Fatwa

Fatwā refers to the jurisprudential opinion of a Mujtahid concerning various religious rulings (*sharʿī*) for their followers (*muqallidīn*). Imam Khomeini, in his capacity as a source of emulation (*Marja'*), issued fatwas on numerous occasions. These fatwas were derived through the inference (*istinbāṭ*) from Islamic sources, taking into account the exigencies of time and place. Furthermore, in his role as the religious and Islamic ruler, he issued a multitude of decrees (*aḥkām*).

Adherence to both a fatwa and a decree is obligatory (*wājib*), yet they exhibit distinct differences, particularly regarding their scope of inclusion and authority. A fatwa articulates a general ruling for all the followers of a specific mujtahid. Conversely, a decree is a specific command issued by the ruler to perform or refrain from a particular action, and it is binding upon all individuals addressed by that decree.

Conceptual Analysis

"Fatwa" signifies the expression and declaration of a mujtahid's opinion regarding a religious ruling for the awareness of their followers. The act of requesting a jurist's (*faqīh*) opinion on a religious matter is termed *istiftāʾ*. The one issuing the fatwa is called a *muftī*, and the one seeking it is known as a *mustaftī*.

"Decree" (*ḥukm*) is divided into two categories: judicial (*qaḍāyī*) and governmental (*ḥukūmatī*). A judicial decree is a ruling issued by a judge to resolve a dispute. A governmental decree refers to the commands, prohibitions, appointments, and dismissals enacted by the Islamic ruler in his capacity of leadership and governance. *Jawāhir al-Kalām* defines a governmental decree as the issuance of a ruling by the Islamic ruler concerning matters related to the public interests of Muslims.

The Distinction between "Fatwa" and "Opinion and View"

The differences between a "fatwa" and the "opinion and view" (*raʾy wa naẓar*) of a mujtahid are as follows:

• 1. Whatever a mujtahid deduces during the process of inferring secondary religious rulings is considered their "opinion and view." However, the expression and articulation of this opinion for their followers is termed a "fatwa."
• 2. To issue a fatwa, a mujtahid must possess the specific qualifications for issuing verdicts (*iftāʾ*); these conditions are not mandatory merely for holding an opinion and view.
• 3. When issuing a fatwa, a mujtahid considers specific interests and circumstances that might not be factored into a mere opinion. This includes the particular conditions of the posed question, the specific subject matter, or the spatio-temporal context of the society where the question arose, ensuring that no corrupt consequence (*mafsada*) follows from it.

The Difference Between Decree and Fatwa

Jurists differentiate between a decree and a fatwa in several ways:

1. A fatwa belongs to the category of "reporting" (*ikhbār*)—reporting a divine ruling—whereas a decree belongs to the category of "origination" or "enactment" (*inshāʾ*). This means a decree, qua decree, is an objective reality. More clearly, a fatwa states a general religious ruling without applying it to a specific instance. A decree, however, encompasses not only the aspect of the ruling but also its application to a specific case, representing the prescriptive and executive dimension of the matter.

2. Due to its general nature, a fatwa does not consider the specific circumstances and interests of individual duty-bound persons (*mukallafīn*). Conversely, because a decree is specific, circumstantial, and particular, it takes into account and observes the conditions and interests of specific individuals or legal entities, whether the decree is judicial, political, or social.

3. The scope of a fatwa is generally limited and relative, whereas the scope of a decree is absolute. This means a fatwa is only binding upon the followers of the specific issuing marja' and serves as religious proof (*ḥujjat-i sharʿī*) only for them. In contrast, the decree of the Islamic ruler is a valid religious proof and mandatory to follow for all people, followers of all jurists and marjas, and even for other jurists and marjas themselves, as long as its error is not definitively proven. Even another mujtahid who is more knowledgeable (*aʿlam*) than the religious ruler must comply with the ruler's decree.

The Authority and Validity of a Fatwa

A fatwa possesses religious authority (*ḥujjiyya*) only if it is grounded in valid religious proofs, such as the Book of God, the Sunnah, and other recognized evidences and sources. Otherwise, acting upon it is forbidden (*ḥarām*). Consequently, a fatwa based on invalid religious grounds, such as analogy (*qiyās*) or juristic preference (*istiḥsān*), lacks authority, and acting upon it is prohibited.

Qualifications of a Mufti

Specific conditions are outlined for a mufti and marja'. They must be a scholar (*ʿālim*), a mujtahid, just (*ʿādil*), and possess piety (*waraʿ*) in the religion of God. Furthermore, as an obligatory precaution (*iḥtiyāṭ-i wājib*), they must not be inclined towards worldly matters or covetous of worldly wealth and status. A tradition states: "Whichever jurist is in control of his soul, guards his religion, opposes his base desires, and obeys the command of his Master, it is permitted for the common people to emulate him."

Rulings Related to Fatwas

Some of the rulings pertaining to fatwas include:

It is not permissible for someone who possesses the ability to independently infer religious rulings to refer to a mufti and emulate them.

It is forbidden for an individual lacking the capacity to deduce religious rulings from the sources to issue a fatwa. Imam Khomeini did not append any marginal note to this issue in *Al-Urwat al-Wuthqā*, indicating his acceptance of the text.

If a follower emulates someone who is not qualified to issue fatwas and subsequently realizes this, they must shift their emulation (*ʿudūl*). If they emulate someone who is not the most knowledgeable (*aʿlam*), or if they emulate the most knowledgeable but another later surpasses him in knowledge, the obligatory precaution in both scenarios is to shift emulation to the most knowledgeable jurist in matters where they know a detailed difference of opinion exists between the two.

Anyone who incorrectly transmits the fatwa of a mujtahid is obligated to inform the person to whom it was transmitted. Furthermore, if possible, they must rectify the error.

Methods of Obtaining a Fatwa

A mujtahid's fatwa can be ascertained through four methods:

• First, hearing it directly from the mujtahid themselves;
• Second, hearing it from two just individuals (*ʿādil*) who transmit the mujtahid's fatwa;
• Third, hearing it from a person whose truthfulness inspires confidence and trust;
• Fourth, reading it in the mujtahid's treatise (*risāla*), provided one is confident in the accuracy of that treatise.

If two individuals transmit a mujtahid's fatwa contradictorily, according to the stronger opinion (*aqwā*), both transmissions lose their authority, regardless of whether the transmitters are equally reliable or not. In this case, if consulting the mujtahid or their treatise is impossible, one must act according to the transmission that aligns with precaution, or act based on precaution itself.

If a mujtahid's fatwa changes, there is a difference of opinion regarding the obligation to announce this change to the followers. According to some jurists, if the previous fatwa was in accordance with precaution, announcing the change is not obligatory. Some have stated that if it contradicts precaution, precaution dictates announcement, and indeed, announcement is not devoid of strength. Others have deemed the announcement of the new fatwa non-obligatory because the previous fatwa was also presented according to the conditions and standards of independent reasoning (*ijtihād*).

Terminology Indicating a Fatwa

From a jurisprudential perspective, the terms expressing a fatwa fall into two categories:

First, words and expressions that directly constitute a fatwa: such as obligatory (*wājib*), forbidden (*ḥarām*), reprehensible (*makrūh*), recommended (*mustaḥabb*), and permissible (*mubāḥ*). Additionally, phrases like "the stronger opinion is" (*al-aqwā*), "based on the stronger opinion" (*bināʾan ʿalā al-aqwā*), "the most apparent is" (*al-aẓhar*), "it is not remote" (*la yabʿud*), "it is not devoid of strength" (*lā yakhlū min quwwa*), and "the precaution is the stronger opinion" (*al-aḥwaṭ aqwā*) are considered fatwas.

Second, expressions that carry the legal force of a fatwa: such as "it is not remote, but the issue is problematic," "it is a precaution, although it is not the stronger opinion," "it is not devoid of merit," "it is problematic, although not far from being correct," and "it is possible to hold this opinion, but it is not without difficulties." In these instances, a follower may not refer to another mujtahid.

Obligatory and Recommended Precaution

In jurisprudential terminology, "obligatory precaution" (*iḥtiyāṭ-i wājib*) and "recommended precaution" (*iḥtiyāṭ-i mustaḥabb*) are not fatwas. An obligatory precaution occurs when the term "precaution" is explicitly accompanied by the modifier "obligatory," or when it is an absolute precaution unceded or un-followed by a contrary fatwa. An obligatory precaution requires adherence. This happens when a mujtahid, despite examining the religious proofs, has not reached a definitive legal ruling on an issue and has not issued a fatwa, yet deems precaution necessary. An example is the doubt regarding whether a full prayer (*tamām*) or a shortened prayer (*qaṣr*) is obligatory; the obligatory precaution is to perform both. Another example concerns the wearing of the two garments of Ihram for men; the obligatory precaution is to wear them before forming the intention for Ihram and reciting the Talbiyah. If worn after the Talbiyah, the precaution is to repeat the Talbiyah. In cases of obligatory precaution, the follower's duty is to do one of two things: either act according to the precaution, or refer to the fatwa of another mujtahid who is lower in scholarly rank than the most knowledgeable (*aʿlam*) mujtahid but higher than others.

However, in a recommended precaution, the mujtahid has reached a conclusion and issued a fatwa, but has additionally indicated a path of precaution. The follower may choose to act upon either the mujtahid's fatwa or the precaution, and they may not refer to another mujtahid. An example is this ruling: "An impure vessel becomes pure if washed once in Kurr water, although the precaution is to wash it three times."

A recommended precaution occurs when the term "precaution" is accompanied by the modifier "recommended" or another indicator of recommendation, such as "it is better and more cautious to do such-and-such" (*al-awlā wa-al-aḥwaṭ kadhā*). It can also be an absolute precaution that is preceded or followed by a contrary fatwa. For instance, stating that the precaution is to recite the *Tasbīḥāt al-Arbaʿa* three times, even though once is sufficient. Or stating the precaution after giving this fatwa. In a recommended precaution, acting upon the precaution is praiseworthy but not mandatory, and there is no allowance for referring to another mujtahid.

Anomalous and Rare Fatwas

A fatwa that contradicts the renowned (*mashhūr*) opinion of jurists is termed an anomalous opinion (*qawl-i shādhdh*), an anomalous fatwa, or a "rare fatwa." For instance, al-Sayyid al-Murtaḍā, a Shia jurist, believed that the hair and bones of dogs and pigs, being inanimate parts, are not impure (*najis*). However, al-ʿAllāma al-Ḥillī, Muḥammad Ḥasan al-Najafī (author of *Jawāhir al-Kalām*), and other jurists considered this fatwa contrary to the renowned opinion of Shia jurists. Also, according to the author of *Jawāhir*, some jurists like al-Shaykh al-Ṣadūq, Ibn Abī ʿAqīl al-ʿUmmānī, and al-Muḥaqqiq al-Ardabīlī issued fatwas declaring wine and intoxicants to be pure, contrary to the renowned opinion of Shia jurists. In his book *Mukhtalaf al-Shīʿa*, al-ʿAllāma al-Ḥillī attributed the impurity of wine and intoxicants to the renowned opinion of Shia jurists.

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