التعارض بين الرواية و الفتوى و أثره في اختلاف الفقهاء في الأحوال الشخصية، و المعاملات و الزينة

Abstract EN

The issue of inconsistency between the narration and the fatwa is one of the well-known issues among the fundamentalists and the jurists, and it is one of the investigations of the Sunnah according to the fundamentalists, and on which several issues are built, and it is one of the reasons for the differences of the jurists.

This is a disagreement, based on the fact that the lesson is based on his narration, as he performed what he narrated, or transmitted what he memorized, then after that he may know that this hadith that he narrated has been abrogated, or he does not have to act, or perhaps he may forget what he narrated, so he issued a fatwa with his diligence, on Contrary to what he narrated, or that his fatwas may have been before his narration, and all these matters are a matter of disagreement among the fundamentalists.

Therefore, the well-known dispute arose, which is: the lesson is what he narrated, or what he did, and it seems to me: The issues that the people of the origins mention represent this issue, They may be few, but the one who follows the opinions of the jurists, their words, and the explanations of the hadith, and the guidance they gave to this issue, will find more than that, and I was able, by the grace of God Almighty, to collect twelve practical issues of this venerable fundamentalist rule, then I discussed the jurisprudential issues.

, a comparative, non-lengthy study, because the goal is to highlight the extent of interrelationship between the fundamentalist rule and its jurisprudential The issue of inconsistency between the narration and the fatwa is one of the well-known issues among the fundamentalists and the jurists, and it is one of the investigations of the Sunnah according to the fundamentalists, and on which several issues are built, and it is one of the reasons for the differences of the jurists.

This is a disagreement, based on the fact that the lesson is based on his narration, as he performed what he narrated, or transmitted what he memorized, then after that he may know that this hadith that he narrated has been abrogated, or he does not have to act, or perhaps he may forget what he narrated, so he issued a fatwa with his diligence, on Contrary to what he narrated, or that his fatwas may have been before his narration, and all these matters are a matter of disagreement among the fundamentalists.

Therefore, the well-known dispute arose, which is: the lesson is what he narrated, or what he did, and it seems to me: The issues that the people of the origins mention represent this issue, They may be few, but the one who follows the opinions of the jurists, their words, and the explanations of the hadith, and the guidance they gave to this issue, will find more than that, and I was able, by the grace of God Almighty, to collect twelve practical issues of this venerable fundamentalist rule, then I discussed the jurisprudential issues.

, a comparative, non-lengthy study, because the goal is to highlight the extent of interrelationship between the fundamentalist rule and its jurisprudential applications.