موجهات فتوى النوازل في الفقه المالكي

Abstract EN

From Maliki PerspectiveThis study is an attempt to unveil some of the most important aspects that should be taken into consideration by those who lead the FATWA in the emergent issues or calamities (Fiqh AN-Nawazel) derived and developed from Maliki doctrine manuscripts.

After scrutinizing the similar concepts and terminologies, the article concluded that Al Mofti (Fiqh advisor) of calamities or Nawazel should investigate two main things: evidences for the rulings (from Quran, Sunnah, etc.

) and pinpointing or locating the essence of ruling in similar incidents to ensure the correctness of his decision.

Moreover, the article found that fatwa in the calamities should be based on diligence, not just echoing or copying old rulings of similar incidents, therefore, coming up with new and unprecedented ruling is lawful, because calamities or Nawazel have variances which bear different rulings.