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Fatwa: Difference between revisions
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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.<ref>Sīstānī, ''Tawḍīḥ al-masāʾil'', p. 6.</ref> 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.<ref>Ḥillī, ''Maʿārij al-uṣūl'', p. 200-201.</ref> 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.<ref>Shāhrūdī, ''Farhang-i fiqh'', vol. 5, p. 644.</ref> | ||
==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.<ref>Ṭūsī, ''al-ʿUdda fī uṣūl al-fiqh'', vol. 2, p. 729.</ref> | ||
* Issuing fatwa for a person who is not competent to deduce religious rulings is forbidden. | * Issuing fatwa for a person who is not competent to deduce religious rulings is forbidden.<ref>Ṭabāṭabāʾī Yazdī, ''al-ʿUrwat al-wuthqā'', vol. 1, p. 19.</ref> | ||
* Methods of acquiring fatwas are: hearing from the mufti, being informed by two just persons, being informed by one just or trustable person, whose report bring about certainty and finding in the mufti's manual of rulings. | * Methods of acquiring fatwas are: hearing from the mufti, being informed by two just persons, being informed by one just or trustable person, whose report bring about certainty and finding in the mufti's manual of rulings.<ref>Ṭabāṭabāʾī Yazdī, ''al-ʿUrwat al-wuthqā'', vol. 1, p. 18.</ref> | ||
* There is a disagreement about the necessity of informing the followers of a mujtahid, if his fatwa changes. According to some [[jurists]], if the previous fatwa has been in agreement with precaution, informing the followers about its change is not obligatory. Some other jurists did not consider the announcement of the new fatwa obligatory for the followers; because, the previous fatwa too had been in accordance with conditions and requirements of ijtihad. | * There is a disagreement about the necessity of informing the followers of a mujtahid, if his fatwa changes.<ref>Ṭabāṭabāʾī Yazdī, ''al-ʿUrwat al-wuthqā'', vol. 1, p. 26.</ref> According to some [[jurists]], if the previous fatwa has been in agreement with precaution, informing the followers about its change is not obligatory.<ref>Ṭabāṭabāʾī Yazdī, ''al-ʿUrwat al-wuthqā'', vol. 1, p. 26.</ref> Some other jurists did not consider the announcement of the new fatwa obligatory for the followers; because, the previous fatwa too had been in accordance with conditions and requirements of ijtihad.<ref>Ṭabāṭabāʾī Yazdī, ''al-ʿUrwat al-wuthqā'', vol. 1, p. 27.</ref> | ||
* If the most learned mujtahid issues a fatwa on a topic, a person who follows him cannot act based on another mujtahid's fatwa on that topic. | * If the most learned mujtahid issues a fatwa on a topic, a person who follows him cannot act based on another mujtahid's fatwa on that topic.<ref>Banī Hāshimī Khomeinī, ''Tawḍīḥ al-masāʾil-i marajiʿ'', vol. 1, p. 19.</ref> | ||
A mufti is allowed to issue fatwa only when he is certain that he has full competence over whatever involved in deduction of the rulings. | |||
* A mufti is allowed to issue fatwa only when he is certain that he has full competence over whatever involved in deduction of the rulings.<ref>Ḥillī, ''Maʿārij al-uṣūl'', p. 201.</ref> | |||
==Terms Indicating Fatwa== | ==Terms Indicating Fatwa== | ||
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* Sayyid Murtaḍā, ʿAlī b. Ḥusayn. ''Al-Masāʾil al-nāṣirīyyāt''. First edition. Tehran: Rābitat al-Thiqāfa wa l-ʿAlāqāt al-Islāmiyya, 1417 AH. | * Sayyid Murtaḍā, ʿAlī b. Ḥusayn. ''Al-Masāʾil al-nāṣirīyyāt''. First edition. Tehran: Rābitat al-Thiqāfa wa l-ʿAlāqāt al-Islāmiyya, 1417 AH. | ||
* Shāhrūdī, Sayyid Maḥmūd. ''Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt''. Qom: Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī, 1387 Sh. | * Shāhrūdī, Sayyid Maḥmūd. ''Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt''. Qom: Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī, 1387 Sh. | ||
* Sīstānī, Sayyid ʿAlī. '' | * Sīstānī, Sayyid ʿAlī. ''Tawḍīḥ al-masāʾil''. Qom: Intishārāt-i Mihr, 1415 AH. | ||
* Ṭabāṭabāʾī Yazdī, Muḥammad Kāẓim al-. ''Al-ʿUrwat al-wuthqā''. [n.p], Maktab Ayatullāh al-ʿUẓmā al-Sayyid al-Sīstānī, [n.d]. | * Ṭabāṭabāʾī Yazdī, Muḥammad Kāẓim al-. ''Al-ʿUrwat al-wuthqā''. [n.p], Maktab Ayatullāh al-ʿUẓmā al-Sayyid al-Sīstānī, [n.d]. | ||
* Ṭūsī, Muḥammad b. al-Ḥasan al-. ''Al-ʿUdda fī uṣūl al-fiqh''. Qom: Intishārāt-i Tīz Hūsh. | * Ṭūsī, Muḥammad b. al-Ḥasan al-. ''Al-ʿUdda fī uṣūl al-fiqh''. Qom: Intishārāt-i Tīz Hūsh. | ||