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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, [[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> |