أثر تغير الفتوى في معالجة المستجدات بين الشريعة و القانون : دراسة أصولية فقهية مقارنة

Abstract EN

Study summary: After wandering with the research process inexcavating the impact of changing the fatwa inSharia and law, we conclude with the conclusionwith the most important results and the proposedrecommendations.

According to the rulesand controls that are safe for those who adoptedit, embodied in the effect of the legal fatwa onchanging the judicial ruling with what the fundamentalistsand jurists have approved, as hasbeen the case with them throughout the ages.

Since communication takes place between thegenerations of the nation always in extrapolatingthe evidence and the sayings of the eminentimams, what made the path easier for contemporarypeople from the people of fatwa and judiciaryin rulings, yes it is a rank that can onlybe achieved by those who are singled out withwisdom and inspiration.

This is the realism that every generation aspiresto keep pace with the changes of time, while preserving the principles of Sharia, theprinciples of fatwa, the judiciary, and the laws ofobligation.

For the former good.

I summarize the most important results andrecommendations before concluding, the mostimportant of which are: That between Sharia and the law with regardto fatwas is a participatory matter in dealing withdevelopments, and staving off the general afflictionif harm spreads, as in taking the opinion of thepublic to appreciate the word (ruling) in an era inwhich the scourge of alcohol abuse and causing itsusers to delirium without knowing that it was utteredwith what ends a contract family.

Likewise, the difference between the fatwaand the judiciary, where the confusion betweenthe two concepts as they are different, so the fatwais a renewed information about the ruling thatis not binding, and the judiciary is a binding rulingon a case that is not renewed for its conclusion, so the mufti has neither the right to judgenor the judge to issue fatwas.

It also includes: the fact that the fatwa is realisticin dealing with issues that are at the heartof people's dealings, such as devotional mattersand family issues such as marriage, divorce andinheritance And expiations and others, whichneed a fatwa to clarify according to the renewalof custom and the change of hundreds of texts.

As for the recommendations, they can besummed up by activating the Dar al-Iftaa andgiving it a legal basis by the authority so that itis approved in the fatwa, and to prevent confu sion in this matter that touches the interests of thepeople.

Since the law refers to many legitimate issues, it is necessary to organize these issues inthe form of a law that is approved by the competentauthorities to enable them and not to adoptdifferences of opinions on the issue in order toprevent harm to the interests of those to whom itapplies.

The faculties of Sharia and law must alsoadopt the fatwa and judicial curricula to be of assistancein spreading the most important sectionof science and one of the most important qualificationsthat must be available to graduates ofthose universities.

And before concluding, this is the effort ofthe mind, and if you succeed in it, then it is fromGod the grace and favor.