Religious rulings
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Religious rulings (Arabic: الأَحكام الشَرعیَّة), are related to human duties. Religious rulings are derived from religious sources, which are: the Qur’an, the Tradition, intellect and consensus. A person who has the ability to derive the rulings from these sources is called a "mujtahid". Today, religious rulings are presented in books of practical rulings, which include the opinions of marja's.
Religious rulings are divided into two types: injunctive ("taklifi") and declaratory ("wad'i"): injunctive rulings directly express people's duties; like the commands to pray or not to drink wine. Declaratory rulings are indirectly related to people’s duties, such as the ruling that praying with najis clothes is invalid.
Based on the fatwa of marja's, it is obligatory for a person to learn the rulings he often deals with.
Types of religious rulings
Jurists have proposed different divisions for religious rulings; among which are:
- Injunctive (taklifi) and declaratory (wad'i) rulings
- Primary (awwali) and secondary (thanawi) rulings
- Real (waqi'i) and apparent (zahiri) rulings
- Foundational (ta'sisi) and approbative (imda'i) rulings.[1]
Injunctive and Declaratory Rulings
An injunctive ruling directly expresses a person's duty regarding an issue; for example, it commands to pray or not to drink wine.[2] There are five types of injunctive rulings: obligation, recommendation, prohibition, dislike and permission.[3] These are called "five rules".[4]
A declaratory (wad'i) ruling does not express an order directly; rather, it expresses the status of an action or contract in terms of validity and invalidity;[5] like the ruling that praying with najis clothes is invalid.[6] Declaratory rulings are indirectly related to human duties. For example, regarding marriage, the rulings that state the conditions of validity of marriage are declaratory (wad'i) rulings, but the duties that the man and the woman have towards each other after marriage are injunctive (taklifi) rulings.[7]
Primary and Secondary Rulings
Primary rulings express people's duties under normal conditions; such as the obligation to perform the morning prayer and the prohibition of drinking wine. A secondary ruling is a ruling that replaces the primary ruling in case of emergency or coercion, such as the permissibility of breaking fast for someone whose fasting is harmful to his health or for someone who has been forced to break his fast.[8]
Foundational and Approbative Rulings
Foundational (ta'sisi) rulings are the rulings issued for the first time in Islamic law.[9] An approbative (imda'i) ruling is a ruling that existed before Islam and has been approved by Islam.[10]
Sources of Islamic rulings
Religious rulings are derived with the help of sciences such as diraya, rijal, principles of jurisprudence and jurisprudence.[11] Jurists refer to four sources for deriving religious rulings: the Qur'an, the Tradition, reason, and consensus, which are called "the four sources".[12] The Tradition refers to the hadiths that have been narrated from the speech and actions of the Infallibles (a).[13] In Sunni jurisprudence, only the Tradition of the Prophet (s) is referred to; but, in Shiite jurisprudence, in addition to the Tradition of the Prophet (s), the tradition of the Infallible Imams (a) is also referred to.[14] In Twelver Shiite jurisprudence, the Qur’an and the traditions of the Prophet (s) and the Twelve Imams (a) are the main sources of religious rulings.[15]
It is a mujtahid's responsibility to derive the religious rulings from these sources. A mujtahid is someone who has reached ijtihad; meaning that, he has the ability to derive religious rulings from the sources.[16]
Necessity of getting familiar with religious rulings
According to the fatwa of the jurists, it is obligatory for a person to learn that part of religious rulings that he often deals with.[17] Also, a person must either be a mujtahid and derives the rulings from the sources, or follows a marja', or reaches certainty that he has fulfilled his religious duty through precaution. For example, he should not do an action that some mujtahids consider forbidden, and others consider permissible; also, he should do an action that some mujtahids consider obligatory, and others consider permissible.[18]
Special books of rulings
Today, religious rulings are presented in the form of books of practical rulings, written by marja's.[19] A marja' is someone who is followed by others; i.e., they perform their religious actions based on his jurisprudential opinions (fatwas) and pay their religious taxes to him or his representatives.[20]
Notes
- ↑ Wilāʾī, Farhang-i tashrīhī-yi iṣṭilāhāt-i uṣūl, p. 175-176.
- ↑ Ṣadr, al-Maʿālim al-jadīda li-l-uṣūl, vol. 1, p. 123-124.
- ↑ Ṣadr, Durūs fī ʿilm al-uṣūl, vol. 1, p. 63-64; Ṣadr, al-Maʿālim al-jadīda li-l-uṣūl, vol. 1, p. 124-125.
- ↑ Sajjādī, Farhang-i ʿulūm, p. 29.
- ↑ Ṣadr, al-Maʿālim al-jadīda li-l-uṣūl, vol. 1, p. 124.
- ↑ Ḥusaynī Shīrāzī, al-Wuṣūl ilā kifāyat al-uṣūl, vol. 5, p. 83.
- ↑ Ṣadr, al-Maʿālim al-jadīda li-l-uṣūl, vol. 1, p. 124-125.
- ↑ Mishkinī, Iṣṭilāhāt al-uṣūl, p. 124.
- ↑ Muḥaqqiq Dāmād, Qawāʿid-i fiqhī, vol. 1, p. 6.
- ↑ Muḥaqqiq Dāmād, Qawāʿid-i fiqhī, vol. 1, p. 6.
- ↑ Makārim Shīrāzī, Dāʾirat al-maʿārif-i fiqh-i muqārin, vol. 1, p. 176; 320-323.
- ↑ Muẓaffar, Uṣūl al-fiqh, vol. 1, p. 51.
- ↑ Muẓaffar, Uṣūl al-fiqh, vol. 3, p. 64.
- ↑ Muẓaffar, Uṣūl al-fiqh, vol. 3, p. 64.
- ↑ Makārim Shīrāzī, Dāʾirat al-maʿārif-i fiqh-i muqārin, vol. 1, p. 176; 183.
- ↑ Wilāʾī, Farhang-i tashrīhī-yi iṣṭilāhāt-i uṣūl, p, 38.
- ↑ Banī Hāshimī Khomeinī, Tawḍīḥ al-masāʾil-i marajiʿ, vol. 1, p. 24.
- ↑ Banī Hāshimī Khomeinī, Tawḍīḥ al-masāʾil-i marajiʿ, vol. 1, p. 11-12.
- ↑ Yazdānī, Murūrī bar risāla-hā-yi ʿilmiyya, p. 292.
- ↑ Yazdī, al-ʿUrwat al-wuthqā vol. 1, p. 4; Raḥmān Sitāyish, Taqlīd, p. 789.
References
- Banī Hāshimī Khomeinī, Sayyid Muḥammad Ḥasan. Tawḍīḥ al-masāʾil-i marajiʿ. Qom: Daftar-i Intishārāt-i Islāmī affiliated to Jāmiʿa-yi Mudarrisīn-i Ḥawza-yi ʿIlmīyya-yi Qom, 1424 AH.
- Ḥusaynī Shīrāzī, Sayyid Muḥammad. Al-Wūṣūl ilā kifāyat al-uṣūl. Qom: Dār al-Ḥikma, 1426 AH.
- Ḥakīm, Muḥammad Taqī. Al-Uṣūl al-al-ʿĀmma fī al-fiqh al-muqārin. Qom: Majmaʿ Jahānī Ahl al-Bayt (a), 1418 AH.
- Muḥaqqiq Dāmād, Musṭafā. Qawāʿid-i fiqhī. Twelfth edition. Tehran: Markaz-i Nashr-i ʿUlūm-i Islāmī, 1406 AH.
- Mishkinī, ʿAlī. Iṣṭilāhāt al-uṣūl wa muʿẓam abḥāthihā. Sixth edition. Qom: Al-Hādī, 1374 Sh.
- Muẓaffar, Muḥammad Riḍā al-. Uṣūl al-fiqh. Fifth Edition. Qom: Intishārāt-i Islāmī, 1430 AH.
- Makārim Shīrāzī, Nāṣir. Dāʾirat al-maʿārif-i fiqh-i muqārin. First edition. Qom: Madrisat Imām ʿAlī b. Abī Ṭālib, 1427 AH.
- Raḥmān Sitāyish, Muḥammad Kāẓim. Taqlīd 1 in Dānishnāmah-yi Jahān Islām. 1st ed. Tehran: Bunyād-i Dāʾirat al-Maʿārif al-Islāmī, 1382 Sh.
- Sajjādī, Sayyid Jaʿfar. Farhang-i ʿulūm, shāmil-i iṣṭilāhāt-i adabī, fiqhī, uṣūlī, maʿānī bayān wa dastūrī. Tehran: Muʾassisa Maṭbūʿātī ʿIlmī, 1344 Sh.
- Ṣadr, Muḥammad Bāqir. Al-Maʿālim al-jadīda li-l-uṣūl. Second edition. Qom: Kungira-yi Shahīd Ṣadr, 1379 Sh.
- Ṣadr, Muḥammad Bāqir. Durūs fī ʿilm al-uṣūl. Fifth Edition. Qom: Intishārāt-i Islāmī, 1418 AH.
- Wilāyī, ʿĪsā. Farhang-i tashrīhī-yi iṣṭilāhāt-i uṣūl. Sixth edition. Tehran: Nashr-i Ney, 1387 Sh.