was among his initiatives for the development of contemporary Shia jurisprudence.

Ayatollah Fazel Lankarani
Name	Mohammad Fazel Movahedi Lankarani
Age	1310 SH - 1386 SH
Position	Marja al-taqlid
Denomination	Shia
Nationality	Iranian
Professors	Boroujerdi • Khomeini
Students	Mohammad Javad Fazel Lankarani • Abu al-Qasim Alidoust

• Abstract

Mohammad Fazel Lankarani’s jurisprudential and ijtihadi foundations rested on a combination of rigorous textualism and compatibility with reason; on the one hand, he adhered to the apparent meaning and import of narrations and regarded unrestricted and general expressions as authoritative only where customary understanding accepted them and the particular circumstances of the subject did not require a specific explanation from the Lawgiver. On the other hand, when a text conflicted with reason, he interpreted the narration in a manner that would not be incompatible with a definitive judgment of reason. In his method of inference, he belonged to the school of aggregation of presumptions; that is, rather than relying exclusively on the chain of transmission of a narration, he considered together a range of semantic indicators, context, circumstances of issuance, transmission by meaning, customary understanding, and the reputation of the early jurists in order to attain confidence in its issuance. In view of contemporary developments and the public interests of the Shia community, his approach led to a form of ijtihad that sought to maintain a balance between literalist rigidity and excessive precaution; consequently, in some cases, he reached fatwas contrary to the well-known opinion while continuing to remain within the Usuli framework.

Mohammad Fazel Lankarani issued numerous fatwas concerning new issues in medicine and medical treatment. In his view, guardianship of the jurist is not a subsidiary issue, and rational arguments may also be advanced to establish it. He regarded compliance with the laws enacted by the legal institutions of the Islamic Republic, as well as participation in elections, as religiously obligatory, and opposed the suspension of hudud punishments. According to his fatwa, non-polytheistic People of the Book are ritually pure, and it is permissible to share food with them unless the prohibition or impurity of the food is established. In his view, money is fungible and possesses nominal value; its rational purchase and sale are permissible, and inflation and the decline in the value of money do not affect the amount of a debt. He also regarded the sighting of the lunar crescent with optical instruments as valid.

Jurisprudential Biography

Mohammad Fazel Movahedi Lankarani (1310–1386 SH), commonly known as Mohammad Fazel Lankarani, was, after Mohammad Reza Golpaygani and Mohammad Ali Araki, among the seven maraji introduced by the Society of Seminary Teachers of Qom and had many followers. He studied at the Qom Seminary under teachers such as Morteza Haeri Yazdi, Sayyid Hossein Boroujerdi, Sayyid Ruhollah Khomeini, and Sayyid Mohammad Hossein Tabatabaei. During fifty years of teaching, he was one of the prominent instructors of the intermediate level—including teaching “Kifayat al-Usul”—and advanced courses in jurisprudence and principles of jurisprudence. Some contemporary jurists, including his son Mohammad Javad Fazel and Abu al-Qasim Alidoust, were among his students. Lankarani served for ten years as president of the Supreme Council for the Administration of the Qom Seminary, and in 1376 SH, with the aim of training jurists and mujtahids familiar with the requirements of the time, he established the Jurisprudential Center of the Immaculate Imams (a) in Qom, which today operates in Iran and abroad under the direction of Mohammad Javad Fazel Lankarani.

Jurisprudential and Usuli Works

“Tafsil al-Shari‘a fi Sharh Tahrir al-Wasila,” one of his most important jurisprudential works, is an extensive commentary on Imam Khomeini’s “Tahrir al-Wasila” in twenty-eight volumes. “Kitab al-Tahara” (lecture notes from Imam Khomeini’s advanced course in jurisprudence), “Nihayat al-Taqrir fi Mabahith al-Salat” (lecture notes from Hossein Boroujerdi’s advanced course in jurisprudence), “al-Qawa‘id al-Fiqhiyya,” “Risala fi al-Khums,” and “Thalath Rasa’il” (the rule of negation of hardship, dawn on moonlit nights, and the waiting period of a woman whose uterus has been removed) are among his published jurisprudential works. Several series of lecture notes from his courses in principles of jurisprudence have also been published.

To elucidate Fazel Lankarani’s views, a conference entitled “An Examination of the Method of Inference and Jurisprudential Innovations of Grand Ayatollah Fazel Lankarani” was held by the Islamic Propagation Office of the Qom Seminary in Qom on 20 Khordad 1388 SH.

Foundations of Ijtihad and Jurisprudential Method

A Jurist of the Qom School

Fazel Lankarani was regarded as a jurist trained in the Qom School of Jurisprudence. Sayyid Hashem Hosseini Bushehri considers him, after Sayyid Hossein Boroujerdi and Sayyid Ruhollah Khomeini, a prominent representative of the Qom school. Reza Ostadi has described Mohammad Fazel Lankarani’s teaching style as similar to the method of his teacher, Boroujerdi. According to Morteza Moqtadaei, he regarded Imam Khomeini’s foundations as superior to and stronger than those of prominent earlier jurists, such as Shaykh Ansari, the author of Jawahir, Muhaqqiq, and Allama. According to Mohammad Javad Fazel Lankarani, he also possessed complete mastery of the jurisprudential, Usuli, and biographical-evaluation views of Sayyid Abu al-Qasim Khoei and took into account the combined foundations of the two schools of Qom (aggregation of presumptions) and Najaf (rational discussions).

Moderation in Ijtihad and Attention to the Objectives of Sharia

According to Abu al-Qasim Alidoust, although Mohammad Fazel Lankarani belonged to the school of the aggregation and accumulation of presumptions, moderation in ijtihad was one of his prominent characteristics. In addition to adhering to jurisprudential and Usuli foundations, he incorporated the spirit of Sharia, overarching objectives, and emerging events into the process of inference; consequently, he did not become entangled in excessive precautions and, instead of rigid adherence to words and reliance on the chains of transmission of narrations, brought together reason, customary understanding, the practices of rational people, and Usuli principles. He regarded confidence in issuance as more important than the reliability of the narrator, and semantic evidence and the jurist’s personal conviction played a central role for him. He understood a narration not in isolation but within a network of evidence and authoritative presumptions, and in issuing fatwas he also considered the public interests of Shiism and avoided anything that might cause disrepute to the denomination. Moreover, while drawing on the heritage of Najaf and possessing full knowledge of the works and foundations of Sayyid Abu al-Qasim Khoei, he paid serious attention to the received principles and the reputation of the early jurists, and in cases of conflicting evidence, he regarded juristic reputation as the first criterion of preference.

The Foundation of Reason-Compatible Textualism

According to Ahmad Moballeghi, Mohammad Fazel Lankarani adopted a textualist approach compatible with reason. Contrary to the common approach, which promptly completes a ruling upon encountering an unrestricted or general expression, he believed that unrestricted expressions are not authoritative in subjects involving particular circumstances; in deriving unrestrictedness, he did not limit himself to prima facie indicators and viewed the range of relevant indicators more broadly. Even if all the conditions for establishing unrestrictedness were present, he would not accept it if customary understanding did not perceive the expression as unrestricted. His criterion for evaluating unrestrictedness was customary understanding, not merely the perspective of a mujtahid, and he believed that the Lawgiver must explicitly state the ruling in such cases. This perspective also led him to consider the developments of each era in the process of inference.

In interpreting the vocabulary of narrations, Lankarani likewise did not restrict himself to technical jurisprudential meanings but went beyond them. A clear example is his interpretation of “negation of objection” as negating a declaratory ruling. He envisaged three possible relationships between the text of a narration and other sources: if the text stands against the apparent meaning of the Quran, the apparent meaning of the Quran must be reinterpreted; if it is contrary to a rule, the narration must nevertheless be invoked; but if it is incompatible with a judgment of reason, the narration must be interpreted in a manner that does not conflict with reason.

Jurisprudence of Politics and Government

Guardianship of the Jurist and Legislative Institutions

In the field of jurisprudence of politics and government, Mohammad Fazel Lankarani did not regard the theory of guardianship of the jurist as an ordinary jurisprudential issue based solely on a few narrations such that it could be weakened by challenging their chains of transmission or implications. In his view, Imam Khomeini established the guardianship of the jurist through “reason and rational self-evidence”; for Islam has laws and directives governing all dimensions of life, including acts of worship and social affairs, and this comprehensiveness requires the guardianship and administration of a jurist. According to his fatwa, obedience to the ruling of the guardian jurist is religiously obligatory for everyone, including those who do not follow him as their marja, and compliance with the laws enacted by the Islamic Consultative Assembly, the Guardian Council, or the Expediency Discernment Council is likewise religiously obligatory for everyone.

The Individual Obligation to Participate in Elections

Fazel Lankarani regarded participation in elections within the system of the Islamic Republic as an individual obligation and maintained that women, even if prohibited by their husbands, do not require their husbands’ permission to leave the home and participate in elections.

Implementation of Hudud during the Occultation

Mohammad Fazel Lankarani opposed the theory of suspending hudud punishments or converting them into ta‘zir punishments and regarded the implementation of hudud during the Occultation as permissible and necessary. In his view, the implementation of hudud is not merely permissible as part of hisbi affairs but is also an instance of the absolute guardianship of the jurist.

In agreement with Imam Khomeini’s view, Mohammad Fazel Lankarani affirmed the applicability of the ruling on apostasy and the forfeiture of the apostate’s protection of life. On various occasions, he defended Imam Khomeini’s fatwa concerning the execution of Salman Rushdie, the author of The Satanic Verses, and regarded it as jurisprudentially substantiated.

Population Control and Family Planning

In Fazel Lankarani’s thought, an increase in the Muslim population is desirable, but population control is also permissible under particular circumstances. The government may encourage people to undertake family planning, but compulsion is permissible only by order of the guardian of affairs. Blocking the reproductive ducts of men and women and becoming sterile constitute a defect and are impermissible, while other lawful methods, such as coitus interruptus, are available for population control or the prevention of pregnancy. The temporary blocking of the fallopian tubes is permissible provided that the rules concerning mahram and non-mahram persons are observed.

Economic and Financial Jurisprudence

The Nature of Money, Its Purchase and Sale, and Inflation

According to Fazel Lankarani, the nature of money is not that of a commodity measured by volume or weight; rather, it is fungible, but its notional value is independent of its purchasing power. Therefore, the amount of a debt does not change with the passage of time and inflation. Furthermore, the purchase and sale of money and banknotes, whether for immediate or deferred payment, is permissible when the transaction is rational and does not constitute transactional riba.

According to Fazel Lankarani, money in the form of banknotes may serve as the capital of a mudaraba. He did not regard it as necessary to determine the mudaraba profit as a fractional share or specified percentage, but the amount of profit must be an amount ordinarily obtained from that mudaraba.

Rulings on Banks and Financial Institutions

Fazel Lankarani regarded the receipt of prizes paid by banks to encourage account holders as unobjectionable, and considered banks and interest-free loan funds authorized to use savings with the consent of the owners of the funds and through Islamic contracts.

According to Fazel Lankarani, the collection of compensation for delayed payment of a debt by a bank or non-bank institution is absolutely impermissible, even if characterized as compensation for the loss and harm caused by delayed payment of the debt. However, if it is stipulated within a binding contract, it is unobjectionable provided that its limits are specified and within the capacity of the party concerned.

Employer Liability for Accidents

According to Fazel Lankarani, an employer is not liable to pay blood money for injuries sustained by a worker in the workplace if the employer did not initially stipulate liability for such cases with the worker; however, if liability was stipulated, the accident is attributable to the employer, and the employer is customarily regarded as at fault, the employer must pay the blood money.

Sale of Blood

Fazel Lankarani regarded the sale of blood as permissible, although it is preferable that the payment be received in exchange for relinquishing possession of it.

Jurisprudence of Worship and Individual Conduct

Expansion of the Mataf (Circumambulation from the Second Floor)

In the jurisprudence of Hajj, Mohammad Fazel Lankarani discussed conciliatory taqiyya alongside other types of taqiyya in order to preserve the authenticity of Shiism while maintaining Muslim unity. In his view, the essential condition for the validity of circumambulation is that it be performed within an area where it may customarily be called “circumambulation of the House.” Regarding the performance of circumambulation from the second floor of the Sacred Mosque, he states that for those capable of performing circumambulation on the lower level between the House and the Station, circumambulation from the second floor is neither permissible nor valid; however, for persons with an excuse—such as those compelled to perform circumambulation on a litter or in a wheelchair—and when the sanctuary authorities do not in practice permit them to perform circumambulation on the first floor, or main courtyard, circumambulation from the second floor is valid, and they do not need to appoint a proxy.

Validity of Sighting the Crescent with Optical Instruments

According to Mohammad Fazel Lankarani’s final opinion, there is no difference in sighting the crescent between the aided and unaided eye, and sighting it with a telescope is sufficient, just as sighting it with eyeglasses, binoculars, and similar instruments is sufficient.

Rulings on Games and Entertainment

According to Fazel Lankarani, playing cards and chess without winning or losing is permissible if they are no longer regarded as gambling instruments, but illusionism, sleight of hand, and hypnosis are not free from objection and must be avoided. According to his fatwa, the prohibition of sculpture concerns its role in idolatry, and this prohibition does not entail an obligation to break or destroy statues.

Ritual Purity of the People of the Book and Their Food

Fazel Lankarani issued a fatwa affirming the ritual purity of the People of the Book—Christians, Jews, and Zoroastrians—provided that they are not polytheists. Therefore, the food of non-polytheistic People of the Book is not impure but is deemed pure and lawful, and eating with them is permissible unless it is known that the food has been prepared from impure meat or rendered impure by wine or the like.

Distinguishing between Simultaneous and Gradual Industrial Slaughter

According to Mohammad Fazel Lankarani’s fatwa concerning industrial slaughter, if all animals are slaughtered simultaneously and at once, reciting one basmala is sufficient; however, if the animals are placed on the apparatus gradually and slaughtered at separate times, one recitation is not sufficient, and a separate basmala must be recited each time a new animal is placed on the apparatus.

Jurisprudence of Medical Treatment and Emerging Medical Methods

Numerous works, fatwas, and responses to inquiries by Mohammad Fazel Lankarani have been published in the field of jurisprudence of medical treatment and medicine. In his view, dissection of a Muslim corpse for medical education is prohibited unless it is necessary to preserve Muslim lives and no non-Muslim corpse is available. Consulting a physician of the opposite sex is permissible only when consulting one of the same sex is impossible or would cause intolerable hardship, delay in treatment, aggravation of the illness, or similar necessities. He regarded the patient’s permission as necessary for dental procedures and held the physician liable if the procedure was performed without the patient’s permission; similarly, mistakenly extracting a healthy tooth entails blood money.

According to Fazel Lankarani, abortion is permissible if the mother’s life is endangered. Moreover, if necessary treatment of the mother results in miscarriage—whether before or after ensoulment—it is permissible.

Artificial Insemination

In the discussion of artificial insemination, Fazel Lankarani issued a fatwa that inseminating a wife with her husband’s sperm after his death is impermissible; however, if it is performed, the child is legitimate and inherits from the mother. Transferring an embryo to the uterus of another wife is permissible provided that the lawful preliminaries are observed. Implanting a husband’s and wife’s embryo in the uterus of an unrelated woman is impermissible, but if performed, the child belongs to the owners of the sperm and ovum, while the woman whose uterus bears the child is customarily regarded as the mother. Implanting an embryo in an animal’s uterus is permissible if it causes no adverse consequences. Combining the sperm and ovum of unrelated persons and transferring the resulting embryo to another woman’s uterus is impermissible, and surrogacy is likewise illegitimate. In certain cases, fertilization using unconventional materials, such as parts of the human body or plant-derived sources, may be permissible, and the child’s lineage is determined according to the origin of the reproductive material and the place in which it develops.

Gender Reassignment

According to Fazel Lankarani, gender reassignment is permissible under certain circumstances. If either spouse undergoes gender reassignment, the marriage contract becomes invalid, and the dower must be paid. If both undergo gender reassignment simultaneously, it is not unlikely that the marital relationship continues, although precaution requires renewal of the marriage contract. A woman legally required to undergo gender reassignment does not need her husband’s permission. If a man undergoes gender reassignment and becomes a woman, guardianship is removed from that person and transferred to the father, paternal grandfather, or guardian of affairs. The familial relationship remains, but its designation changes, and inheritance is calculated according to the new gender, except in the case of parents, for whom the former status is the criterion. Mahram status with one’s mahram relatives is preserved, but the person becomes non-mahram to those who formerly shared the same gender.

Organ Transplantation from Living and Deceased Persons

According to Fazel Lankarani, removing an organ from a living Muslim and transplanting it into another person, as well as the donation or sale of body organs, is unquestionably permissible subject to three conditions: the patient’s survival depends on the transplant, an organ from a non-Muslim is unavailable, and the procedure poses no danger to the donor’s life or intolerable risk.

If preserving a Muslim’s life depends on the transplantation of an organ from the body of a deceased Muslim and no substitute from a non-Muslim is available, removing and transplanting the organ is permissible, and a bequest concerning it is also valid; however, as a matter of precaution, its blood money must be paid and expended for the deceased. If the deceased made no bequest concerning organ donation, the preservation of the Muslim’s life is the criterion, and the consent or lack of consent of the deceased’s heirs has no effect on this ruling.