فقه النوازل و مسألة الافتاء من الائتلاف إلى الإختلاف

Abstract EN

The term Nawezel refers to questions and facts that call for a legitimate judgment; it includes all frequent or rare, old or new occurrences that need to be clarified.

It is synonymous with the term “Ftawa” and generally used by senior jurists as having the same meaning as accidents that bring people down from famine, pestilence, disasters, drought, and sedition.

It is a kind of questions and answers about issues related to the various aspects of the lives of individuals and groups (transactions, disputes, and customs), and the answers of scholars on these questions under the provisions of Sharia and Fikh of those who interpret them.

Despite its jurisprudential nature, it has an important dimension in historical studies.

It reflects through answer and question delicate, spontaneous, and innocent historical dimensions because it was not issued by official authority and it has no ideological or political dimensions.

Indeed, despite the fact that the term Fatwa existed hand in hand with fikh Nawezel, it is an inclusive term that played an important role in understanding the problems of Islamic societies since it has become possible through generations of jurists who in the framework of the doctrine and sometimes outside it, have built blocks in the legislative construction of the Islamic west.

Thus, Fatwa remains an indispensable tool for the historian.

If the first calls for custom and tradition to search an answer for a jurisprudential Nazila, the basic source of fatwa is the fundamental jurisprudence article without forgetting the interference of politics which is best exemplified in the scholars of the court.