أثر متطلبات الزمان و المكان على الفتاواي الفقهية عند فقهاء الشيعة الإمامية و الحنفية

الملخص EN

Changing the requirements of time and place changes many jurisprudential issues, and not paying attention to it causes some fatwas that have been issued correctly by jurists in the past, to not have the expected application in the new circumstances.

Paying attention to the correspondence between the fatwa and the criterion of its legislation is one of the duties of the Mufti and has not been hidden from the view of Sunni and Shia jurists.

On the other hand, it should be noted that such a thing should not lead to perceptions of taste in the jurisprudential orders, recognizing the boundaries of change is important in this regard.

Among the Sunnis, some Hanafi jurists have paid specialized attention to this issue, and among Shias scholars, the issue of paying attention to the criterion of ruling and its effect on fatwas has long been considered.

A comparison of these two perspectives and attention to the impact of each on the other is examined in this article.