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Fatwa: Difference between revisions

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In [[jurisprudence|jurisprudential]] references, the rulings regarding fatwa are discussed in the chapter of [[ijtihad]] and [[taqlid]].<ref>Shāhrūdī, ''Farhang-i fiqh'', vol. 5, p. 644.</ref>
In [[jurisprudence|jurisprudential]] references, the rulings regarding fatwa are discussed in the chapter of [[ijtihad]] and [[taqlid]].<ref>Shāhrūdī, ''Farhang-i fiqh'', vol. 5, p. 644.</ref>


=== 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:


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*'''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 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>
*'''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, [[Al-Sayyid Muhsin al-Hakim|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 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 Takfiris. Following the issuance of this fatwa, the [[The Popular Mobilization Forces|Popular Mobilization Forces]] 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 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 Takfiris. Following the issuance of this fatwa, the [[The Popular Mobilization Forces|Popular Mobilization Forces]] 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>
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