الشذوذ في الفتوى المعاصرة الناتج عن التطبيق الخاطئ لقاعدة : تغير الفتوى لتغير الزمان

Abstract EN

The Jurisprudence Islamic Rule: “Change of Fatwa based on time change” has conditions and regulations that have to be known, mastered, and recalled before the rule is applied.

Misunderstanding this rule leads to mistakes in applying it, which results in the emergence of Inconsistent Jurisprudence Opinions (Fatawa Shatha).

The owners of those Fatawa - falsely - claimed that their opinions are based on the mentioned jurisprudence rule.

This research is considered a practical application for the misunderstanding of the rule: “Change of Fatwa based on time change”.

It has been written in this recent time that is witnessing frequent fluctuations, love of fame, love of show off, aberrration in Fatwa, haste in decisions, and unqualified opinion holders.

Our great grand scholars used to refer the Fatwa to one another; because they feared the probability of falling into mistakes, although they were qualified, knowledgeable, and superior.

In this research, I explained the meaning of the mentioned rule, its evidences, and regulations.

I also mentioned examples of Jurisprudence Advice (Fatawa) that has been rightly changed according to time change from the books and opinions of Jurisprudence past and contemporary scholars, while pointing out the reasons of the change in Fatwa in every Jurisprudence Issue (Mas’ala Fiqhia).

I equally discussed some inconsistent recent Jurisprudence Opinions (Fatawa) that are claimed to be based on that rule, and I showed the inconsistency of basing those Fatawa on that rule.

In addition, I showed the need of a reason that enforces the change in the Fatwa, and how the change in the Fatwa must not contradict with the peremptory ruling and teachings of Islam, unanimity (Ijmaa), and Jurisprudence Objectives « Al Maqasid».

Applying this rule is also limited by the change in the reason on which the ruling is based on “Manat Al Hukum” in the previous Fatwa.

An example we stated is the change in traditions, customs, and the benefits that were considered in the previous Fatwa by the Islamic Ruling Authorized Interpreter (Mujtahid).

If the mentioned conditions are met, the Fatwa can be changed due to the change in the reason of the ruling.