Assessing the Identity of Governmental Rule and Fatwa

Document Type : Research Paper

Authors

1 Assistance professor in Yazd University

2 Assistance professor in Azad University of Najaf Abad

3 M.A. student of Jurisprudence and Islamic law in Yazd University

Abstract

Possessing three positions including Issuing Fatwas, ruling and Judgment, all Mojtaheds (highest rank in Islamic clergymen hierarchy) take different authority and power. By the first position he can Issue Fatwas in religious affairs and problems through a methodological approach in Islamic sharia. Based on the position of ruling and accumbency of Velayat (socio- political position of Mojtahed) he can determine doing or not doing Jobs with respect of expediency principle.  This accumbency operates in those affairs which are free from any Devine rules which is termed as “free zone”. In addition he can judge on disputes and hostility of peoples by the third one. Applying an analytic-descriptive method and using the first-hand documents, the paper seeks to answer this question: Are the positions of Issuing Fatwa and ruling identically independent as well as independent accumbency of Mojtaheds? In this case, the practical and scientific result of the issue will appear in the scramble and discrepancy of Fatwas and rule whereby are not the subject of present article. The authors seek to recognize the criteria of the two accumbency.
 

Keywords

Jurisprudence the Essentials of the Islamic Law
Volume 47, Issue 1 - Serial Number 1
Spring & Summer
April 2014
Pages 57-75

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