Fiqh: Difference between revisions

| 3 || Period of the transmitters || From the beginning of the [[Major Occultation]] to the first half of the 5th century || Compilation of the most important works of Shi'a traditions; compilation of the first books of jurisprudential edicts || [['Ali b. Ibrahim al-Qummi]]; [[Muhammad b. Ya'qub al-Kulayni]]; [[Ja'far b. Muhammad b. Ja'far al-Qulawayh]]; [[al-Shaykh al-Saduq]] || ''[[Al-Muqni'a]]''; ''[[Man la yahzuruh al-faqih]]''

| 6 || Period of stagnation of ijtihad || From the death of [[al-Shaykh al-Tusi]] up to the era of [[Ibn Idris al-Hilli]] (b. [[460]] -[[598 AH]])|| Restraint from expressing new views against those of al-Shaykh al-Tusi || [[Fadl b. Hasan al-Tabarasi]]; [[Qutb al-Din al-Rawandi]]; [[Ibn. Zuhra]]; [[Ibn Hamza]]; [[Ibn Barraj]] || ''[[Al-Wasilat al-ghaniyya]]''; ''[[al-Muntaha fi sharh al-nihaya]]''

| 11 || Period of renewed [[Istinbat]] || From the end of 13th/19th century up to the middle of the 14th/20th century || Major development in [[Usul al-Fiqh]];  Research on [[newly risen problems]] || [[Al-Shaykh Murtada al-Ansari]]; [[Muhammad Hasan Shirazi]]; [[Agha Rida Hamadani]]; [[Sayyid Kazim Yazdi]]; [[Muhammad Husayn Na'ini]]; [[Muhammad Kazim al-Khurasani]]; [[Muhammad Hasan Gharawi Isfahani]]; [[Agha Diya' 'Iraqi]] || ''[[Al-Makasib]]''; ''[[al-'Urwat al-wuthqa]]'', ''[[Kashf al-ghita]]''; ''[[Misbah al-faqih]]''

This period approximately began from the [[Major Occultation]] and continued up to the first half of the 5th century. The leaders of this era, who were amongst the most eminent scholars and jurists of Twelver Shi'a, mostly lived in the two most religious and cultured cities of the time i.e [[Qom]] and [[Rey]]. The books of tradition of this period formed the most fundamental and primary sources of Imamiyyah jurisprudence. The Shi'a rule of [[Buyids]] at the time played an important role in the foundation and growth of jurisprudence.

After the death of [[al-Shaykh al-Tusi]] ([[460 AH]]), until the era of [[Ibn Idris al-Hilli]] (d. [[598 AH]]) 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]]) some of the most famous of who were:

The climate that was prevalent in the second half of the 5th and throughout the 6th century was not tolerable and pleasant for jurists like [[Ibn Idris al-Hilli]]. Therefore, he along with other contemporaries wanted to break the prevalent taboo of opposing [[al-Shaykh al-Tusi]]'s view by expressing criticisms against his works. Ibn Idris, in his book ''[[Sara'ir]]'' presented all of al-Shaykh al-Tusi's views on the branches of jurisprudence and then proceeded to critique them. This course was gradually taken up by jurists like [[al-Muhaqqiq al-Hilli]], [[al-'Allama al-Hilli]] and [[Fakhr al-Muhaqqiqin]] and through this avenue, Shi'a jurisprudence once again pursued the road of progress and evolution. This period lasted from the era of Ibn Idris up to the rise of the [[Akhbaris]] in the [[11th/17th century]].

* [[Usulis]]: [[Fadil al-Jawad]], [[Muhammad Baqir Sabziwari]], [[Agha Jamal Khwansari]], [[Al-Shaykh al-Bahai]], [[Al-Fadil al-Hindi]], [[Al-Muhaqqiq al-Khwansari]] and [[Mir Damad]].

* [[Agha Rida Hamadani]]

* [[Agha Diya' al-'Iraqi]]

The [[Seminary of Najaf|seminary of this city]] was established in the fifth century and remains active till present. During these eleven centuries it has been through many ups and downs and at times was subject to decline and stagnation. Some of the jurists of this school were [[Shaykh Ja'far Kashif al-Ghita]], [[Muhammad Hasan al-Najafi]], [[al-Shaykh Murtada al-Ansari]], [[Mirza Hasan Shirazi]], [[Mirza Habib Allah Rashti]], [[Mirza Muhammad Hasan Ashtiyani]], [[Muhammad Hasan Mamaqani]], [[Muhammad Kazim Khurasani]], [[Mirza Nai'ni]], [[Diya' al-Din al-'Iraqi]] and [[Muhammad Hasan Isfahani]]. In the last century, the Seminary of Najaf was kept alive by jurists like [[Abu l-Qasim al-Khoei]], [[al-Sayyid Muhsin al-Tabataba'i al-Hakim]], [[Sayyid Ahmad Khwansari]] and [[Muhammad Taqi Khwansari]].

===School of Hilla===

{{Main|School of Hilla}}

[[Hilla]] is a city in southern [[Iraq]] that has been a centre of Shi'a jurists and jurisprudence from the last two centuries and has boasted of prominent jurists. Great jurists such as [[Muhammad b. Idris al-Hilli]], [[al-Muhaqqiq al-Hilli]], [[Fakhr al-Muhaqqiqin]] and [[Sayyid b. Tawus]] emerged in this city.

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 [[Agha 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]].