Fiqh: Difference between revisions

This period lasted from the death of the Prophet (s) to the end of the [[Minor Occultation]] ([[329]]/940-941). Owing to the presence of the [[Imams]], the Shi'a, as opposed to the [[Ahl al-Sunna]], did not feel the need for [[Ijtihad]]. However, people who lived in places far away from the Imams did resort to Ijtihad in a simple manner. They acted upon reliable traditions or the apparent meaning of the Qur'an and traditions of the Prophet (s) and the Imams (a).<ref>Gurjī, ''Tārīkh-i fiqh wa fuqahā'', p. 117.</ref>

After the death of [[al-Shaykh al-Tusi]] (d. [[460]]/1067), until the era of [[Ibn Idris al-Hilli]] (d. [[598]]/1202) in the span of about one century, scholars withheld their opinion on [[Islamic law]] and mostly reiterated opinions of previous scholars. This was because of the great position of knowledge held by al-Shaykh al-Tusi and the incapacity of others of not being able to match up to his powerful reasoning and sources. Sometimes, expressing a new opinion, meant a form of disrespect to his educational position; thus, not many books were composed during this era. The first person to reopen the doors of Ijtihad was Ibn Idris al-Hilli. He called the scholars of this era "Muqallida" (ones who do [[Taqlid]], instead of being [[Mujtahids]])<ref>Gurjī, ''Tārīkh-i fiqh wa fuqahā'', p. 123.</ref> some of the most famous of who were:

In the 11th/17th and 12th/18th lunar century, jurisprudence of the [[Seminary of Isfahan]] was propagated through the government. The jurists that blossomed in this seminary had a special tie with the government. Some of them had even reached the lofty position of [[Shaykh al-Islam]] and were in charge of important responsibilities like court [[judgement]] and the [[Friday Prayer|Friday service]]. Renowned jurists who emerged from this seminary and who had relations with the government were [[Muhammad Taqi al-Majlisi]] (d. [[1070]]/1660), [[Muhammad Baqir al-Majlisi]] (d. [[1111]]/1699), [[al-Shaykh al-Baha'i]] (d. [[1031]]/1621-1622), [[Muhammad Baqir Mir Damad]] (d. [[1041]]/1631), [[Isma'il b. Muhammad Husayn Mazandarani|Mulla Isma'il Khwaju'i]] (d. [[1173]]/1760), [[Muhammad Baqir Sabziwari]] (d. [[1090]]/1679) and [[Aqa Jamal Khwansari]] (d. [[1125]]/1713). An important feature of this seminary was the spread of [[Philosophy]] and the emergence and growth of important philosophers such as Mirdamad and [[Mulla Sadra]].

[[Sayyid Mahdi Bahr al-'Ulum]] (d. [[1212]]/1797), [[Sayyid 'Ali Tabataba'i]] (d. [[1231]]/1816), [[Sayyid Muhammad Mujahid]] (d. [[1242]]/1827), [[Mulla Ahmad Naraqi]] (d. [[1245]]/1829), [[Mulla Mahdi Naraqi]] (d. [[1209]]/1795) and [[Mirza Abu l-Qasim Qummi]] (d. [[1232]]/1815 or 1816) were amongst the jurists of this seminary.<ref>Rabbānī, ''Fiqh wa fuqahā-yi imāmīyya dar guzar-i zamān'', p. 31-32.</ref>