Common Terminologies in Taqleed When we follow a particular marja'e...
Common Terminologies in Taqleed When we follow a particular marja'e, we do so through the risaalah (Articles of Islamic laws) he presents. In his presentation, he explains the Sheriat under a number of classifications. Below is a brief description of each. I. Fatwa When a mujtahid gives a Hukm (Law) where he knows that there are no doubts about its performance and has not had to resort to ehtiyat, then this law is called a Fatwa.
For example, when he says that it is waajib to wash ones face, hands and perform masah in wudhoo, then this is a fatwa. Basically, Hukm refers to that law which is definite. There are 4 ways of obtaining the verdicts of a mujtahid: i)Hearing it from the mujtahid himself. ii)When it is quoted from the mujtahid by two Adil (Just) persons. iii)When it is heard from a person whose honesty you do not doubt.
iv)Reading the mujtahid's book of masa'il (laws) provided you are satisfied by its authenticity and translation. A marja'e uses four different definitions to define a fatwa. These are : a) Strong meaning the opinion is has a strong foundation i.e. it is a definite fatwa. b) Close, that is, near to the truth. Such a statement will also be considered as fatwa. c) Clear means the opinion is apparent and can be understood from the resources given. It can be justified as fatwa.
d) Not Distant which means not very far from truth. Such an opinion can be considered as fatwa also.. II. Ehtiyate - Mustahab Occasionally, the A'lam Mujtahid observes precaution after or before giving a fatwa. His order is permissible but he expresses it as Ehtiyate-Mustahab, which means Recommended Precaution. In this case, his followers can choose not to perform that particular act. An example will help us better understand this term.
It is Ehtiyate-Mustahab that when Salaatul Jama'at is being prayed, the people in the second row should wait for those in the first row to recite their Takbir before reciting their own takbir. This means that those in the second row can chose not to wait and still pray valid Salaat. III.Ehtiyate - Waajib If a marja'e marks a fatwa as Ehtiyate-Waajib, then this means that his followers must act according to it.
If however, they have some Ishkal (Doubts) regarding it then they can follow the ruling of another Marja'e Taqleed who may be available. A case of Ehtiyate-Waajib is for example, when you find a lost item and cannot trace its owner. It is Ehtiyate-Waajib for you to give out that item in charity on behalf of the owner.