متغيرات الفتوى بين النقد و التأصيل في ضوء القواعد الفقهية و المستجدات المعاصرة : دراسة فقهية تأصيلية مقارنة

الملخص EN

The Fatwa is regarded as telling a legislative judgment without obligation, and application of it in reality.

The Fatwa is governed by five binding provisions according to the changing situations.

The constants of the Sharia judgment do not change according to time, place, and situation.

The variables of Sharia, however, are the ones that change according to interest, place and time.

Some scholars have criticized the Fatwa variables, and do not know that the change in Fatwa is a change in terms of governance and that is not change in Sharia, so Islamic scholars have put standards for the change in Fatwa.

This is due to the fact that the change in Fatwa is in terms of variables and subsidiary elements and not in terms of constants.

The present study comes as a response to all these factors, which clearly show the flexibility of Islamic jurisprudence and highlights the role of collective effort to address changes in contemporary innovations.