منهج الفتوى في النوازل المستجدة عند الإمام محمد الطاهر ابن عاشور

Abstract EN

Through this research, I intended to highlight the methodology of Sheikh Muhammad Al-Taher Ibn Ashur in his answers to the new facts of his time, due to the importance of answering these facts in our time, which always need us to have sober scientific answers in which we simulate the approach of our scholars, may God have mercy on them.

The problematic question that came to my mind in this matter was: To what extent is it possible for ijtihad in the facts and developments of our time, according to the methodology that our ancestors used to strive for? Could these facts and developments regarding fatwas issued by our scholars in the past century be similar to the facts and developments of our time? These developments are limited to three models, the first relating to the ruling on reading the Qur’an on the radio, as it is one of the modern technologies and means emerging in the era of Sheikh Ibn Ashur, and the legal questions that accompany this reading related to the reader himself and his listeners who are in different situations and situations, and the second concerns the issue of naturalization.

That appeared in the era of Sheikh Ibn Ashour during the French colonization of Tunisia.

As for the third incident, it related to the developments of the Salafi call in Tunisia, and what appeared with it from the jurisprudential questions, and among them were what was asked to Sheikh Ibn Ashour about the ruling on reading the Qur’an at the funeral? Through these three developments, and the steps taken by Sheikh Ibn Ashour, and the methods of his evocation of texts and legal rules and others, we conclude in the end a set of broad outlines that characterize the approach of Sheikh Ibn Ashur in his treatment of new developments and emerging facts that students of Sharia sciences cannot do except that They follow it and train on it to address the issues of their time and the issues of their environment.