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Guide To Fatwas

Posted by Fatima Jameel on April 27, 2008 – 11:26 pm

The reference article on Fatwas  has been published and can be found in the “Gorilla’s Guides For The Perplexed” permanent pages at the following address Fatwas A Brief Guide .

An extract:

Fatwas Affecting The Community As A Whole

The situation becomes more complex when the jurist is required to exercise his* judgement on matters that apply to an entire community. For example, it is generally accepted that citizens are required to give allegiance to their nation and, if necessary, to engage in war to defend its integrity and freedom. There are specialised societal agencies, the political, diplomatic, and military arms of government, to perform the assessments and carry out the tasks necessary to maintain a state’s integrity and freedom. That their job is to protect both the citizenry and the state does not empower them to issue a fatwa decreeing jihad, preparing for war, and then to escalate those preparations from a defensive posture to going on the offensive. Such decisions cannot be left solely to the arms of the state precisely because of their specialised role in society.

A religious authority empowered to issue a decree of war must consult those specialised social agencies and then exercise his judgement to clearly establish several points such as:

  • Has the point been reached where all political, diplomatic, economic, propaganda, and other peaceful alternatives been exhausted? — In other word is a recourse to military force now the only available alternative to repel aggression?
  • Has the point been reached where it is licit to take up arms against an enemy?
  • If the answer to that question is “yes” to whom, exactly, does the term “enemy” apply?  Does it apply only to enemy invading forces or does it also apply to civilians, such as diplomats and “reconstruction teams” who are their as part of the invasion?
  • Does the term “enemy” also apply to domestic forces and civilians who are assisting the invader?
  • Is it acceptable to seek the assistance of foreign fighters to help repel the invader?

* It is worth pointing out that at the time of writing (April 2008) there are female students in some of the seminaries in Qum and have been for some years now. I am in my late forties assuming a normal lifespan I expect there to be female Ayatollahs within my lifetime.

Read in full:  Fatwas A Brief Guide .

Comments are closed on that page so if you have any comments please make them here. As with all the guides we will make available as a PDF to anyone who asks for it. Usually we have the PDF ready within a day or so.

Fatima


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