المفتى به عند الحنفية)‎دراسة تأصيلية تطبيقية(

Abstract EN

bstract: This article aims to highlight one of theterms of the Hanafi jurists, related to fatwa, which Hanafi scholars took the greatestcare, and repeated in their books, which isAlmufataa bih, and how they dealt with it intheir statements and opinions, and to showthe impact of this term in correcting andweighing issues in the doctrine Hanafi.

Thisarticle has taken the method of inductionand deduction, which gives a clear pictureof how the Hanafi jurists deal with the termAlmufataa bih, then rooting this approach, with a mention of some of its applications.

The article concluded with the abundanceof Hanafi jurisprudence, and the wealth ofjurisprudence it holds, which was the reasonfor changing the fatwa, at every time andplace, from the people of knowledge anddiligence.

The article clarified the meaningof the term Almufataa bih in the Arabiclanguage and the terminology of jurists, with an explanation of the development ofthis term among the Hanafis, and showedthe impact of the term Almufataa bih in thesayings of the Hanafi jurists, and how theymade it a sign of the strength of the saying, and the validity of the opinion contained init.

The article shows the ranks of the fatwa'sterms, and what is presented of them whenthere is a conflict, with a statement that theterms of the fatwa are preceded by otherexpressions of the Hanafi School.

In conclusion, the article recommends paying attentionto an extensive study of such termscontained in the books of jurists, where itbecomes clear to the jurist, the way scholarsuse terms, and how they deal with them, and by understanding these terms, the juristcan arrive at the correct saying.