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Home , Ibn Babawayh, Makasib, Minor Occultation, Mirza Shirazi, Mulla Sadra, Qiyas

Introduction to Islamic Lesson 2 Introduction to Islamic Law

• The science of Islamic has an uninterrupted history going back over a thousand years. • Masters have trained students and those students in their turn have trained other students, and this has continued down the ages until today. Furthermore, this relationship between master and pupil has never been broken. • One of the preparations for learning about any field of knowledge is to pay attention to the famous personalities of that field, the views and ideas of whom were important, and to their scholarly contributions. Introduction to Islamic Law

• We will begin the history of the Shia jurists from the period of the 12th ’s minor " (260 AH) and this we will do for two reasons: • 1. The period prior to the "" was the period of the presence of the holy . Although there were legal experts in the Islamic world, people generally made an effort to ask the imams and only resorted to these scholars if they did not have access to the imams. • 2. In the formal, classified jurisprudence, we are limited to the period of the minor occultation, None of the actual books in jurisprudence from that period has reached us. Introduction to Islamic Law

• Amongst the Shias, there were great jurists during the days of the holy Imams, whose eminence is attested to by scholars of the Sunni tradition. تﺳرﮭﻔﻟا ”writes in his “Fihrist , نﺑا مﯾدﻧﻟا For example, Ibn Nadim • mentioned that Husayn ibn Sa'id Ahwazi and his brother, were both notable Shia jurists: ﻊﺳوأ لھأ ﺎﻣز ﺎﻣﮭﻧ ﺎﻣﻠﻋ ﺑ ﺎ ﻟ ﮫﻘﻔ رﺎﺛﻵاو او ﻧﻣﻟ ﺎ بﻗﺎﻧﻟا ﺎﻵوﮫﻔﻟﺎﺑ ﻣﻋ ﻣﻧﺎزلأﻊو "They were the best of those of their time in knowledge of jurisprudence and …” Introduction to Islamic Law

• And, about ibn Ibrahim Qummi, who was the teacher of Shaykh al- Kulayni, he writes: نﻣ ا ﻟ ﻌ ﻠ ﻣ ﺎ ء ا ﻟ ﻔ ﻘ ﮭ ﺎ ء ن “He was among the scholars and jurists...” • And about Muhammad b. Hasan b. Ahmad b. Walid, he writes: ﮫﻟ نﻣ ا بﺗﻛﻟ بﺎﺗﻛ ا ﻊﻣﺎﺟﻟ نﻣ ا ﮫﻘﻔﻟان ﻣﺟ ﺎﻛبﻛ ﻣﮫ “He as a comprehensive book on Islamic law…” Introduction to Islamic Law

• Thus, there were Shia jurists and legal experts during the time of the imams but the need for jurists was more pronounced during the minor and . • New issues and questions arose that were not explicitly mentioned in the religious texts and therefore there was great reliance on the scholars and legal experts by the community. Introduction to Islamic Law

• We will quickly examine the names and contributions of the 1\most prominent legal experts in the Shia tradition over the course of the last 11 centuries: • 1. Ali al-Qummi:, who is the father of Shaykh al-Saduq, who died in 329 AH (the year the minor occultation ended). He is اﻟﺻدوﻗَﯾن buried in Qum. Him and his son are often referred to as Introduction to Islamic Law

• 2. Muhammad Ibn Masoud al-Ayyashi al-Samarqandi: al-'Ayyashi was first Sunni, but after studying Shia works, he became Shia. He was a contemporary of Kulayni and wrote an important tafseer of the known as “Tafseer al-Ayyashi”. • Ibn Nadim says that Ayyashi’s books were very popular in Khurasan. • After his education in scientific centers of , and , al- Ayyashi returned to Samarqand and began teaching and preaching Shia religious teachings. Many reciters of the Quran,writers and scholars went to his house every day. • He held two sessions: One scientific session for all people publicly and another gathering for his special students privately Introduction to Islamic Law

• 3. Ibn Abi Aqil al-Ammani: He died shortly after the minor occultation. He was the teacher of Ja’far ibn Qawlaway, the teacher of Shaykh al-Mufid. • Shia scholars have confirmed his reliability as a narrator of hadith. Some take him to be the first Shia scholar of to have refined the discipline at the beginning of the minor occultation. Introduction to Islamic Law

• 4. Ibn al-Junayd al-Iskafi: Ibn al-Junayd was born in Iskaf near Baghdad. He was one of the teachers of Shaykh Mufid. • Ibn al-Junayd and Ibn Abi Aqil al-'Ummani are both called "al- Qadimayn" (that is, two ancient scholars of jurisprudence). • He authored about 50 books. • One characteristic of Ibn al-Junayd's jurisprudence is his inclination towards more cautious fatwas. He has a tendency to take all commands to imply (obligation) and all prohibitions to imply (prohibition) in issues of worship and transactions. Introduction to Islamic Law

narrated by one) رﺑﺧ ا ﻟ و دﺣا And he relied on khabar al-wahid • or very few people), which puts him against the majority of early Shia scholars of jurisprudence and on board with Sunni scholars and Imamiyya In many of his arguments in jurisprudence, he appealed to khabar al-wahid, to which Shaykh Mufid objected. • He relied on () in agreement with and other Sunni scholars, and it seems that he wrote some books in this regard. • He was killed in 381 AH. Introduction to Islamic Law

• 5. Muḥammad b. Muḥammad b. al-Nuʿmān al-ʿUkbarī al- Baghdādī popularly known as Shaykh al-Mufid: He was great theologian, scholar of hadith and jurist. • Born in 336 AH and died in 413 AH. • When he passed away, almost all of the residents of Baghdad attended his funeral. ﺔﻌﻧﻘﻣﻟا ”’His famous book in fiqh is called “Al-Muqni • • The son-in law of Shaykh Mufid, Abu Y'ala J'afari, tells us that Shaykh Mufid slept little at night, and spent the rest in worship, study and teaching or reciting the Qur’an. Introduction to Islamic Law

• Before al-Shaykh al-Mufid, taking hadith at face-value was very common and using intellect and rational approach to draw out religious rulings was not very popular. • Al-Shaykh al-Mufid stood against the dominant stagnation and by compiling the principles of fiqh, founded a new fiqh in practice. This approach in was a middle way between hadith approach of Shaykh al-Saduq and the comparative approach of Ibn Junayd in fiqh. Introduction to Islamic Law

• 6. Ali b. al-Husan, known as al-Murtadha or al- Murtadha: He was a leading theologian and jurist who earned the honorific title of “The Flag of Guidance”. • Born in 355 AH and died in 436 AH • Famous story of him and his brother. • Hilli calls him “The teacher of the Shias of the Imams” • He was a master of ethics, theology and jurisprudence. His views on jurisprudence are still studied by the jurisprudents of today. Introduction to Islamic Law

ﻧﻹأ رﺎﺻﺗ His most famous book on Islamic law is • • It is a book on jurisprudence including the rulings definitely or supposedly specific to Shia. • This book contains 319 jurisprudential issues and is important historically and scientifically, since it is the oldest Shia reference in jurisprudence which includes comparative issues and has mentioned different opinions. Introduction to Islamic Law

• 7. Muḥammad b. al-Ḥasan b. ʿAlī b. al-Ḥasan, known as Shaykh al- Tusi: • Shaykh Abu Ja’far Tusi, one of the shining stars of the Islamic world, wrote many books on jurisprudence and the principles of jurisprudence, Traditions, commentaries, theology and the transmitters. • Originally from Khorasan (in east ), he was born in 385 A.H. and after twenty-two years emigrated to Baghdad which in those days was the great center of and culture. He stayed in Iraq the rest of his life and after the demise of his teacher, Sayyid Murtadha, he became the highest religious authority. Introduction to Islamic Law

• remained for twelve more years in Baghdad but then, due to a series of disturbances in which his house and library were ravaged, he left for where he formed the famous scholastic centre which still exists today. There, in the year 460 A.H., he passed away. • One of the books which were compiled about jurisprudence by and was used as a textbook ﺔﯾﺎﮭﻧﻟا ,Shaykh Tusi was called An-Nahayeh for religious students. Introduction to Islamic Law

brought jurisprudence into a new stage and طوﺳﺑﻣﻟا ,Another, Mabsut • was the most famous Shi'ite book of jurisprudence of its time. It is a comprehensive book on law containing juristic reasoning. another of his books, he wrote about both the views فﻼﺧﻟا ,In Khelaf • of the jurisprudents of the Sunni schools and also those of the Shi'ite jurisprudents. Comparative jurisprudence. • He also wrote other books about jurisprudence, and, until about a century ago, whenever the name Shaykh was mentioned the man meant was Shaykh Tusi, and by Shaykhayn was meant Shaykh Tusi and Shaykh Mufid. Introduction to Islamic Law

• According to what has been related in some books, it seems the daughters of Shaykh Tusi were also distinguished jurists. • Shaykh Tusi’s son, Shaykh Abu Ali, was a great scholar who became known as ”The Second Mufid”. He wrtote a commentary on his ﺔﯾﺎﮭﻧﻟا ,father’s book An-Nahayeh • Shaykh Tusi’s grandson, Shaykh Abul Hassan, became the highest religious authority in the Shia world. Introduction to Islamic Law

• 8. Ibn al-Barraj: • He was a student of Sayyid Murtadha and Shaykh al-Tusi • Ibn Barraj was al-Tusi's constant companion until al-Shaykh al-Tusi appointed him as his representative in Syria. He became one of the great scholars of the region and consequently was appointed as the judge of Tripoli by Jalal al-Mulk (Sunni ruler) in 438 AH. وﺟ ا رھ ا ﻟ ﻔ ﻘ ﮫ and بذﮭﻣﻟا His famous works are • • He died in 481 AH Introduction to Islamic Law

• 9. Shaykh Abu as- al-Halabi: • Student of Sayyid Murtadha and Shaykh Tusi • He lived 100 years and died in 447 AH The Successor“ ﻠﺧ ﯾ ﺔﻔ ا ﻟ ﻰﺿﺗرﻣ ﻲﻓ ا ﻟ دﻼﺑ ا ﻠﺣﻟ ﺑ ﺔﯾ Shahid al-Thani called him • of al-Murtadha in Allepo” Introduction to Islamic Law

• 10. Hamza ibn Abd al-Aziz, or “Sallar al-Daylami” • Although he was an expert in many disciplines of his time, his prominence in fiqh has overshadowed his expertise in other disciplines. He was a student of Shaykh Mufidand and Sayyid Murtadha. • He passed away in 463 AH and is more likely buried near Tabriz. Introduction to Islamic Law

• 11. Al-Sayyid Abū l-Makārim ʿIzz al-Dīn Ḥamza b. ʿAlī b. Zuhra al- Ḥusaynī al-Ḥalabī, for short he’s called “Ibn Zuhra” • Ibn Zuhra was born in Allepo, in 511 AH. He was one of the respectable whose lineage goes back to Ishaq b. Ja’far al- Sadiq (a) • . Because of this, these sayyids are well-known as Ishaqiyyun. It has been said that his lineage refers to Imam al-Sadiq through 9 or 12 people. Introduction to Islamic Law

اﻟﻐُﻧﯾﺔ ”His most famous work is “Al-Ghunya • • Ghunya is an admirable masterpiece in an era of stagnancy of usul and fiqh. His dauntless criticisms and discords with Shaykh Tusi in this book have prepared criticizing the ideas of past people. • This book embraces three parts including theology, law and legal theory. Introduction to Islamic Law

• 12. Ibn Idrees al-Hilli • One of the most distinguished Shia jurists. • He himself was an Arab though Shaykh Tusi is counted as having been his maternal grandfather. He is known for the freedom of his thought; he broke the awe and reverence of his grandfather Shaykh Tusi and his criticisms of the jurisprudents were boarder-line harsh which covers all رﺋارﺳﻟا His well-known and influential work is al-Sara’ir • parts of fiqh. The book was the most comprehensive book in fiqh, with respect to the number of its parts and chapters, written until that time. • . He died in 598 A.H. at the age of fifty-five. Introduction to Islamic Law

• 13. Muhaqiq al-Hilli • He was one of the best-known faqihs of his time, and he is meant by the word "Muhaqqiq" (researcher) whenever it is used without any indication in the works of faqihs. and al-Mukhtasar رﺷ ا ﺋ ﻊ ا مﻼﺳﻹ He was the author of Sharai’ al- • both of which are standard رﺻﺗﺧﻣﻟا ﻊﻓﺎﻧﻟا al-Nafi’ fi fiqh al-Imamiya texts in the religious seminaries. • Shara'i' is a comprehensive book of Islamic law on all matters, including over 12,000 rulings in all areas of fiqh. The book has been a center of discussions and a textbook in Shia seminaries for more than 750 years. Introduction to Islamic Law

• His teacher was Ibn Zuhra • The number of his students has reached more than 400 people in different periods of his life. • He died in 676 AH. Introduction to Islamic Law

• 14. Al-Allamah al-Hilli • He was the nephew of Muhaqiq Hilli • Born in 648 AH and died 726 AH. He one of the greatest geniuses of the Shia world. • Be became the highest religious authority at the age of 28. • His debates and writings caused Sultan Muhammad Khudabanda to convert to , which in turn led to the spread of Shia beliefs in Iran. • He wrote over 100 books. One of his most famous legal works is ﺗَذ ِﮐ َرةَ اﻟﻔُﻘَﮭﺎء Tadhkirat al-fuqahāʾ Introduction to Islamic Law

• 15. Muhammad b. al-Hasan al-Hilli, known as, Fakhr al-Muḥaqqiqīn: • Born in 682 AH and died in 771 AH • He was the son of Allamah al-Hilli • He achieved the level of ijtihad when he was a teenager. • Fakhr al-Muhaqqiqin has several works in jurisprudence, legal theory, and theology, many of which are supplements to his father's works. Introduction to Islamic Law

• 16. Muḥammad b. Makkī, known as, al-Shahid al-Awwal (the First Martyr) • Born in 734 AH in Jabal A’mil, South Lebanon. • He was a student of Fakhr al-Muḥaqqiqīn • He became a great jurist and Islamic authority in the 8th/14th century. • He was also knowledgeable about in Sunni jurisprudence. • His most famous legal work is Al-Lum'a al-Dimashqiyya . اَﻟﻠﱡﻣﻌَﺔُ اﻟ ِدّ َﻣﺷﻘﯾﺔ ﻓﻲ ِ ﻓﻘﮫ اﻹﻣﺎﻣﯾﺔ • Introduction to Islamic Law

• He was imprisoned for one year in a castle. He wrote this book in prison in seven days while he had no access to jurisprudential sources and books except Mukhtasar al-Nafi’ authored by Muhaqiq Hilli. • He was executed in 786 AH by the order of a and Shafi’I judges who deemed he was a heretic. • He was martyred by a sword, then he was hung and stoned and his corps was burned. • This is one example of the hatred and vitriol our scholars faced at the hands of the ruling governments. Introduction to Islamic Law

• Surprisingly, Shahid al-Awwal’s book Al-Lum'a al-Dimashqiyya was subject to a commentary two centuries later by another jurist who suffered the same fate as the author, and consequently received the title Shahid al-Thani “The Second Martyr” • Shahid al-Awwal’s books include: سوردﻟا Al-Duroos • ىرﻛذﻟا Al-Thikra • نﺎﯾﺑﻟا Al-Bayan • ﻟﻷا ﻔ ﯾ ﺔ Al-Alfiya • دﻋاوﻘﻟا Al-Qawaid • Introduction to Islamic Law

• Shahid al-Awwal came from a very distinguished family, and the generations that succeeded him preserved this honor. He had three sons who were all 'ulema and jurisprudents, and his wife (Umm Ali) and daughter (Fatimah) were likewise jurisprudents. • Some of the eminent scholars have refered to Fatimah, the daughter of Shahid, as “Shaykhah” and ”Sitt al-Mashayikh” (an eminent lady scholar among eminent male scholars). Introduction to Islamic Law

• 17. Al-Fadhil al-Miqdad • was a Shia jurist and theologian. He was born to a family from Banu Asad tribe in Suyur, a village of Hillah, Iraq. • He was among the best students of Shahid al-Awwal. which deals with زﻧﻛ ا نﺎﻓرﻌﻟ His famous book on fiqh was Kanz al- • the legal verses of the Quran. • He passed away in 826 AH. Introduction to Islamic Law

• 18. Ibn Fahd al-Hilli • Born in 757 AH and died in 841 AH • He is among the students of Shahid al-Awwal and Fakhr al-Muhaqqiqin • Ibn Fahd has a number of authoritative books on fiqh including Al- which is a commentary on Muhaqiq Hilli’s بذﮭﻣﻟا عرﺎﺑﻟا ’Muhadhab al-Bari “Mukhtasar” and a commentary on Shahid al-Awwal’s “Al-Alfiyyah”. • Ibn Fahd is more known for his works on ethics and spiritual wayfaring. His دﻋ ة ا ﻟ د ﻲﻋا ”famous book in this field “The Asset of the Supplicant Introduction to Islamic Law

• 19. Shaykh Ali b. Hilal al-Jazairi • He was a pious scholar and a master of both theoretical and transmitted religious knowledge. • His teacher in hadith and probably fiqh was Ibn Fahd. • In his own time he was the head of the Shia community. • Muhaqiq al-Karaki was his student • He died in 937 AH Introduction to Islamic Law

• 20. Muhaqiq al-Karaki • He was one of the greatest Shia jurists from Jabal Amil • He completed his studies in Syria and Iraq and then went to Iran, and for the first time the position of Shaykh al- was entrusted to him. • The ruling king of Iran (Shah Tahmasb) gave him full control of the country and declared himself to be only his agent. • His most well-known book that is often spoken of in law is ’ al- which is a commentary on the ”Qawaid” of ﺎﺟ ﻊﻣ ا ﻟ ﻘﻣ دﺻﺎ Allamah Hilli. Introduction to Islamic Law

• When he arrived in Iran, he established a seminary in Qazwin and then in , and began training pupils in jurisprudence. • During his time, Iran became, for the first time since the time of the Saduqayn, the center of Shia jurisprudence. • He died sometime between 937 and 941 AH. Introduction to Islamic Law

• 21. Zayn al-Dīn b. Nūr al-Dīn ʿAlī b. ʾAḥmad al-ʿAmilī, known as Shahid al-Thani • He was a descendant of Allamah Hilli and a grand Shia scholar and jurist in the 10th/16th century • He wrote a commentary of Al-Lum'a al-Dimashqiyya in prison and was martyred. • He travelled widely and experienced many teachers. He had been to Egypt, Syria, Hejaz, , Iraq and Istanbul, and wherever he went he learnt. It has been recorded that his Sunni teachers alone numbered twelve. Introduction to Islamic Law

• Besides jurisprudence and principles he was accomplished in philosophy, , and astronomy. Very pious and pure, his students wrote that he used to carry wood at nights to support his household and, in the mornings, sit and teach. • In Baalbek, he taught the fiqh if the five schools, namely, Ja’fari, Shafi’i, Maliki, , and for a while. in Damascus when a ﻧﻣ ﺔﯾ ا دﯾرﻣﻟ ”He wrote “The Desire of the Aspirant • Sunni institution asked him to produce evidence that he is qualified to teach. Introduction to Islamic Law

• 22. Muqaddas al-Ardabili • He was a paragon of piety and godliness. • He chose to live in Najaf even though Shah Abbas, one of the Safavid rulers, persistently asked him to move to Isfahan. • Shah Abbas would always insist on doing favors for Muqaddas al- Ardabilli. • On one occasion a man fled Iran for committing an offence and went to Muqaddas Ardabelli to intercede with Shab Abbas on his behalf. Introduction to Islamic Law

• He wrote: “The founder of a temporal estate should note that although this man was initially guilty, he now appears to have become a victim of injustice and persecution. If you pardon his offence, then the Almighty may pardon some of your offences.”

The servant of Imam Ali, Ahmad al-Ardabilli Introduction to Islamic Law

• Shah Abbas replied: “I humbly state that: Your wishes have been Abbas’ commands and have been fulfilled. I hope that you keep yours truly in your prayers.”

The dog of the court of Imam Ali, Abbas Introduction to Islamic Law

• His refusal to travel to Iran resulted in the flourishing of Najaf’s seminary • Muqaddas al-Ardabelli studied fiqh under some of Shahid al-Thani’s students. • Both Shahid al-Thani’s son and grandson were his students in Najaf. • His two better-known legal works were a commentary on the Irshad of Allamah Hilli and book on the legal verses of the Quran. Introduction to Islamic Law

• 23. Shaykh Baha’ al-Din Muhammad al-Amili, better known as Shaykh Baha’I • Born in 953 AH and died in 1031 AH • He was from Jabal Amil but moved to Iran with his father when he was young. • He was a man of many skills. He was a man of letters, a poet, philosopher, mathematician, engineer, jurist and an interpreter of the Quran. He was also knowledgeable in medicine. • He trained many high ranking scholars like , Mulla Taqi Majlisi etc. • The wife of Shaykh Baha’I was also a scholar. Introduction to Islamic Law

• 24. Muhaqiq al-Sabzawari • He was a student of Shaykh Baha’I • He studied in the which was both a fiqhi and a philosophical school. ﺔﯾﺎﻔﻛﻟا and al-Kifayah ةرﯾﺧذﻟا His famous books in fiqh were al-Dhakhira • • As a philosopher he has annotated the theolgical section of Ibn Sina’s Al-Shifa’ • He died in 1090 AH Introduction to Islamic Law

• 25. Wahid al-Behbahani • He lived in the period after the fall of the of Iran. • At that time Isfahan was no longer the center of religion and many scholars left Iran and went to Iraq. • Wahid al-Behbahani made the center of his seminary and trained a number of outstanding scholars. • He led the intellectual fight against the ideas of the ’s, which in those days were extremely popular. Introduction to Islamic Law

• The great-grandmother of Wahid al-Behbahani, Aminah Baygum, was herslef a learned scholar and jurist. She was the wife of Salih Mazandarani (d. 1080 AH) and although Mullah Salih was a scholar, on occasions his wife would help him find solutions to complex legal questions. Introduction to Islamic Law

• 26. Sayyid Bahrul Uloom • One of the best students of Wahid al-Behbahani. • He wrote a book on fiqh in which legal issues are presented in the form of poems. • People regarded him to be a miracle worker • Shaykh Ja’far Kashif al-Ghita used to clean his shoes with the cloth of his turban. • He was born in 1155 AH and died in 1212 AH Introduction to Islamic Law

• 27. Shaykh Ja’far Kashif al-Ghita’ • He was a student of Wahid al-Behbahani and Sayyid Bahrul Uloom. • He was an Arab and amongst the best Shia jurists. Uncovering the“ فﺷﻛ ا ﻟ ﺎطﻐ ء His famous book in fiqh is entitled • Concealed” • He was living in Najaf and trained many great scholars. • He had four sons who all grew up to be illustrious scholars. • He was born in 1154 AH and died in 1227 AH (1741-1848 CE) Introduction to Islamic Law

• 28. Shaykh Muhammad Hassan al-Najafi which is a commentary on وﺟ ا رھ ا ﻟ مﻼﻛ The author of Jawahir al- • Shara’i of Muhaqiq al-Hilli. • It is an encyclopedia of Shia fiqh and no scholar can afford to ignore it. • In modern print it comes to about 20,000 pages • He spent 30 years completing it. • He was a student of Shaykh Ja’far Kashif al-Ghita • He died in 1228 AH Introduction to Islamic Law

• 29. Shaykh Murtadha al-Ansari • Descendant of one of the great companions of the Prophet, Jabir b. Abdillah al-Ansari • He studied under his father until the age of 20. • Then on a visit with his father to the shrines in Iraq, at the age of twenty, many scholars, appreciating his genius, asked his father to let him stay. • He remained in Iraq for 4 years and studied under top scholars Introduction to Islamic Law

• He traveled to Iran to study under scholars. • He set off specifically to Mashad and on the way visited Mulla Ahmed Naraqi, in Kashan and ended up staying there for 3 years. • After the death of Shaykh Muhammad Hassan al-Najafi, he was recognized as the sole fiqhi authority. The Seal of the“ مﺗﺎﺧ ا ءﺎﮭﻘﻔﻟ او نﯾدﮭﺗﺟﻣﻟ Shaykh Ansari has been called • jurists and legal experts” Introduction to Islamic Law

• In the preciseness and depth of his views, he had very few equals. • Two of his books, Rasail and Makasib are today’s textbooks for students of fiqh and many commentaries have been written on them. • After Muhaqiq Hilli, Allamah Hilli, and Shahid al-Awwal, Shaykh al- Ansari is the first person whose books haven been so regularly subject to commentaries. • He was a paragon of piety and spiritual virtues. • He died in 1281 AH in Najaf. Introduction to Islamic Law

• 30. Mirza Muhammad Hassan al-Shirazi, known as Mirza Shirazi • He undertook his preliminary studies in Isfahan and then went to Najaf to join the classes of Shaykh Ansari. • He became one of the Shaykh’s most prominent students. • After Shaykh Ansari’s demise, he became the leading authority of the Shia world and retained that position until his death about 23 years later. • His fatwa on the prohibition of tobacco in 1891 resulted in the annulment of the concession which had been granted by Nasir al-Din Shah to Major Talbot from Britain for a monopoly over the Iranian tabaco industry for 50 years. Introduction to Islamic Law

• 31. Mulla Muhammad Kadhim al-Khurasani • Born in 1255 AH in Mashad and moved to at the age of 22 and studied philosophy there for a while and then moved to Najaf. • He studied under Shaykh Ansari for 2 years, however his main teacher was Mirza Shirazi. • In 1874 Mirza Shirazi made his permanent abode. • Akhund stayed behind and established his own seminary in Najaf. He had about 1200 students of which 200 were themselves mujtahids. • Many of the great jurists of the 20th century are his students. Introduction to Islamic Law

• Akhund is most famously known for his expertise in legal theory. • His book on usul, ”Kifayat al-usul” is an important work in this discipline and many commentaries and annotations have been written on it. • Akhund’s views in usul are among the main views which seminary students study at present. • He was also a supporter of the Iranian Constutional revolution (1905- 1911). He issued a fatwa in which he endorsed the necessity of the establishment of a democratic system of governance. • He died in 1329 AH Introduction to Islamic Law

• 32. Mirza Husayn al-Na’ini • One of the great jurists and masters of legal theory • He was a student of Mirza Shirazi. • His fame rests mostly on his work on usul where he introduces new views. He also challenges the views of Akhund in usul. • Many of the 20th century jurists were his students, most notably Sayid al-Khoie. • He died in 1355 AH