تغير العرف و تأثيره في تغير الفتوى

الملخص EN

Allah had sent his prophet peace be upon him with a general mission to the whole universe , he has finished his mission ,and completed the blessing.

the completion of this mission and religion means that the Islamic law with its proprieties and branches is independent so the Muslims had dispensed with it to import other Islamic systems, also it means the continuity of this Islamic law and its existence ,stability of its rules , and inclusive of all the fields of humanity The inclusive of Islamic law does not means inclusive of all events; in other words it provide a rule to each event according to the arisen events, but it means the inclusive of its general principles and basic rules, so that the stable cases that do not change and was not influenced by state ,time ,or place has been treated by Islamic law with detailed rules and the one that can be changed was treated by general rules, it also keep the task of invention and realization of that rules to the diligent who can decide the rule of that events, this facts shows that Islamic law is productive and richer.

The rules of Islamic law have been made on the benefit that may be changed by time ,states, and customs so the rule moves from Islamic law which is suitable for a given time to another Islamic law which is more suitable.

The scientists had placed a great doctrine base : "the precise custom'' which they subdivide into rules and principles that concern its interest and completed it.

This research comes to clear out the meaning of changing formal legal opinion, fatwa, through the change of custom or tradition and its principles.

So the plan of research after this introduction includes four topics , followed by the conclusion and recommendations, the plan is as follows : -First topic: define the conceptions of this research : meaning of fatwa, customs and tradition : grammatical and linguistic meaning and meaning of changing fatwa -Second topic : Iimportance of customs and its parts - Third topic : conditions to work with customs - Fourth topic : attitude of scientists of Islamic law to the changing fatwa by changing customs and their condition in this case.

- Conclusion and recommendations .