Mustabsir

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A mustabṣir (Arabic: المُستَبصِر) is someone who has converted from another religion or sect to the Twelver Shia faith. The issue of the "mustabsir" is discussed extensively in hadith books and various sections of jurisprudential texts, with specific rulings provided. For instance, according to fatwas of Shia jurists, the acts of worship that a "mustabsir" performed according to their previous faith do not need to be repeated after converting to Shia, except for zakat of property and the zakat al-fitr, which must be paid again if they were given to a non-Shia.

Some well-known "mustabsirs" include 'Ali b. Mahziyar al-Ahwazi, Muhammad b. Mas'ud al-'Ayyashi (the author of Tafsir al-'Ayyashi), Muhammad Khudabanda, the Ilkhanid ruler, Sayyid Muhammad Tijani, and Ibrahim Zakzaky, the leader of the Shia community in Nigeria.

Definition of mustabsir and its usage in jurisprudential and hadith texts

In Shia culture, a mustabsir refers to someone who, through research and reasoning, converts from one of the Islamic sects or divine religions to the Twelver Shia. Fadl b. Hasan Tabrisi, a Shia exegete, defines a mustabsir in Majma' al-Bayan as someone who is rational and can discern truth from falsehood through reasoning and thought. Istibsar means becoming aware and insightful in religion.

The rulings about mustabsirs have been discussed in various jurisprudence discussions, such as daily prayer, fasting, zakat, hajj, inheritance, and retribution. The rulings of mustabsirs have been mentioned in the fatwas of Ibn Abi 'Aqil 'Ummani (d. 329/940- 1), who lived during theMinor Occultation, and Ibn Junayd, a 4th/10th century jurist. In the Four Major Hadith Books, hadiths related to mustabsirs are mentioned in chapters such as zakat and hajj. Additionally, many fiqh sources discuss the non-obligation of making "qada" of the acts of worship performed by mustabsirs.

According to the "fatwa" of the author of Jawahir, the rulings of "Istibsar" apply to all Muslim sects, including those deemed to be disbelievers, such as the Nasibis and the "Ghulat"; however, Sayyid Muhammad Kazim Tabataba'i Yazdi in 'Urwat al-Wuthqa does not consider the rulings of "istibsar" to include the "Ghulat".

Ruling on the previous acts of worship of the mustabsir

Some of the fatwas of Shi'a jurists regarding the previous acts of worship of a "mustabsir" are as follows:

  • Daily prayers and fasts before "istibsar": According to the fatwas of Shi'a jurists, a "mustabsir" does not need to perform "qada" of any acts of worship performed before "istibsar", except for "zakat", provided that the previously performed acts were valid according to the mustabsir's previous sect.
  • Missed daily prayers and fasts: According to the fatwa of most Shi'a jurists, it is obligatory for a "mustabsir" to perform qada of the daily prayers and fasts they did not perform before their conversion or performed contrary to their previous sect. However, Husayn Al 'Usfur (d. 1216/1802), a jurist and hadith scholar, believes there is no obligation to perform "qada" of these daily prayers and fasts.
  • Zakat on property and zakat al-fitra: If a "mustabsir" has given the "zakat" of their wealth to the followers of his previous sect before their "istibsar", it is obligatory to pay it again; however, if they have given it to Shi'as, there is no obligation to pay it again, although Muhammad Taqi Amuli has held the view that in this case too, "zakat" must be paid again. According to the fatwa of Shahid Awwal in the book al-Bayan, if one has given their "zakat" to a non-Shi'a and later becomes a mustabsir while the "zakat" object remains intact, they can take it back. The ruling for "zakat al-fitra" is similar to that of "zakat" on the property.

The ruling on the non-worship acts of a mustabsir

The ruling on the non-worship acts of a "mustabsir", according to the Shi'a jurists, is as follows:

  • A new marriage of a "mustabsir" after "istibsar" (considering that the Tawaf al-Nisa has not been performed) has no problem and is valid.
  • Ruling on Divorce of a mustabsir: If a mustabsir divorces his wife according to their own sect before his istibsar, and this divorce is not considered valid by Shi'a, then based on the fatwa of Sayyid Muhsin Hakim (d. 1390/1970), the divorce is not valid, and he can return to that woman after "istibsar" without a new marriage contract. However, according to the view of Shaykh Tusi, the divorce is valid, and separation occurs.
  • Ruling on vows, covenants, oaths, and endowments: If a vow, covenant, or endowment made by the "mustabsir" before their "istibsar" is not valid according to Twelver Shi'a, then acting upon it is not obligatory. However, if it is valid according to Twelver Shi'a, it is obligatory, even if it was considered invalid according to their previous sect.
  • The impact of "istibsar" on purity or impurity: According to the fatwa of the author of Jawahir, if a "mustabsir" has washed something impure according to Shi'a rulings before their "istibsar", there is no need to wash it again after "istibsar"; but, if they had washed it according to their previous sect, which is contrary to Shi'a rulings, then it is obligatory to wash it again.

Famous mustabsirs

  • Muhammad Mar'i al-Amin al-Antaki (d. 1383 AH/1963- 4): He was an Egyptian Sunni scholar, educated at al-Azhar University, and held the position of "Qadi al-Qudat" (Chief Judge), who chose to adopt Shia Islam. He is the author of the book al-Shi'a wa Hujajuhum fi al-Tashayyu'.

Monographies

  • Mawsu'at min Hayat al-mustabsirin, published by Markaz al-Abhath al-'Aqa'diyya, introduces many mustabsirs from various countries in fourteen volumes.
  • Barrasi-yi 'ilal-i girayish-i mustabsirin bi Tashayyu' dar panjah Sal-i akhir, written by Mir Muhsin Nur Muhammadi, Qom, Dar al-Kutub al-Tarikhiyya Nashirun, 1st edition, 1394 Sh.

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