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Fatwa: Difference between revisions
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==="Obligatory Precaution" and "Recommended Precaution" are not Fatwa=== | ==="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. | "[[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']].<ref>Makārim Shīrāzī, ''Risāla-yi aḥkām barāyi jawānān'', p. 14.</ref> 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.<ref>Makārim Shīrāzī, ''Risāla-yi aḥkām barāyi jawānān'', p. 13.</ref> | ||
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.<ref>Shāhrūdī, ''Farhang-i fiqh'', vol. 1, p. 296-297.</ref> | ||
==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.<ref>Iṣfahānī Karbalāʾī, ''Tārīkh-i dukhānīyya'', p. 117-118.</ref> | ||
* '''The fatwa of Mirza Muhammad Taqi Shirazi on the obligation of jihad against Britain:''' this fatwa was issued in 1338/1919-20 and was the cause of Iraqis' uprising against British occupiers and resulted in [[Iraq]]'s deliberation from British occupation.<ref> | * '''The fatwa of Mirza Muhammad Taqi Shirazi on the obligation of jihad against Britain:''' this fatwa was issued in 1338/1919-20 and was the cause of Iraqis' uprising against British occupiers<ref>Āqā Buzurg Tihrānī, ''Ṭabaqāt aʿlām al-Shīʿa'', vol. 1, p. 263.</ref> and resulted in [[Iraq]]'s deliberation from British occupation.<ref>Faqīh Baḥr al-ʿUlūm, ''Zīyāratgāh-hā-yi Irāq'', vol. 1, p. 212.</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 1380/1960-1 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. | * '''[[Sayyid Muhsin Hakim]]'s fatwa in prohibition of joining the communist party:''' this fatwa was issued in 1380/1960-1 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.<ref>Dādfar, ''Jamāʿat al-ʿulamāʾ, iḥyāgar-i huwīyyat-i siyāsī-yi shīʿayān-i Irāq'', p. 35.</ref> | ||
* '''The fatwa of jihad against the ISIS:''' the fatwa of [[Sayyid Ali Sistani]], Iraq-based marja', which was issued in 1393/2014-5 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 1393/2014-5 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.<ref>[http://ijtihadnet.ir/%DB%B9-%D9%81%D8%AA%D9%88%D8%A7%DB%8C-%D9%85%D8%B9%D8%A7%D8%B5%D8%B1-%D8%AA%D8%A7%D8%B1%DB%8C%D8%AE-%D8%B3%D8%A7%D8%B2-%D8%A7%D8%B3%D9%85%D8%A7%D8%B9%DB%8C%D9%84-%DB%8C%DA%A9%D8%AA%D8%A7/ Nine contemporary history-making fatwas (Persian).]</ref> | ||
* '''The fatwa of prohibition of insulting revered Sunni figures:''' the fatwa was issued in 1389/2010-1 by [[Ayatollah Khamene'i]] following the insult of Yassir al-Habib to [[Aisha]], the wife of the Prophet (s), and the istifta' of Shiite scholars of al-Ahsa region of [[Saudi Arabia]]. | * '''The fatwa of prohibition of insulting revered Sunni figures:''' the fatwa was issued in 1389/2010-1 by [[Ayatollah Khamene'i]] following the insult of Yassir al-Habib to [[Aisha]], the wife of the Prophet (s), and the istifta' of Shiite scholars of al-Ahsa region of [[Saudi Arabia]]. | ||
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* Banī Hāshimī Khomeinī, Sayyid Muḥammad Ḥasan. ''Tawḍīḥ al-masāʾil-i marajiʿ''. Tehran: Daftar-i Intishārāt-i Islāmī affiliated to Jāmiʿa-yi Mudarrisīn-i Ḥawza-yi ʿIlmīyya-yi Qom, [n.d]. | * Banī Hāshimī Khomeinī, Sayyid Muḥammad Ḥasan. ''Tawḍīḥ al-masāʾil-i marajiʿ''. Tehran: Daftar-i Intishārāt-i Islāmī affiliated to Jāmiʿa-yi Mudarrisīn-i Ḥawza-yi ʿIlmīyya-yi Qom, [n.d]. | ||
* Bīāzār Shīrāzī, ʿAbd al-Karīm. ''Shaykh Maḥmūd Shaltūt ṭalāya dār-i taqrīb''. Tehran: Majmaʿ Jahānī-yi Taqrīb Madhāhib, 1385 Sh. | * Bīāzār Shīrāzī, ʿAbd al-Karīm. ''Shaykh Maḥmūd Shaltūt ṭalāya dār-i taqrīb''. Tehran: Majmaʿ Jahānī-yi Taqrīb Madhāhib, 1385 Sh. | ||
* Dādfar, Sajjād. ''Jamāʿat al-ʿulamāʾ, iḥyāgar-i huwīyyat-i sīyāsī-yi shīʿayān-i Irāq''. In Tārīkh-i Islām dar Āʾīna-yi Pazhūhish'' 24 (1388 Sh). | |||
* Fāḍil Miqdād, Miqdād b. ʿAbd Allāh al-. ''Kanz al-ʿirfān fī fiqh al-Qurʾān''. Tehran: Nashr-i Murtaḍawī, 1373 Sh. | * Fāḍil Miqdād, Miqdād b. ʿAbd Allāh al-. ''Kanz al-ʿirfān fī fiqh al-Qurʾān''. Tehran: Nashr-i Murtaḍawī, 1373 Sh. | ||
* Faqīh Baḥr al-ʿUlūm, Muḥammad Mahdī. ''Zīyāratgāh-hā-yi Irāq''. Tehran: Sāzmān-i Ḥajj wa Ziārat, 1393 Sh. | * Faqīh Baḥr al-ʿUlūm, Muḥammad Mahdī. ''Zīyāratgāh-hā-yi Irāq''. Tehran: Sāzmān-i Ḥajj wa Ziārat, 1393 Sh. | ||
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* 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. | ||
* [http://ijtihadnet.ir/%DB%B9-%D9%81%D8%AA%D9%88%D8%A7%DB%8C-%D9%85%D8%B9%D8%A7%D8%B5%D8%B1-%D8%AA%D8%A7%D8%B1%DB%8C%D8%AE-%D8%B3%D8%A7%D8%B2-%D8%A7%D8%B3%D9%85%D8%A7%D8%B9%DB%8C%D9%84-%DB%8C%DA%A9%D8%AA%D8%A7/ نُه فتوای تاریخ ساز معاصر] (Nine contemporary history-making fatwas (Persian)). Accessed: 2024/03/11. | |||
{{end}} | {{end}} | ||
{{Fiqh Terminology}} | {{Fiqh Terminology}} | ||