Document Type : Original Article
Author
Assistant Professor of Islamic Studies, Sohag University
Abstract
Praise be to Allah alone, and blessings and peace be upon the prophet whom there is no prophet after him,
Since the fatwa is related to the practical and applied aspect of jurisprudence in the religion of Allah, in terms of it being applications of the total theoretical and abstract rulings, on partial acts of people’s behavior and actions in worship, transactions and all other conditions, and the mufti may be corrected in it and guided to the right thing, and he may make a mistake due to his lack of knowledge. In addition, in the midst of the successive events and rapid developments imposed by scientific developments and discoveries, and thrown by social changes in various affairs of reality, the phenomenon of (bifurcation of the fatwa) increases on the one hand, and boldness and defamation of its position on the other hand. Abnormal, fake, fabricated, electronic fatwas appear….Etc.
And since the knowledge of the purposes of Sharia is of great importance in inferring jurisprudential rulings, and knowing the secrets of Islamic Sharia; Where the mujtahid resorts to it by weighting and comparing and guided by it in judging calamities and developments.
It was necessary for every mujtahid to know the intention of the Lawgiver in what he commanded or forbade, and to work on considering and activating it when issuing the ruling and fatwa, and that is until; His fatwa on calamities is disciplined, and his ruling on the matter is correct.
This research aims to warn of the danger of jurisprudence of texts in isolation from the purposes, and its impact on the anomaly of the fatwa, and to emphasize the importance of searching for the purpose of the text, and to indicate its impact on the discipline of the fatwa. In understanding the texts correctly, extracting rulings from them properly, downloading them on reality correctly, and applying them in a rational application, which will have a great impact on the integrity, rationalization, and discipline of the fatwa, and protect the mufti from mistakes and turmoil in the fatwa.
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