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==Meaning== | ==Meaning== | ||
Fatwa is the expression of the mujtahid's opinion on a religious ruling for informing his followers. Asking the jurist's opinion on a religious issue is called "istiftaʾ" [religious inquiry]. The one who issues fatwa is called a "mufti" and the person who receives the fatwa is called "mustafti". | Fatwa is the expression of the mujtahid's opinion on a religious ruling for informing his followers. Asking the jurist's opinion on a religious issue is called "istiftaʾ" [religious inquiry]. The one who issues fatwa is called a "mufti" and the person who receives the fatwa is called "mustafti". | ||
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==Difference between Fatwa and Hukm [Ruling]== | ==Difference between Fatwa and Hukm [Ruling]== | ||
'''Jurists have mentioned some differences between fatwa and hukm including:''' | |||
Jurists have mentioned some differences between fatwa and hukm including: | |||
* Fatwa is the expression of a general hukm [ruling]; e.g. drug use is forbidden for all people. But, the ruler's hukm is ordering or prohibiting a certain action; such as ruling the ban of a certain product. | * Fatwa is the expression of a general hukm [ruling]; e.g. drug use is forbidden for all people. But, the ruler's hukm is ordering or prohibiting a certain action; such as ruling the ban of a certain product. | ||
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* '''The Qur'an:''' about 500 [[verses]] of around 6 thousand verses of the Qur'an (about one thirteenth) are about religious rulings. However, according to the view of [[Muhammad Hadi Ma'rifat]], deduction of religious rulings is not limited to these 500 verses. | * '''The Qur'an:''' about 500 [[verses]] of around 6 thousand verses of the Qur'an (about one thirteenth) are about religious rulings. However, according to the view of [[Muhammad Hadi Ma'rifat]], deduction of religious rulings is not limited to these 500 verses. | ||
* '''Tradition:''' which includes the speech, act and silent of the [[Infallible Ones (a)]] [indicating their approval]. Shia consider the life conduct of the [[Prophet (s)]] and [[Imams (a)]] as binding proofs; but, Sunnis only consider the conduct of the Prophet (s) as the binding proof. | * '''Tradition:''' which includes the speech, act and silent of the [[Infallible Ones (a)]] [indicating their approval]. Shia consider the life conduct of the [[Prophet (s)]] and [[Imams (a)]] as binding proofs; but, Sunnis only consider the [[conduct of the Prophet (s)]] as the binding proof. | ||
* '''Consensus:''' It is agreement of religious scholars over an issue. In the view of Shi'a, consensus is binding if it indicates the view of the Prophet (s) or Imams (a). | * '''Consensus:''' It is agreement of religious scholars over an issue. In the view of Shi'a, consensus is binding if it indicates the view of the Prophet (s) or Imams (a). | ||
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==Qualifications of a Mufti== | ==Qualifications of a Mufti== | ||
Different qualifications have been mentioned for a mufti, including [[maturity]], sanity, [[justice]], being Twelver Shi'i, [[A'lamiyya|a'lam]] (the most learned mujtahid) and of legitimate birth. Also, a mufti should know the ways of acquiring religious rulings and deduction of rulings as well as all sciences involved in deduction of rulings. He should also be able to bring arguments for rulings and explain their principles. Therefore, a mufti should be knowledgeable about the Qur'an and tradition. He should also know about the [[abrogating and the abrogated]], the general and specific, the absolute and the specified and the real and metaphoric verses. | Different qualifications have been mentioned for a mufti, including [[maturity]], sanity, [[justice]], being Twelver Shi'i, [[A'lamiyya|a'lam]] (the most learned mujtahid) and of legitimate birth. Also, a mufti should know the ways of acquiring religious rulings and deduction of rulings as well as all sciences involved in deduction of rulings. He should also be able to bring arguments for rulings and explain their principles. Therefore, a mufti should be knowledgeable about the Qur'an and tradition. He should also know about the [[abrogating and the abrogated]], the general and specific, the absolute and the specified and the real and metaphoric verses. | ||
==Rulings== | ==Rulings== | ||
'''Some of the rulings related with fatwa are as follows:''' | |||
Some of the rulings related with fatwa are as follows: | |||
* For the one who is able to deduce religious rulings, it is impermissible to refer to a mufti and follow him. | * For the one who is able to deduce religious rulings, it is impermissible to refer to a mufti and follow him. | ||
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==Terms Indicating Fatwa== | ==Terms Indicating Fatwa== | ||
'''Terms which indicate fatwa are in two forms:''' | |||
* Those which directly express fatwa such as: [[wajib]] (obligatory), [[Haram (fiqh)|haram]] (prohibited), [[makruh]] (disliked), [[mustahabb]] (recommended) and [[mubah]] (permissible). Also, expressions such as “aqwa an ast…” (“It is more strongly believed that…”), “bana bar aqwa…” (“based on a stronger view…”), “azhar an ast…” (“It is more obvious that…”), “ba’id nist…” (“It is not unlikely…”), “khali az quwwat nist …” (“It is not without likeliness that…”) and “ahwat-u aqwa” (“It is based on more precaution and stronger belief that…”). | |||
* Expressions which are ruled as fatwa such as: “ba’id nist lakin mas’aleh moshkil ast” (“It is not unlikely, though it has a problem”), “ahwat, agarcheh aqwa nist” (“It is based on higher precaution while it is not more strongly believed”), “khali az wajh nist…” (“It is not irrelative…”), “mushkil ast, agar-cheh khali az qurb nist” (“It is problematic, while it is not unlikely”) and “mumkin ast qol be an, vali khali az eshkal nist” (“It is acceptable to rely on that account, but it is not free of problem.”) | |||
==="Obligatory Precaution" and "Recommended Precaution" are not Fatwa=== | |||
"[[Obligatory precaution]]" and "[[recommended precaution]]" are not fatwa. In "obligatory precaution", the mujtahid has not reached a definite conclusion on a religious issue, so he does not give fatwa. In such cases, the duty of mukallaf is essentially mentioned based on precaution. In these cases, the follower can act based on that precaution or based on the fatwa of another mujtahid, he knows as the most learned mujtahid after his own [[marja']]. In recommended precaution, the mujtahid has reached a conclusion and has issued fatwa, but he has shown the way of precaution as well; thus, the followers can either act based on the fatwa or the recommended precaution. | |||
The expression of "[[ihtiyat]]" (precaution) in the books of fatwa, if mentioned before or after the fatwa, indicates the recommended precaution; otherwise, indicates the obligatory precaution. | The expression of "[[ihtiyat]]" (precaution) in the books of fatwa, if mentioned before or after the fatwa, indicates the recommended precaution; otherwise, indicates the obligatory precaution. | ||
==Historical Fatwas== | ==Historical Fatwas== | ||
Some famous fatwas of Shia jurists are as follows: | Some famous fatwas of Shia jurists are as follows: | ||
[[File:حکم تحریم.jpg|right|thumbnail|150px|The Fatwa on the Ban of Tobacco]] | [[File:حکم تحریم.jpg|right|thumbnail|150px|The Fatwa on the Ban of Tobacco]] | ||
* '''[[The fatwa of ban on tobacco]]:''' it was a fatwa issued by [[Mirza Shirazi]] in 1309/1891, in response to the granting of exclusive tobacco rights by [[Nassir al-Din Shah]] to the British Régie Company in four cities of [[Iran]], and led to cancellation of the mentioned contract. | * '''[[The fatwa of ban on tobacco]]:''' it was a fatwa issued by [[Mirza Shirazi]] in 1309/1891, in response to the granting of exclusive tobacco rights by [[Nassir al-Din Shah]] to the British Régie Company in four cities of [[Iran]], and led to cancellation of the mentioned contract. | ||
* '''The fatwa of Mirza Muhammad Taqi Shirazi on the obligation of jihad against Britain:''' this fatwa was issued in 1338/1919 and was the cause of Iraqis' uprising against British occupiers and resulted in Iraq's deliberation from British occupation. | * '''The fatwa of Mirza Muhammad Taqi Shirazi on the obligation of jihad against Britain:''' this fatwa was issued in 1338/1919 and was the cause of Iraqis' uprising against British occupiers and resulted in [[Iraq]]'s deliberation from British occupation.<ref>Āqā Buzurg Tihrānī, ''Ṭabaqāt aʿlām al-Shīʿa'', vol. 1, p. 263.</ref> | ||
'''The Fatwa on the Ban of Tobacco''' | '''The Fatwa on the Ban of Tobacco''' | ||
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* '''[[Sayyid Muhsin Hakim]]'s fatwa in prohibition of joining the communist party:''' this fatwa was issued in 1380/1960 after | * '''[[Sayyid Muhsin Hakim]]'s fatwa in prohibition of joining the communist party:''' this fatwa was issued in 1380/1960 after Abd al-Karim Qasim came to power and promoted secular thoughts. In two fatwas, Sayyid Muhsin Hakim declared joining the communist party forbidden and ruled it as disbelief and atheism or promoting such. | ||
* '''The fatwa of jihad against the ISIS:''' the fatwa of [[Sayyid Ali Sistani]], Iraq-based marja', which was issued in 1393/2014 against the ISIS. In that fatwa, he considered defending [[Iraq]] and its sanctuaries as a collective duty and called on groups of the Iraqi people to confront the [[Takfiri]]s. Following the issuance of this fatwa, the Popular Mobilization Forces (aka al-Hashd al-Sha'bi) was formed, which led to the expulsion of [[ISIS]] from Iraqi territory. | * '''The fatwa of jihad against the ISIS:''' the fatwa of [[Sayyid Ali Sistani]], Iraq-based marja', which was issued in 1393/2014 against the ISIS. In that fatwa, he considered defending [[Iraq]] and its sanctuaries as a collective duty and called on groups of the Iraqi people to confront the [[Takfiri]]s. Following the issuance of this fatwa, the Popular Mobilization Forces (aka al-Hashd al-Sha'bi) was formed, which led to the expulsion of [[ISIS]] from Iraqi territory. | ||
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* '''Shaltut's fatwa on permission of acting based on Shia school:''' [[Mahmud Shaltut]], among [[Sunni]] [[jurist]]s and the teacher of al-Azhar University, issued a fatwa in 1378/1958, and permitted following Shia (Ja'fari sect) similar to other Sunni schools. | * '''Shaltut's fatwa on permission of acting based on Shia school:''' [[Mahmud Shaltut]], among [[Sunni]] [[jurist]]s and the teacher of al-Azhar University, issued a fatwa in 1378/1958, and permitted following Shia (Ja'fari sect) similar to other Sunni schools. | ||
== | =="Shadhdh" Fatwas== | ||
Fatwas, which are against the common view, are called shadhdh (lit. “Bizarre”) fatwa or “tafarrud al-fatwa” (“isolated fatwa”). Some of such fatwas are as below: | Fatwas, which are against the common view, are called shadhdh (lit. “Bizarre”) fatwa or “tafarrud al-fatwa” (“isolated fatwa”). Some of such fatwas are as below: | ||
* '''Purity of soulless parts of dog and pig:''' [[Sayyid Murtada]], among Shia jurists, believed that the hairs of dog and pig are not [[najis]], since they are soulless. According to [[Muhammad Hasan Najafi]], the fatwa of Sayyid Murtada was against the common view of Shia jurists. | * '''Purity of soulless parts of dog and pig:''' [[Sayyid Murtada]], among Shia jurists, believed that the hairs of dog and pig are not [[najis]], since they are soulless. According to [[Muhammad Hasan Najafi]], the fatwa of Sayyid Murtada was against the common view of Shia jurists. | ||
* '''Purity of wine:''' according to the [[ | * '''Purity of wine:''' according to the [[Muhammad Hasan al-Najafi]], some jurists including [[al-Shaykh al-Saduq]], [[Ibn Abi 'Aqil al-'Ummani]] and [[al-Muhaqqiq al-Ardabili]], issued fatwa suggesting the purity of [[Wine Drinking|wine]] and other liquid intoxicants, against the common view of Shia jurists. In ''[[Mukhtalaf al-Shi'a]]'', [[al-Allama al-Hilli]] attributed the view about [[najasa]] of wine and other liquid intoxicants to majority of Shia jurists. | ||
* '''Equality of the blood money of men and women:''' According to the fatwa of [[Ayatullah Sani'i]], the blood money of a Muslim man and a Muslim woman is equal. According to the common view of Shia jurists, the blood money of a Muslim woman is half of a Muslim man's. | * '''Equality of the blood money of men and women:''' According to the fatwa of [[Ayatullah Sani'i]], the blood money of a Muslim man and a Muslim woman is equal. According to the common view of Shia jurists, the blood money of a Muslim woman is half of a Muslim man's. | ||
==Fatwa Council== | ==Fatwa Council== | ||
Fatwa council is following a group of jurists instead of one certain jurist. In this method, the view of the majority is followed, since no [[consensus]] is possible among the jurists in all issues. | Fatwa council is following a group of jurists instead of one certain jurist. In this method, the view of the majority is followed, since no [[consensus]] is possible among the jurists in all issues. | ||
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==Istifta' Council== | ==Istifta' Council== | ||
A group of mujtahids, who study about one religious issue and give council to the [[marja']] on that issue, is called istifta' council. In answering his followers, the marja' gives his opinion to the members of the council and they give their opinion if they have any idea for perfecting that fatwa, and finally, organizing, explaining and concluding the points for giving the fatwa is upon the marja'. | A group of mujtahids, who study about one religious issue and give council to the [[marja']] on that issue, is called istifta' council. In answering his followers, the marja' gives his opinion to the members of the council and they give their opinion if they have any idea for perfecting that fatwa, and finally, organizing, explaining and concluding the points for giving the fatwa is upon the marja'. | ||