Quietness Beyond Political Power: Politics of Taking Sanctuary (Bast Neshini) in The Shi Ite Shrines of Iran
Quietness Beyond Political Power: Politics of Taking Sanctuary (Bast Neshini) in The Shi Ite Shrines of Iran
Peyman Eshaghi
To cite this article: Peyman Eshaghi (2016) Quietness beyond Political Power: Politics of Taking
Sanctuary (Bast�Neshini) in the Shi‘ite Shrines of Iran, Iranian Studies, 49:3, 493-514, DOI:
10.1080/00210862.2016.1142269
Peyman Eshaghi
“The politic” and “the religious” have had many relations with each other in Iranian
history and in some cases “the religious” has been defined in a situation beyond the
extent of the political power. A case in point is the right of taking sanctuary in Shi‘ite
shrines. Throughout Iran’s history, subjects could take refuge in Shi‘ite shrines and
some other places related to religious and non-religious authorities. Persecution was
delayed or the individual was forgiven, though sometimes they were sentenced when
exiting the shrine. By referring to religious texts that have reinforced that tradition,
this article seeks to trace continuities between early Islam and modern Iran. It focuses
on sanctuary taking and sit-ins at shrines and tombs, and on the interplay between
those actions and political power, and discusses the changing mobility and dynamisms
of those actions at different periods of Iranian history.
Keywords: Pilgrimage; Shrine; Cult of Saints; Taking Sanctuary; Bast Neshini; Iranian
Judicial System
Introduction
Taking sanctuary in Iranian Shi‘ite shrines has, through the country’s history, been a
religious practice with many juridical, political and architectural implications. Taking
sanctuary was the “sole hope aperture” of anybody accused to get rid of unjustly accu-
sations.1 Practiced along with the tradition of sit-in at shrines, it is rooted in the
dichotomy of “the religious” and “the political” and their dialogue with each other
throughout Iran’s history. Government forces were prohibited from entering the
shrine to arrest sanctuary takers; if they did so, they had to negotiate with clergies
and publicly justify their action, so sanctuaries have been called “a government
inside the government.”2 While somebody lived in a sanctuary, friends and relatives
were able to negotiate with the powers that be in order to reappraise that person’s situ-
ation. Custodians of shrines did not treat sanctuary takers equally. In this sense, sanc-
tuary taking was a sort of strategy to gain time and a mechanism to delay a final
decision about somebody on trial. The negotiations with the state or personal com-
Peyman Eshaghi is a graduate student in the Department of History and Cultural Studies of the Free
University of Berlin.
© 2016 The International Society for Iranian Studies
494 Eshaghi
plainant resulted in forgiveness, or failed. In the latter case, the sanctuary taker had to
exit the sanctuary non-violently; the case then was investigated, and if the person was
still considered guilty, they were brought to court.3 In some cases, especially killings, it
was easier for the public to decide whether the sanctuary taker was guilty or not. If it
was decided that the sanctuary taker was guilty and had abused the right to sanctuary
taking, s/he was forced by the shrine custodians to exit the shrine and be judged and
executed. Sanctuary takers enjoyed free time and leisure inside the shrine and lived
there until their situation changed.4 They were fed there with the help of endowments
that were earmarked for that purpose, or by their friends and relatives. If religious
authorities contended the final guilt of a refugee,5 they were forced to leave by the
cutting off of food; and sometimes officials waited for them at the shrine gates to
detain them as they exited.6
Taking sanctuary in Shi’ite shrines in Iran was a key practice in Iran’s pre-modern
legal system. It was understood through the framework of the authority of Shi’ite cler-
gies and the sacredness of Shi’ite shrines for Iranians. Importantly, due to the demo-
nization of political power, political interference would, in a way, “spoil” the
sacredness of the shrines. Sanctuary taking was what I call a “public court.” That is,
it delayed the political power’s decision and confronted the accused with the institute
of religion and with Shi’ite clergies. On the other hand, it operated as an outlet and a
forum for public protests against political aggression, preventing mass confrontations,
such as revolutions, with the political power.
Taking sanctuary in Iranian Shi‘ite shrines was accompanied with sit-ins at these
places. A personal matter may cause one to take sanctuary, particularly if the refugee’s
life was threatened. Sanctuary takers called upon public opinion to judge their situ-
ation. Neither the individuals nor the case need necessarily be religious; the sanctuary
taker’s success and opportunity to return to his daily life in society were strongly
dependent on public opinion. By waiting to either be forced out of the sanctuary
or be forgiven by officials, the sanctuary taker delayed the juridical decision toward
him. Additionally, sit-ins at shrines were matters of public objection and civil protes-
tation. Sit-ins expressing social and political demands differed from sanctuary taking in
which it was impossible for the sanctuary taker to get out of the shrine. In sanctuary
taking, the refugee’s daily life was beyond the realm of political power and under the
jurisdiction of religious authorities and the nation. Taking sanctuary was generally
related to personal and individual affairs and occurred mostly in shrines and sacred
places. Not all gatherings in Iranian Shi‘ite shrines, however, were considered as
taking sanctuary. As Shi‘ite shrines function not only as sacred places but also as
public spheres, religious and non-religious events, including different kinds of gather-
ings, are discernible.
There are some notions in Islamic theology that are connected to the concept of sanc-
tuary taking, such as “zimma,” “aman,” “ahd” and “himayah,” which have many rep-
Quietness beyond Political Power 495
resentations in Muslim cultures.7 These notions, related to asylum and sanctuary, are
linked with beliefs and customs embedded in religious ideas and systems practiced
among pre-Islamic Iranians,8 Jews, Greeks, Romans and Christians.9 Taking sanctuary
in Shi‘ite shrines should be considered in the line of the sacredness of shrines, which
was supported by both believers and non-believers.
In Islamic theology, the Ka‘ba, known as Masjid al-Haram and situated in Mecca,
should be considered by Muslims as a “safe (amn)” place.10 Haram, literally derived
from hormah (sanctity), is a common name for the Ka‘ba.11 Muslims are not even
allowed to ask a debtor to pay his debts inside Masjid al-Haram and must wait
until the debtor exits.12 Muslims are also encouraged not to exclude another from
the shadow of their umbrella13 or cut any plant14 while they are around the Ka‘ba.
Muslim jurisprudents reiterate the necessity of feeding and nourishing one who has
taken shelter in Ka‘ba.15 The shrine of the Prophet Muhammad in Medina and the
shrines of Shi‘ite Imams are also included by Muslim jurisprudents in this injunc-
tion.16 On the other hand, Islamic hadiths condemn those who take shelter in a
revered place after assaulting another person. It is not acceptable in Islamic jurispru-
dence to “abuse” shrines in order to avoid rightful punishment. Such a criminal should
not be fed, nourished, or spoken to, but rather be forced out. This principle applies to
mosques, another important place of refuge. Thus, Sheykh Muhammad Hasan Najafi
(1786?‒1850), a prominent Shi‘ite jurisprudent, asserted that, although a mosque is
considered a sacred place in Islam, someone who has committed a crime and has
taken refuge in a mosque should be expelled and punished.17 It is noteworthy that
it was also possible, although rarely practiced, for adherents of Abrahamic religions
and Zoroastrians18 to enjoy the bast and even ritually pure animals were protected
if they took refuge in bast.19
Bast Neshini (literally means “seating at sanctuary” and as an expression “taking sanc-
tuary”) has many meanings in Persian that all approximately hold the meaning of
barrier, obstacle and blockage. In Persian, bastan as an infinitive means “to close”
and paybast means “bound” and “uptight” and has been used by Nezami-ye Ganjavi
(1141‒1209), a famous Iranian poet. Darbast in modern Persian means “exclusive/
charter” and divar bast means the old wall around the cities.20 According to Bahre
Ajam, a Persian dictionary dating back to the early nineteenth century, bast is a
wooden or chain guard which surrounds a shrine so as not to let animals approach
it. Bast, as an expression, is defined as a revered place and is usually protected from
any disturbances, while bast neshini is “shelter taking” at places “often by guilty,
despised, or oppressed” individuals,21 who entered the bast area, took shelter, and tem-
porarily resided there.”22 Bast is also used by Persian poets and writers to convey a
sense of protection. Signifying a protected place at a Muslim shrine, it is commonly
used in Iranian folklore.23 Many localities had special places to host refugees. In the
north, which has many religious shrines, the shrines of Seyyed Hossein-e Kiya and
496 Eshaghi
Entering Mecca after its conquest, the Prophet Muhammad stressed that unbelievers
taking refuge at the Ka‘ba and at the house of his major enemy, ‘Abu Sofyan,39 would
be safe.40 According to Islamic traditions, the grave of ‘Ali (599‒661), the cousin and
son-in-law of the Prophet Muhammad and fourth Caliph of Islam, was kept secret due
to such properties of safety and security. It is narrated that Harun Al-Rashid (766–
809), the fifth Abbasid Caliph, while out hunting, noticed that a deer had found sanc-
tuary at a mound. Inquiring with the native people, it seemed they had witnessed
many animals taking refuge there without an explicable reason. He then recognized
that place as the grave of ‘Ali, which had been hidden by Shi‘ite Imams and their
close companions for fear of it being excavated by his fanatical enemies, the Khavarij.41
Quietness beyond Political Power 497
Taking sanctuary in shrines was also common in medieval Iran. Al-Nasir Liddin
(1158‒1225), the thirty-fourth Abbasid Caliph, had Shi‘i tendencies and allowed
those taking refuge at the shrine of Imam Kazim in Baghdad not to be persecuted,
and sometimes even pardoned them.42 In the Abbasid era, there were shrines in Rassa-
fah, a district in the eastern part of Baghdad, which sheltered any refugee seeking sanc-
tuary there.43 Additionally, Marjan, a governor in the administration of the Sultan
Oveis-e Jalayeri, who took refuge from Baghdad in the shrine of Imam Hossein in
the city of Karbala during the month of Sha‘ban 767 AH/May 1366, was forgiven
by the sultan.44 Khajeh Shams al-Din Muhammad Jovaini, known as Saheb Divan,
an Iranian chancellor of the Ilkhanate from 1263 to 1284, fled from Isfahan to Qom
and took sanctuary in the shrine of Hazrat-e Masumeh.45 During the Timurid
dynasty (1370‒1507), bast neshini expanded as the tomb of Sheykh Safi al-Din Ardabili
and the whole city of Ardabil, located in northwest of Iran, were called “Safe House”
(Dar al-Aman) and were considered bast, protecting refugees from the city’s auth-
orities.46 The most important bast of the city was the religious-cultural complex of
Sheykh Safi al-Din (1252–1334), the founder of the Safavid Sufi order, which was
accepted as a sanctuary in 1404 by Timur (1336‒1405).47 A big chain was hung on
its gate and anyone who grabbed the chain or entered the shrine was considered a sanc-
tuary taker.48 The shrine continued to be a sanctuary until modern times.49
Taking sanctuary was widespread in both religious and non-religious places in early
modern Iran. Among the religious places, shrines located in Qom, Shiraz and Rey
were of particular importance, in addition to secular places such as royal courts,
palaces and stables. The Safavid period (1501‒1722) was key in the development of
bast neshini in Iran. There were new royal decrees recognizing bast places; sanctuary
taking became more prevalent, and sanctuary taking in non-religious spaces also rose.
The prevalence of bast culture in the Safavid era can be gauged by the widespread
use of bast-related terms. Expressions such as bast, basti (one who has taken shelter at a
bast), bast neshastan (taking sanctuary) and bast shekastan (to infringe bast) became
more and more common in the written tradition.50 Moreover, as noted, taking
sanctuary in the Safavid era broadened to non-religious places, which was uncommon
before. Thus, people taking refuge at Dowlat Khaneh, the royal court in Isfahan, were
immune from punishment.51 This was the first time in post-Islamic Iranian history
that non-religious sanctuaries appeared. In the later Safavid era, the royal kitchens
and the gateway of the ‘Ali Qapu palace were also considered bast.52 Among other
non-religious bast places in the Safavid era were the royal palace of Chehel Sotun
in Isfahan and other locations, objects and animals that were associated with
royalty, such as their horses and stables.53
The shrine of Sheykh Safi al-Din Ardabili continued to be a sanctuary, too. It was
furnished with a requisite carpet now called “the Ardabil carpet,” woven around the
years 1539‒40, during the reign of Shah Tahmasp I (1514‒76), and now preserved at
498 Eshaghi
the Victoria and Albert Museum in London. The inscription on the carpet is a poem
by Hafiz (1326‒90), stating that the entire city of Ardabil was considered bast in the
Safavid era.54 It reads: “I have no refuge in the world other than thy threshold / there
is no protection for my head other than this door,” and is signed “the work of the slave
of the threshold Maqsud of Kashan in the year 946 [AH].” In 1576, some members of
the Stajlu tribe fled to Ardabil and took sanctuary in the shrine of Sheykh Safi al-Din
Ardabili.55 Yet another example is a note by traveler Jean-Baptiste Tavernier (1605‒
89), who made the following comment on a bast neshini in the shrine of Hazrat-e
Masumeh in Qom in 1632, during the reign of Shah Safi:
In this first court, on the left hand as you enter, are little chambers, where they that
receive the alms, which by the foundation of the Mosque are to be distributed every
day, come and eat their portion, and then go their ways. Those chambers serve as an
asylum to those that cannot pay their debts, as at the Mosque of Ardeitil [Ardebil].
Neither are there priviledg’d places, like ours, where they that retire must live at
their own charge: for in Persia they are fed at the expence of the Mosque; and
being in that manner freed from care, their friends more easily bring their creditors
to composition.56
There are also documents implying the use of sanctuaries by Christians in the reign of
Shah ‘Abbas I (1587‒1629).57 Moreover, some years later, Shah ‘Abbas’s II (1632‒66),
during his travels to Qom in 1643, ordered that those who took refuge there should be
treated well, as they are like the “animals who find sanctuary at haram” (Seyd-e
Haram), referring to the prohibition on baiting in Ka‘ba during Hajj,58 and
arguing that the city is the burial place of Shah Safi Safavi (1611‒42). The reign of
Shah ‘Abbas II also saw the first sit-in at a non-religious place: in 1657, by some crafts-
men in the Dowlat Khaneh palace in Isfahan, asking the shah and the Divan Beigi to
fire an oppressive watchman.59
Jean Chardin (1643–1713), a French jeweler and traveler who was in Iran from
1673 to 1677, wrote that the Iranian garrison in Tbilisi was considered bast and
whoever took refuge there was safe.60 He narrated that only the shah could order a
refugee to exit the bast by cutting off their supply of food and water. According to
Chardin, Sufis were custodians of the royal bast.61 During the reign of Ashraf-e
Afghan, who overthrew the Safavid dynasty, the right to take sanctuary was acknowl-
edged by Afghans and was practiced in the shrine of ‘Abd al-‘Azim, south of Tehran.
At that time, the extent of bast in ‘Abd al-‘Azim was certain buildings and courts
which would be considered as sanctuary and were identified and announced for-
mally.62
Taking sanctuary was practiced in the Afsharid Dynasty (1736‒96), too, although
sometimes it was infringed, as in the case of the killing of a refugee in the royal stable
by the order of Nader Shah (1698–1747).63 During the Zand Dynasty (1750‒94),
taking sanctuary continued, at least in the cities of Qom and Rey. Karim Khan-e
Zand (1705‒79), issued an order regarding bast neshini. He emphasized that anyone
Quietness beyond Political Power 499
who has taken refuge in the shrine of Hazrat-e Masumeh at Qom should be treated
well, and announced that the custodian of the shrine was responsible for them.64
Karim Khan recognized the shrine of Shah Cheragh65 in Shiraz and the shrine of
‘Abd al-‘Azim in Rey as sanctuaries. Thus, he advised Ahmad Beyg-e Fenderski to
be careful, when passing Rey, not to let Aqa Muhammad Khan-e Qajar, his enemy,
flee and take refuge there.66 An example of taking sanctuary in non-religious places
in that era is the stable of Nazar ‘Ali Khan-e Zand: Zaki Khan, a rebel against the
Zand Dynasty who had been defeated by Nazar ‘Ali Khan in the war at Poshtkuh
of Lorestan, took sanctuary there.67 Hossein Qoli Khan, known as Jahansuz, who
was a prominent rival of Karim Khan, also took refuge at the shrine of Hazrat-e
Masumeh in Qom and, in gratitude, gave his gun to the treasury of the shrine.68
Modern Iran
In Qajar Iran, taking sanctuary expanded for both religious and non-religious desti-
nations, although it was infringed in some cases and even limited and abolished for
a period of time. As we have more sources about this era than about previous ones,
we know that taking sanctuary was practiced by both elites and commoners in
many places, from major Iranian cities to remote villages. Moreover, not only did
many sit-ins occur at religious places, including Shi‘ite shrines, which remained the
most common bast places in Iran,69 but taking sanctuary also increased in non-reli-
gious places. These included the Pearl Cannon (Tuppe Morvarid) in Tehran, the
gate of Homayun palace in Isfahan, the ‘Abbas ‘Ali plane tree in Tehran that had
been planted by Shah Tahmasb-e Safavi, houses of renowned persons, palace neigh-
bors, Divan-khanehha (royal courts), the chain of Anushirvan’s justice, kings’ kitchens
and stables,70 and the royal artillery.71
Moreover, for the first time, those non-religious places now included foreign del-
egations. Certainly, some people believe that Qajar kings tried to weaken bast by broad-
ening and thus spoiling bast centers.72 But it was the weakness of Qajar bureaucracy, the
rising power of foreign players operating from embassies, and Iran’s gradual entry into
international society that were the most important reasons for increasing sanctuary
takings in Qajar Iran. In this era, to be accepted as a legitimate and reliable state, the
Iranian government observed the right of sanctuary taking in foreign embassies. This
implicitly gave foreigners the right to weigh in on domestic, i.e. Iranian, judicial cases.
Taking sanctuary was an important means of protest against official corruption.
The treatise Kovkabeh-ye Mozaffari, printed in 1895, held that “although bast
neshini is against justice, in our [the Qajar] era, this Law House (Bast Khaneh-ye
Qanun) does not exist. Taking sanctuary is a great gift to extinguish the fire of a des-
potic governors’ rage.”73 Mirza Abu Al-Hasan Khan-e Ilchi (1776‒1846), an Iranian
diplomat and foreign minister, mentioned bast in a comparison of Iranian and Euro-
pean political and judicial systems. “[In Europe] it is different from Iran, where sub-
jects are occasionally ordered to pay sixty or seventy tomans. [Thus] people of each
part of the country take sanctuary in tombs and shrines. Iran is ruined and desolate.”74
500 Eshaghi
Then again, the life of the very founder of the Qajar dynasty was saved by taking
sanctuary in a shrine. At the beginning of his political career, Aqa Muhammad
Khan Qajar (1742‒97) took shelter in the shrine of Shah Cheragh in Shiraz, thus
saving his life. Afterwards Hossein Qoli Khan, brother of Aqa Muhammad Khan,
took sanctuary in shrine of Hazrat-e Masumeh.75 The brother of Fath ‘Ali Shah-e
Qajar (1772‒1834), the second Qajar king, also took refuge in that shrine and was for-
given by him.76 In 1845 Muhammad Shah (1808‒48), the third Qajar king, decided to
arrest and kill Haj ‘Ali Khan; however, he was informed that Haj ‘Ali Khan had fled
from Niyavaran (north of Tehran) to Qom and taken sanctuary in the shrine of
Hazrat-e Masumeh. He was welcomed by Haji Seyyed Safi, the custodian of shrine.
The shah wrote a letter to Hakem-e Sadr Ardabili instructing him to make Haj
‘Ali Khan exit the shrine by a trick. He obeyed the order, arrested the refugee and
sent him to Tehran. Haj ‘Ali Khan passed a year in prison before being exiled to
the religious cities of Iraq.77 The family of Mirza Abu al-Qasem Farahani (1779‒
1835), a former Iranian chancellor, also took shelter in the shrine of Hazrat-e
Masumeh as Mirza Abu al-Qasem Farahani had been betrayed and murdered by
the order of Muhammad Shah Qajar. Farahani’s family, including his son, called
Mirza ‘Ali, stayed at the shrine for thirteen years until Amir Kabir (1807‒52) was
appointed to the chancellorship. This is considered as the longest sanctuary taking
in Iranian history.78
The process of controlling the sanctuaries in Qajar Iran started with royal decrees
limiting the number of recognized sanctuaries. In 1835‒48, Muhammad Shah Qajar
(r. 1834‒48) and his chancellor Mirza Aqasi tried to control and limit the right to
take sanctuary. They recognized as legitimate only the shrines of Imam Reza in
Mashhad, of Hazrat-e Masumeh in Qom and of ‘Abd al-‘Azim in Rey.79 In 1848,
some noblemen took sanctuary in British and Russian legislatures because of the chan-
cellor’s oppression, asking Muhammad Shah to depose him.80 There is a document on
another sanctuary taking by a man called Mirza Rasul in the house of the religious
noble Haji Seyyed Javad in Muhammad Shah’s reign, in 1831.81 In 1835, Ilchi
took sanctuary in the ‘Abd al-‘Azim shrine. He did not exit the sanctuary until
Mirza Abu al-Qasem Farahani, the chancellor, was killed.82 In 1843 Muhammad
Shah also cancelled the right to take sanctuary in any house as a part of economic
agreement between Iran and Russia.83 In 1848, following Muhammad Shah’s death,
Hajj Mirza Aqasi, his prime minister from 1835 to 1848, fled to the ‘Abd al-‘Azim
shrine, fearing the public’s ire.84
Naser al-Din Shah’s reign (r. 1848‒96) is the most controversial period for sanctu-
ary taking, not only in the Qajar era but also in the whole history of sanctuary taking
in Iran. He sometimes respected but also limited, abolished, and reinstated sanctuary
taking during his almost fifty years of kingship. Early on, his reformist chancellor,
Amir Kabir, abolished bast85— an early milestone decision explainable as a reaction
to the great prevalence of bast neshini and sit-ins at that time and limiting the
power of the clergy.86 Taking sanctuary during the late reign of Naser al-Din Shah
was used also by opportunists and those who tried to escape law by “misusing”
Quietness beyond Political Power 501
sanctuary taking. So some historians have called that taking sanctuary at that era
became vulgar, platitudinous and cheap.87
During Amir Kabir’s chancellorship (1848–51) there was a sit-in by people of
Isfahan against the governor at the house of a prominent religious leader called
Seyyed-e Shafti.88 Shafti was powerful; not even Iran’s chancellor was able to expel
somebody having taken refuge in his house. In the same year, Salar, a criminal,
took refuge in the shrine of Imam Reza in Mashhad after having led a riot that resulted
in a massacre in the city. His endeavor to take sanctuary was harshly criticized by clergy
and commoners who knew of his misdeeds. Salar was eventually arrested and exe-
cuted:89 an example of somebody who had taken refuge in a sanctuary but was
found guilty by the public. On the other hand, one of the most important challenges
of Amir Kabir’s chancellorship was Mirza Aqa Khan Nuri’s taking bast at the British
embassy in Tehran. Because of these and other cases of bast, Amir Kabir at last decided
to regulate the practice.
A bit later, trying to expel a sanctuary taker resulted in a civil war in Isfahan. Gholam
Hossein Khan Sardar, who was appointed governor of Isfahan in June 1850, decided to
arrest his minister, Mirza ‘Abd al-Hossein. ‘Abd al-Hossein sought refuge at Seyyed
Asad Allah Mosque and was welcomed by some citizens. The governor then destroyed
the houses of those who had been inside the shrine. This led to a rebellion against him
in the city. People laid siege to the governor’s headquarters and a riot started. Many
were killed, and in the end, ‘Abd al-Hossein was arrested and executed. Afterwards,
however, Isfahan’s governor was summoned to Tehran and dismissed.90 Also, in
1849, Sheykh Haddad, an Arab activist in southern Iran, was defeated and took
sanctuary in the stable of Saham al-Saltaneh.91 In this period, there is a report which
shows that some sanctuary takers continued their business at the shrines.92
When Amir Kabir cancelled Bast Neshini in 1850 as part of his juridical reforms, he
persuaded the Friday prayer Imam of Tehran, a central religious figure in Iran, to
support him.93 He also objected to the use of mosques as shelters for armed forces
close to clergymen.94 It was only two years later that Naser al-Din Shah himself reaf-
firmed bast neshini. While Nasser al-Din Shah had once discussed with Molla ‘Ali
Kani (1805‒88), Tehran’s most prominent clergyman, the possible ending of that tra-
dition, Kani had asserted that guaranteeing justice is the prerequisite of abolishing the
tradition, and had stated that “in order to close the gate of other [rule]s, I think, the
government should open the gate of Justice.”95
After deposing Amir Kabir, Naser al-Din Shah issued a royal order on 26 February
1852 that, reprinted in the official newspaper Vaqaye-ye Ettefaqiyyeh, pledged that he
would observe bast neshini in the shrines of ‘Abd al-‘Azim in Tehran and Hazrat-e
Masumeh in Qom “in order to help oppressed and forced persons”96 (He meant
those who had to stay at sanctuary and had no other choice.) Excluding “bandits,
immoral people, delinquents, and killers,”97 he added that the right for sanctuary
taking was accepted in certain places, namely Tehran and Qom.
Eleven years later, in 1863, with the consent of the Friday prayer’s Imam, Mirza
Abu al-Qasem Isfahani, Naser al-Din Shah cancelled the right to take sanctuary in
mosques for killers, thieves and adulterers. The same was with the case for the
502 Eshaghi
Qoli Khan and Yusuf Khan, leaders of the Bakhtiyari tribe, staged a sit-in at the ‘Abd
al-‘Azim shrine and asked the government to free other Bakhtiyari nobles from prison.
The shah called Nasir al-Dowleh Shirazi and Vajih Allah Mirza-ye Sepahsalar to take
them to Zel al-Soltan. In the end, one nobleman was freed.129 In 1886, another group
of Bakhtiyari tribal leaders took sanctuary at the house of a noble in Tehran in order
not to be persecuted for actions that other khans had taken against the central govern-
ment.130 In 1893, some criminals sought refuge in Shah Cheragh after realizing that
government forces, informed they had raped a boy, were pursuing them;131 and in
1895, gangsters who had attacked a marshal also took sanctuary in Shah
Cheragh.132 In 1889, Akbar Dai Muhammad, a criminal, took sanctuary at Haji
Seyyed Qarib’s house in Shiraz after killing a custodian of the Shah Cheragh
shrine. He was arrested by the sheriff.133
However, the most important sit-in at a Shi‘ite shrine during Naser al-Din Shah’s
reign was by Seyyed Jamal al-Din Afghani. As a keen opponent of Naser al-Din Shah,
he got to the shrine of ‘Abd al-‘Azim and campaigned against him. His sit-in gradually
drew attention; therefore, he was expelled from the shrine and exiled from Iran.134
In Mozaffar al-Din Shah’s reign (r. 1896‒1907), there were other sanctuary takings
and also political sit-ins at Shi‘ite shrines. In fact, this shah’s era has been known for
massive sit-ins at Shi‘ite shrines and foreign legations in protest against the govern-
ment and in support of a national constitution. In 1897, some Yazdis traveled to
Tehran to protest against their governor, Eqbal al-Molk, and organized a sit-in in
the ‘Abd al-‘Azim shrine in the south of Tehran.135 In some cases, taking sanctuary
changed the life of the refugee. They were often forgiven and officials frequently
returned to power in an even higher position. ‘Ein al-Dowleh narrates in 1898:
Everywhere, people are talking about the probable appointment of Amin Al-Soltan
to ministry of the interior. Everyone is waiting to see him in this position. His rela-
tives and servants are very happy. Today he sat in the courts, was served lunch, read
telegraphs, and wrote orders. Last year, on the same day, he was in the bast of Ela-
hiyeh [north of Tehran]. He was living like a dog, even worse and filthier, but now
he is living as I described. I wonder, according to law, which one is correct? Because
of which treason had he to take sanctuary? And due to which service is he afforded
the ministry?136
‘Ein al-Dowleh asserts that in earlier times, if a government officer conducted a sit-in,
he was punished by his senior administrator. But now every officer with a slight
problem immediately thinks of staging a sit-in.137 Thus, in June 1898, Prime Minister
Mirza ‘Ali Asghar Khan-e Amin al-Soltan was informed that some activists had gath-
ered at Roshdiyeh School and tried to re-appoint Mirza ‘Ali Khan Amin al-Dowleh to
the position of prime minister. The prime minister proceeded to arrest the group, but
one of them, Mirza Hasan Roshdiyeh, fled and took sanctuary in the house of Sheykh
Hadi Najmabadi, a well-known clergyman of Tehran.138 In 1901 a killer took sanc-
tuary in the Shah Cheragh shrine of Shiraz139 to avoid punishment, and in 1903
504 Eshaghi
some thieves took refuge in the rural shrine of Pir Morad, an Emamzadeh in Estah-
banat, in the south of Iran.140 The royal cannon was also a place of sanctuary. In June
1906, police arrested a drunken man and tried to carry over him to police station. The
drunken man escaped and touched the cannon. The soldiers guarding the cannon did
not allow the police to re-arrest him and thus a quarrel started among them.141 In the
same year, some seventeen religious students, accused of having killed a merchant and
burned his dead body, took sanctuary in a shrine. Because they took sanctuary, they
were not arrested.142
There were also some sit-ins under Mozaffar al-Din Shah. In 1897, the guilds of
Tabriz assembled in the shrine of Emamzadeh Seyyed Hamzeh in protest at counter-
feit money that had intentionally been released in the bazar.143 In the same year, some
financial officers conducted a sit-in at the prime minister’s house to protest that Isfa-
han’s head of financial affairs had been deposed, but gave up when the shah paid no
attention to them.144 In 1899, Amir Khan, the minister of war, took sanctuary in the
chancellor’s house. The chancellor interceded and the shah forgave the minister, and
also gifted him a sword.145 In February 1900, there was a controversial bast in Tehran.
A man who had taken sanctuary in the house of Haji Sadr-e Hamedani was arrested by
police. Religious students (tollab) protested to the police because of the arrest and were
beaten by the police. They assembled at Behbahani’s house and asked him to react to
the infringement of the sanctuary, but he refused.146 Some months later, Qavval al-
Dowleh organized a sit-in at the chancellor’s house and asked the government to
pay back his debt.147
Sometimes, somebody who had failed to perform their job properly took sanctuary
for fear of punishment. Thus, in 1890 Prince Muhammad ‘Ali Mirza’s coachmen were
driving clumsily and caused the phaeton to tip over; they fled and took sanctuary.148
There are cases of sit-ins at the time of Mozaffer al-Din Shah. In 1900, Qavam al-
Dowleh conducted a sit-in at the chancellor’s house and asked the government to
pay his customs debt. Mozaffar al-Din Shah gifted him a pen case and asked him
to leave the chancellor’s house.149 Mozaffar al-Din Shah’s wife, Taj al-Moluk
(known as Om al-Khaqan), also used a sit-in at a shrine to make the shah divorce
her. As he did not want to divorce her, she held a sit-in at an Emamzadeh in
Tabriz. The shah agreed to divorce her.150
Early in 1899, the people of Tabriz assembled at a shrine to protest at the hoarding
of bread by landlords.151 In 1901, some people from Yazd traveled to Tehran and
started a sit-in at the Morvarid Canon to protest against the oppression of Jalal al-
Dowleh, but no one paid attention to their protest.152 In 1905, Salar al-Saltaneh
staged a sit-in. He resorted to the door of the Royal Harem to compel the prime min-
ister to appoint him governor of Kurdistan and Garus. He succeeded.153 This was fol-
lowed by a sit-in by some bankers in the house of the Friday Prayer Imam of Tehran,
asking the government to pay its debts to them.154
In April 1905, bankers, merchants and traders of Tehran assembled in ‘Abd al-
‘Azim shrine, south of Tehran,155 followed by a sit-in by clergymen in December
1905.156 Some weeks later, between 12,000 and 16,000 demonstrators camped in
the Tehran gardens while some 1,000 members of the clergy traveled to Qom to
Quietness beyond Political Power 505
protest against the shah.157 Anti-constitutional activists, primarily Sheykh Fazl Allah
Nuri, also staged a sit-in at that shrine.158 In fact, the Constitutional Revolution trig-
gered a great number of sit-ins at both Shi’ite shrines and the British embassy. And, as
mentioned, in December 1905, two groups organized a sit-in at a mosque in Tehran.
The government forces entered the mosque and dispersed the protestors—triggering
an even larger sit-in at the shrine of ‘Abd al-Azim. This time it was highly dangerous to
enter the shrine in order to disperse the sit-in, which hence succeeded. The govern-
ment established “the house of justice.”159 The next year, in reaction to the killing
of some protestors, Shi’ite religious scholars organized a sit-in at Qom and many mer-
chants held another sit-in at the British embassy. Finally, in August 1905, Muzaffar al-
Din gave in and signed a proclamation and the constitutional monarchy was born in
Iran.160
Although the Constitutional Revolution benefited the practice of sanctuary taking,
the newly formed parliament unsuccessfully tried to end the right of taking sanctuary
in the houses of clergymen.161 In fact, sit-ins with political purposes in Shi‘ite shrines
continued into the last years of the Qajar dynasty. On 14 July 1918, some clergymen,
including Seyyed Hasan Modarres, started a sit-in at ‘Abd al-‘Azim shrine and asked
Ahmad Shah (1898‒1930), the last Qajar king, to dispose his prime minister, Samsam
al-Dowleh. After constraining the freedom of the press, journalists organized a sit-in at
the aforementioned shrines and at the Russian legation on 9 March 1922.162 There
are reports of sit-ins by military forces (Qazzaqs) at the shrines,163 taking sanctuary
in 1922164 and 1924.165 There were infringements of the bast at Shah ‘Abd al-
‘Azim shrine, so Reza Pahlavi (1925‒41) who was commander-in-chief of the army
(Sardar Sepah) went to the shrine and apologized. The people brought a royal
order by Ashraf-e Afghan, who died in 1760, who observed the tradition of bast
even though he was not an Iranian Shi‘ite ruler. They declared that “whenever
justice is breached in Iran, the tradition of taking sanctuary (bast neshini) should be
observed.”166
Under Reza Shah Pahlavi, sanctuary taking continued but was eventually abolished.
In this era, changes in Iranian institutions put severe pressure on the practice of sanc-
tuary taking. In another words, it was seen as a “pre-modern” legal practice, one, fur-
thermore, which benefited religious authority in society, entailing many political
implications. Thus, some draft dodgers took sanctuary at shrines in Mashhad, Qom
and Rey.167 There was also an important sit-in at the shrine of Imam Reza at
Mashhad in protest at Reza Shah’s anti-Islamic activities in June 1935. In this case,
military forces attacked those protesting at Goharshad mosque, located inside Imam
Reza’s shrine, and killed and arrested some of the protestors.168 Taking sanctuary
was finally abolished in the era of Reza Shah,169 in accordance with his policy of mod-
ernizing the Iranian juridical system.170 In this sense, sit-ins at religious and non-reli-
gious places were also abolished in the name of national independence and state
sovereignty.171 The Islamic revolution of 1979 in Iran did not change this situation.
Although pro-revolution sit-ins at a mosque accompanied the revolution,172 the right
to take sanctuary in Iranian shrines was not reinstated.173 Reasons were the weakness
of the tradition some five decades after its abolishment, the essence of the Islamic revo-
506 Eshaghi
lution, and the resultant Islamic state that presupposes the judicial system to be very
religious and thus perfect. In other words, the denial that religion and state could poss-
ibly be dichotomous in an Islamic state brought an end to the tradition of taking sanc-
tuary. That is, the very basis of taking sanctuary in Shi‘ite shrines is not recognized by
the Islamic Republic of Iran; thus, taking sanctuary is not justified in its theory of
statesmanship. However, some nine decades after having been abolished and not
being practiced, bast and bast neshini continue to live in Iranian memory, literature
and folklore. Thought no longer practiced, bast and bast neshini are still present in
Iranian folklore and colloquial Persian in the meaning of assembling, protesting
and taking sanctuary.
Conclusion
Rooted in Islamic theology, taking sanctuary was practiced for many centuries in
different parts of Iran. It was widespread in both religious and non-religious places
and might be considered an important element in Iranian urban life. Practiced
along with the tradition of sit-ins at shrines, taking sanctuary is rooted in the dichot-
omy of “the religious” and “the political” in Iran which was observed during its history.
In this case, there was a sort of dialogue between the religious and political authorities
to solve the problem. As discussed above, taking sanctuary challenged the state’s power
in many cases and caused the political authorities to retreat from their standpoint and
let the clergy and public opinion judge the cases. Taking sanctuary in religious places in
Iran is a part of Iranian judicial system, in addition to being an important part of
Iranian religious, social and cultural life. In this sense, Taking sanctuary should be con-
sidered as an Islamic practice with implications for the political, urban, architectural
and social life of Iran from the medieval era until now.
Notes
13. Azraghi, Akhbar al-Makka, 715‒16; Malek Mohammadi and Khani, “Balad al-Amin,” 206.
14. Malek Mohammadi and Moqaddami Shahidani, “Balad al-Haram,” 211.
15. Najafi, Javahir al-kalam fi sharh sharaye‘ al-Islam, XX, 46-7.
16. See Anas, Al-Muvatta, II, 889‒92; Bostan, “Amniyat-e Haram,” 250; and Majlesi, Behar al-Anvar,
chapter on “Javame manaqebehem,” 26.
17. See Najafi, Javahir.
18. Curzon, Persia and the Persian Question, I, 155.
19. Masse, Croyances et coutumes persanes, 405; Algar, Religion and State in Iran, 134. For accounts
dealing with animals which fled the abattoir to the shrines of Imam Reza when where prepared
to be slaughtered, see Razavi, Shefa Yaftegane Hazrat-e.
20. Astarabadi, Dorre-ye Nadereh, 283.
21. Prushani, “Bast va Bast Neshini,” 395.
22. Matin, “Bast,” 105.
23. Examples are for instance, Iraj Mirza’s (1874–1926) poem, including Naf be payin nabari dast ra /
Nashkani az bikheradi bast ra. Mirnejat-e Esfehani’s is Gorizgahe dele khaste zolfe chon shast ast /
setam reside alajash neshastane bast ast and Mohsen Tasir Esfehani’s poem: Bast ast be mardome sare
rahe cheshme siyahash / khon kardeo dar bast neshahtast negahash.
24. Matin, “Bast,” 79.
25. Mo‘tamed al-Dowleh, “Hedayeh al-Sabil va kefayeh al-Dalil,” 453.
26. Malcolm, The History of Persia, II, 443.
27. Such as the whole district of Bidabad in Isfahan, see Masse, Croyances, II, 405.
28. Most notably Shah Cheragh in Shiraz, Seyyed Hamzeh in Tabriz, Haji Mir Yaqub in Khoy; see
Masse Croyances, 407; Calmard, “Bast,” 857.
29. The main reason for refuge in telegraph stations was the idea that the telegraph wires “ended at the
foot of the throne in Tehran” (Curzon, Persia, I, 175; Calmard, “Bast,” 857.).
30. Nazem al-Eslam Kermani, Tarikh-e Bidari-ye Iranian, 429.
31. Cronin, Soldiers, Shahs and Subalterns in Iran, 32.
32. Curzon, Persia, I, 219‒20.
33. Etimad al-Saltaneh, Matla‘ al-Shams, II, 238; Qassabiyan, “Tarikhcheh-ye,” 230.
34. Calmard, “Bast,” 857; Masse, Croyances, 404‒20; Curzon, Persia, I, 347.
35. Dehshidi, “Hojre Hojre Hameja Yade Khoda,” 25.
36. Farhangi, “Bast va Bastneshini,” 398.
37. Qassabiyan, “Tarickche-ye,” 233.
38. Consequently mean: Upper Bast, Lower Parish Bast, Bast of Tabarsi (name of a scholar) and Qibla
Bast.
39. Ibn Hesham, Al-Sira al-Nabaviyya, IV, 53.
40. Ibid., 235.
41. Majlesi, Behar, XLII, 330.
42. See Ibn Saei, Mokhtasar Akhbar al-Khilafa.
43. Hendushah, Tajarob al-Salaf, 116.
44. Ibn Kasir, Al-Bidaya va al-Nahaya, 14‒320.
45. Natanzi, Montakhab al-Tavarikh, 45; Falsafi, Zendegani-ye Shah ‘Abbase Avval, 226; Fazlollah,
Jame‘ al-Tavarikh, III, 200; Calmard, “Bast,” 857.
46. Farhangi, “Bast va Bast Neshini,” 397.
47. Turkman, Tarikh-e ‘Alam Araye ‘Abbasi, 16.
48. Falsafi, Zendegani, III, 101.
49. For an example of sanctuary taking in this shrine in 1835 see Safari, Ardabil dar Gozar-e Tarikh,
150.
50. Prushani, “Bast va Bast Neshini,” 396; Calmard, “Bast,” 857.
51. Anoushe, “Bast,” 227.
52. Calmard, “Bast,” 857.
53. Malcolm, The History of Persia, I, 155.
508 Eshaghi
54. Sakhaei, The Story of Carpets, 10‒11; Mesbahi, Gomshode-yi az Honar va Me‘mari-ye Safavi, 42.
55. Halm, Shi‘a Islam from Religion to Revolution, 72.
56. Tavernier, The Six Voyages, 29.
57. Falsafi, Zendegani-ye, III, 250.
58. See Keyvani, Artisans; Calmard, “Bast,” 858.
59. Keyvani, Artisans, 157; Calmard, “Bast,” 856, quoting ‘Abbas Nameh and Khold-e Barin). The
other case is taking sanctuary in his stable: see Turkman, Tarikh-e, I, 884.
60. Chardin, Persian Translation of Voyages du Chevalier Chardin, I, 353.
61. Ibid., IV, 1446.
62. Salur, Ruznameh-ye, VII, 5301.
63. Malcolm, History of Persian, II, 59; Calmard, “Bast,” 858; Algar, Religion, 33‒47.
64. Muahammad Beygi, Bargi az Tarikh-e Qom, 220‒21.
65. See Kalantari, Aftab-e.
66. Khalesi, Tarikhche-ye, 83.
67. Kasravi, Tarikh-e pansad saleh-ye Khuzestan.
68. Naser al-Din Shah, Safarha-ye Naser al-Din Shah be Qom, 51.
69. Khoshaftar, “Bast va Bast Neshini,” 5.
70. Qoreyshi Karin, Qom, 186.
71. Masse, Croyances, 405.
72. See Abbasi, Falsafeh-ye Bast.
73. In Persian: Ekhmad-e Nar-e Ghazab-e Hokkam-e Ja‘er. See Takmil Humayun, “Kowkabe-ye
Naseri.”
74. Alavi Shirazi, Safarnameh-ye Mirza Abu al-Hasan Khan-e Shirazi (Ilchi) be Rusıyeh, 12.
75. Naser al-Din Shah, Safarha-ye, 51.
76. Qoreyshi Karin, Qom, 184.
77. Hajeb al-Dowleh, Safarname-ye Haj ‘Alikhan-e E‘temad al-Saltaneh, 18.
78. Abbasi, Falsafe-ye Bast, 94.
79. Adibalmulk, “Khaterat-e Adibulmulk-e Hokmran,” 492.
80. Khalili, Gam be Gam ba Enghelab, 45.
81. Rashvand, Mujmale Rashvand, 110.
82. Alavi Shirazi, Safarnameh-ye Mirza, 22.
83. Sepehr, Nasekh al-Tavarikh, II, 824.
84. Ibid., III, 40.
85. Fischer, Iran from Religious Dispute to Revolution, 108.
86. Adamiyat, Amir Kabir va Iran, 432‒4.
87. E‘temad al-Saltaneh’s account of the case is informative: “Yesterday evening Hossein Tupchi deeply
wounded the head, face and arm of Mirza Ahmad, brother of Mirza Beik-e Korijani, without any
reason and then fled and took sanctuary at Emamzadeh Yahya [to avoid prosecution]. Mirza
Ahmad’s health is critical. Hamedan is really in a bad condition. There are more than a thousand
cannon men and soldiers who are all villains and rabble. They commit such a wickedness and then
flee or take sanctuary … People of Hamedan are desperate … This evening Hossein Tupchi has fled
Emamzadeh and now no one knows where he is. Two districts of Hamedan are considered bast.
Businessmen who are working there are all killers and villains who have taken sanctuary there.
The city’s condition is really bad. Is it imaginable that two districts of a city be considered as
bast?” He also describes the prevalence of sanctuary taking in Qazvin city: “House of clergy, religious
schools and sacred shrines in addition to public bathes which are endowed to those schools or gifted
to clergy and their rented houses and stores are all considered as bast. When a religious student sees a
guilty person arrested by police, he strikes the police and frees the guilty. Police take criminals to the
police station by remote alleys. I swear God that it is not a good manner and ours [juridical system]
it not good either”. See Salur, Ruznameh-ye, I, 401‒2; V, 3847.
88. Mahdavi, A‘lame Esfehan, 321.
89. Sepehr, Nasekh, 1102‒4.
Quietness beyond Political Power 509
135. “Ein al-Saltaneh reports: As Eqbal al-Molk is an ally of Prime Minister, he supports Eqbal not to be
deposed. Thus protesters against Eqbal are displaced in Tehran for two or three months. Once they
are threatened to be killed, another time they are given tips, again they are ordered to exit the city.
Despite all these calamities, they do not return to Yazd. They have taken sanctuary in ‘Abd al-‘Azim
shrine, tied their long scarfs to the iron box on the grave and shout ‘Ya Saheb al-Zaman [=the
occulted Imam]!’” See Salur, Ruznameh-ye, II, 1238.
136. Ibid., II, 1264.
137. Ibid., II, 1291.
138. Dowlat Abadi, Hayat-e Yahya, I, 289‒90.
139. Khafiyyeh Nevisan, Majmu‘eh-ye, 636.
140. Ibid., 713.
141. Sepehr, Merat al-Vaqaye‘-e Mozaffari, I, 975.
142. Sepehr, Merat, I, 198.
143. INA 296/10465.
144. Sepehr. Merat, I, 115.
145. Ibid., I, 233.
146. Ibid., I, 492.
147. Ibid., I, 503.
148. Ibid., I, 575.
149. Ibid., I, 508.
150. Salur, Ruznameh-ye, II, 1023.
151. Katouzian, Iranian History and Politics, 137.
152. Sepehr, Merat, II, 635.
153. Ibid., II, 762.
154. Ibid., II, 765.
155. Bayat, Iran’s First Revolution, 120‒21; Gilbar, “The Big Merchants (Tojjar) and the Persian Con-
stitutional Revolution of 1906,” 296.
156. Algar, Religion, 246.
157. Calmard, “Bast,” 857.
158. Hairi, Shiism and Constitutionalism in Iran, 192; Calmard, “Bast,” 857.
159. Mackey, The Iranians, 150‒155.
160. Abrahamian, Iran Between Two Revolutions, 84.
161. Mohammadi, Judicial Reform and Reorganization in 20th Century Iran, 267.
162. ‘Aqeli, Ruzshomar-e Tarikh-e Iran, I, 105; A. Mostoufi, Sharh-e Zendegani-ye Man, III, 5.
163. Salur, Ruznameh-ye, VII, 5301.
164. Ibid., VIII, 6233.
165. Ibid., IX, 6816.
166. Ibid., IX, 7070.
167. Farhangi, “Bast va Bast Neshini,” 398; Matin, “Bast,” 107‒8.
168. Qasempur, Qiyam-e Goharshad be Revayat-e Asnad.
169. Afzali, “Tahasson,” 667.
170. Some examples are a group of clergy in 1935 in the shrine of Imam Reza, Mashad (see Hoveyda, The
Shah and the Ayatollah, 12 and of Ayatullah Nourullah Najafi Isfehani (1859‒1927) and in the
shrine of Hazrat-e Masumeh in Qom.
171. Cronin, Soldiers, 37.
172. At 8 Bahman 1357/28 January 1979 some clergy organized a sit-in at the mosque on the campus of
Tehran University in protest at the government preventing Ayatollah Khomeini’s return from the
exile. They left the mosque five days later as he entered the country. Khalili, Gam, I, 251; ‘‘Aqeli,
Ruzshomar-e, II, 402‒3.
173. In 2010 an Iranian cleric called ‘Alireza Jahanshahi, known as Talsbeh-ye Sirjani (religious student),
from the city of Sirjan, staged a sit-in at the shrine of ‘Abd al-‘Azim in protest at widespread gov-
Quietness beyond Political Power 511
ernment corruption in his city. He was in the shrine for a year and finally was arrested by security
forces in 2011 at the shrine.
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