فهرست مطالب محمد قائنی نجفی

One of the challenges facing the legislative system concerning lawmaking is that the law is in conflict with some fatwas of Shiite jurists. Under this issue, another issue called "standard fatwa" is raised, which has been discussed from the point of view of jurisprudence since the introduction of modern law to the Islamic world. Just as this topic was the place of discussion among jurists during the constitutional period, it has also been taken into consideration in this current era and in the legislative process of the Islamic Republic of Iran, with many opinions and theories having been invented around it. Presenting a legitimate and efficient theory about "standard fatwa" can solve some of the existing challenges of the legislative system and help facilitate the legislative system. In this article, which relies on library resources and analytical-ijtihad method, four points of view are presented. Two views are extracted from the words of Sayyid Muḥammad Kāẓim Yazdi, and the third view is the theory offered by Martyr al-Sayyīd Muḥammad Bāqir al-Ṣadr, a theory which has been criticized by the succeeding generation of scholars. Finally, the preferred point of view is explained based on the accepted narration transmitted on the authority of ʿUmar b. Ḥanẓala and marfūʿa tradition of Zurāra. In this theory, "famous contemporary fatwa" aims to provide a solution for the legitimate analysis of "standard fatwa".