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Fatwa: Difference between revisions
→Terms Indicating Fatwa: notes added
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'''Terms which indicate fatwa are in two forms:''' | '''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…”). | * Those which directly express fatwa such as: [[wajib]] (obligatory), [[Haram (fiqh)|haram]] (prohibited), [[makruh]] (disliked), [[mustahabb]] (recommended) and [[mubah]] (permissible).<ref>Shāhrūdī, ''Farhang-i fiqh'', vol. 1, p. 671.</ref> 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…”).<ref>Banī Hāshimī Khomeinī, ''Tawḍīḥ al-masāʾil-i marajiʿ'', vol. 1, p. 19.</ref> | ||
* 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.”) | * 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.”)<ref>ʿĀmilī, ''al-Iṣṭilāḥāt al-fiqhīyya'', p. 157.</ref> | ||
==="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']].<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> | "[[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.<ref>Shāhrūdī, ''Farhang-i fiqh'', vol. 1, p. 296-297.</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.<ref>Shāhrūdī, ''Farhang-i fiqh'', vol. 1, p. 296-297.</ref> | ||
==Historical Fatwas== | ==Historical Fatwas== | ||