________________________________________________________________________ | w w w |\ | || || | || |\ | o_,_7 _|| . _o_7 _|| 4_|_|| o_w_, |\ | ( : / (_) / ( . |\ | |\ | || || | || |T | | || | |\ | . _, _8 |_D_|| . _,_,_,_D_|| 4_|| q ]_o_7_o _|_c 4_|_|| _|,_p q |\ | (_): / (_): . : / (_S (_S / |\ | |\ | In the Name of Allah, the Compassionate, the All-Merciful |\ | Greeting of Allah be upon Muhammad and the pure members of his House |\ |_______________________________________________________________________|\ Salaamun 'Alaykum The following question was answered by Mulla Bashir Rahim. Fee Amaanillah, Akil Karim Moderator - 'Aalim Network ---------- Forwarded Message ---------- QUESTION: What are extent and implications of the recent ruling of Ayatullah Seestani on the speeches and writings of Dr. Abdul Aziz Sachedina? ANSWER: Ayatullah Seestani's ruling with regard to Dr Sachedina is not just a fatwa. It is a hukm of general application and would apply to both his muqallids and non-muqallids. We have to appreciate that on the face of it, the hukm relates to one scholar and all the mu'mineen "are enjoined to refrain from inviting him for lecturing at religious gatherings, and not to approach him for seeking answers to questions pertaining to belief." However, taking into account the genesis of the ruling, it would apply in relation to any person who makes use of the minbar (pulpit) and then to impose his own personal views on the aqaaid and shari'ah, and thus attempt to destabilise the beliefs of his audience. Furthermore, such rulings are like judgments in a case, and therefore remain valid even after the death of the mujtahid. People like me who are entrusted by the community with their religious education must ensure that we never attempt to mislead them. We have to follow the path trodden by eminent scholars and not to bring about confusion to issues relating to aqaaid and shari'ah. We also have to ensure that the questions of ijtihaad and taqlid are properly understood and that we do not ever cast slur on the integrity or knowledge or authority of the fuqaha for any personal agenda. I trust that I have responded to your question comprehensively. If there are any questions please refer to the 'Aalim Network. With salaams and dua's and with a request to remember me in your duas, Bashir Rahim ============================================= Also, in "The Message of Thaqalayn," a quarterly journal of Islamic Studies, Vol 4 No.1 Spring 1998/1418, the difference between Fatwa and Hukm has been extensively dealt with by Muhammad Sadiq Mazinani. I quote three paragraphs from it: QUOTE Fatwa, as termed by the jurists, is stating of a view by a faqih in religious and related matters on the basis of divine sources, while hukm is issued by the hakim (supreme religous leader or ruler) for implementation of religious decrees and compulsion on performance or avoidance of an action for any best reason. Therefore Fatwa and Faqih are different from Hukm and Hakim. The relation between people and jurist is the relation of a specialist or skillful person with non-specialists or lay persons and nothing more. But the people's relation with the ruler is the relation of the Ummah with the Imam. The faqih, thus possessing qualifications of leadership is the hakim and the leader of the Ummah. The territory of a faqih's fatwa is confined to himself and his followers and is not binding on other fuqaha. However, the hukm of a hakim is not only to be followed by other fuqaha, but is also binding even if it does not coincide with their own fatwa. Therefore in matters of contradiction, the hukm has the priority over fatwa. UNQUOTE It is also understood that the historic ruling of prohibiting Tobacco issued by Ayatullah Mirza Shirazi was a Hukm as was the most recent one issued by Ayatullah Khomeini on Salman Rushdie.