Fatwa: Difference between revisions

'''Fatwā''' (Arabic: {{ia|فتوا}}) is the opinion of a [[mujtahid]] or a [[marja']] on religious [[obligation]] of [[mukallaf]] people deduced from the four sources of argument (the [[Qur'an]], [[conduct of the Prophet (s)]], [[consensus|consensus of jurists]] and [[intellect]]). According to the view of [[Shia]] [[jurist]]s, a person who issues fatwa should be just, [[Twelver Shi'i]], [[A'lamiyya|a'lam]] (the most learned mujtahid), of legitimate birth and familiar with the ways and sciences necessary for deduction of rulings.

Fatwa is usually expressed with the terms: [[wajib]] (obligatory), [[Haram (fiqh)|haram]] (prohibited), [[makruh]] (disliked), [[mustahabb]] (recommended) and [[mubah]] (permissible). Sometimes for stating the fatwa, the following expressions are used: “aqwa an ast…” (“It is more strongly believed that…”), “bana bar aqwa…” (“based on a stronger view…”) and “azhar an ast…” (“It is more obvious that…”). Among the ways to access the fatwa of a mujtahid is to hear it from the mufti, being informed of by two just persons or one trustable person whose report brings about certainty as well as finding it in the mujtahid's [[manual of religious rulings]].

Fatwa is the expression of the mujtahid's opinion on a religious ruling for informing his followers.<ref>Markaz-i Iṭilāʿāt wa Madārik-i Islāmī, ''Farhangnāma-yi usūl-i fiqh'', p. 600.</ref> Asking the jurist's opinion on a religious issue is called "istiftaʾ" [religious inquiry].<ref>ʿAmīd, ''Farhang-i ʿAmīd'', under the word "Fatwa''; Sajjādī, ''Farhang-i maʿārif-i Islāmī'', under the word "Istifta'".</ref> The one who issues fatwa is called a "mufti" and the person who receives the fatwa is called "mustafti".<ref>Shāhrūdī, ''Farhang-i fiqh'', vol. 5, p. 644.</ref>

==Difference between Fatwa and Hukm [Ruling]==

'''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.<ref>Makārim Shīrāzī, ''Dāʾirat al-maʿārif-i fiqh-i muqārin'', vol. 1, p. 437.</ref>

* In fatwa, matching the religious ruling with the case and determining its subject is upon the [[mukallaf]], but matching the hukm with the case is upon the ruler, not mukallafs; such as the ruler's hukm about the [[sighting the crescent]] of the [[month of Ramadan]].<ref>Khoeī, ''Mabānī takmilat al-minhāj'', vol. 1, p. 3.</ref>

* A mujtahid's fatwa is a binding proof only for his own followers; but, the religious ruler's hukm is not restricted to followers and is binding for all people;<ref>Makārim Shīrāzī, ''Dāʾirat al-maʿārif-i fiqh-i muqārin'', vol. 1, p. 437.</ref> and even another mujtahid who is more learned than the [[religious ruler]] should follow his hukm as well.<ref>Ṭabāṭabāʾī Yazdī, ''al-ʿUrwat al-wuthqā'', vol. 1, p. 23; Gharawī Tabrīzī, ''al-Ijtihād wa l-taqlīd'', vol. 1, p. 388.</ref>

* '''The Qur'an:''' about 500 [[verses]] of around 6 thousand verses of the Qur'an (about one thirteenth) are about religious rulings.<ref>Fāḍil Miqdād, ''Kanz al-ʿirfān fī fiqh al-Qurʾān'', vol. 1, p. 5.</ref> However, according to the view of [[Muhammad Hadi Ma'rifat]], deduction of religious rulings is not limited to these 500 verses.<ref>Maʿrifat, ''Tafsīr wa mufassirān'', vol. 2, p. 228.</ref>

* '''Tradition:''' which includes the speech, act and silent of the [[Infallible Ones (a)]] [indicating their approval].<ref>Muṭahharī, ''Kullīyāt-i ʿulūm-i Islāmī: usūl-i fiqh wa fiqh'', vol. 3, p. 17.</ref> 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.<ref>Markaz-i Iṭilāʿt wa Madārik-i Islāmī, ''Farhangnāma-yi usūl-i fiqh'', vol. 1, p. 131.</ref>

* '''Consensus:''' It is agreement of religious scholars over an issue.<ref>Muṭahharī, ''Kullīyāt-i ʿulūm-i Islāmī: usūl-i fiqh wa fiqh'', vol. 3, p. 20.</ref> In the view of Shi'a, consensus is binding if it indicates the view of the Prophet (s) or Imams (a). <ref>Gurjī, ''Tārīkh-i fiqh wa fuqahā'', p. 68.</ref>

* '''Intellect:''' Intellectual reason or rule by which acquisition of a shar'i ruling becomes possible.<ref>Kalāntarī, ''Maṭāriḥ al-anẓār'', vol. 2, p. 319.</ref> However, [[Akhbarism|akhbari]] people do not consider intellect as a valid source for deduction of shar'i rulings.<ref>Muṭahharī, ''Kullīyāt-i ʿulūm-i Islāmī: usūl-i fiqh wa fiqh'', vol. 3, p. 22.</ref>

* 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.<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.<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.<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.<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.<ref>Ḥillī, ''Maʿārij al-uṣūl'', p. 201.</ref>

* 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.”)<ref>ʿĀmilī, ''al-Iṣṭilāḥāt al-fiqhīyya'', p. 157.</ref>

* '''[[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<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>

* '''[[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.<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]].<ref>[https://ar.mehrnews.com/news/1161721/%D9%82%D8%A7%D8%A6%D8%AF-%D8%A7%D9%84%D8%AB%D9%88%D8%B1%D8%A9-%D9%8A%D8%AD%D8%B1%D9%85-%D8%A7%D9%84%D9%86%D9%8A%D9%84-%D9%85%D9%86-%D8%B1%D9%85%D9%88%D8%B2-%D8%A7%D9%87%D9%84-%D8%A7%D9%84%D8%B3%D9%86%D8%A9-%D9%88-%D9%8 The leader of the Islamic revolution forbids attacking the symbols of the Sunnis and the wives of the Prophet (s) (Arabic).]</ref>

* '''Shaltut's fatwa on permission of acting based on Shia school:''' [[Mahmud Shaltut]], among [[Sunni]] [[jurists]] and the teacher of al-Azhar University, issued a fatwa in 1378/1958-9, and permitted following Shia (Ja'fari sect) similar to other Sunni schools.<ref>Bīāzār Shīrāzī, ''Shaykh Maḥmūd Shaltūt ṭalāya dār-i taqrīb'', p. 171.</ref>

* '''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.<ref>Sayyid Murtaḍā, ''al-Masāʾil al-nāṣirīyyāt'', p. 100.</ref> According to [[Muhammad Hasan Najafi]], the fatwa of Sayyid Murtada was against the common view of Shia jurists.<ref>Najafī, ''Jawāhir al-kalām'', vol. 5, p. 331.</ref>

* '''Purity of wine:''' according to the [[Muhammad Hasan al-Najafi]], some jurists including [[al-Shaykh al-Saduq]], [[Ibn Abi 'Aqil al-'Ummani]]<ref>Najafī, ''Jawāhir al-kalām'', vol. 6, p. 3.</ref> and [[al-Muhaqqiq al-Ardabili]],<ref>Muqaddas Ardibīlī, ''Majmaʿ al-fāʾida wa l-burhān'', vol. 1, p. 310.</ref> 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.<ref>Ḥillī, ''Mukhtalaf al-Shīʿa'', vol. 1, p. 472.</ref>

* '''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.<ref>Ibrāhīm Nizhād, Muḥammad. ''Barrasī wa naqd-i adilla-yi naẓarīyya-yi Āyatollāh Ṣāniʿī dar barābarī-yi dīya-yi zan wa mard-i musalmān'', p. 5.</ref> According to the common view of Shia jurists, the blood money of a Muslim woman is half of a Muslim man's.<ref>Najafī, ''Jawāhir al-kalām'', vol. 43, p. 32.</ref>