الإذن بالإفتاء و بتدريس الفقه قبل العصر الحديث معناه و صوره

Abstract EN

This article aims to identify and clarify the danger of working as Mufti or teacher without eligibility for such a position.

it also aims to pinpoint the meaning of permission of issuing fatwa and teaching jurisprudence, introducing its forms, the role of our previous jurists regarding the conditions of permission for these positions, demonstrating the meaning and forms of this permission.

the study employs the descriptive approach, extrapolating the conditions of the previous jurists in selecting muftis and teachers and authorizing them in these honorable positions.

the study concludes with a number of findings, the most important of which are : 1.

Clarifying the danger of issuing fatwas and teaching without qualifying for that.

2.

Statement of the meaning of permission to issue fatwas and teach.

3.

Introducing forms of permission to issue fatwas and teach.

in this, it follows the descriptive research approach, which is based on extrapolating the conditions of the advanced jurists in selecting muftis and teachers and authorizing them in these honorable positions.

among the most important findings of the research are the following : -the principle in authorizing fatwas and teaching is to look at the competence of those whom are selected for those positions without requiring extra conditions.

since this is something that is hidden from the majority of people, the people of knowledge had means by which the qualified person and others could be known.

- the permission to issue fatwas and teach has several forms, including the permission of the mufti’s sheikhs to issue fatwas and teach, and from them that the jurist is appointed by the sultan or his representative, based on the recommendation of the people of knowledge for him, and that the scholar qualifies and is independent in knowledge so that he is accepted from the people of knowledge and is famous among them for knowledge and jurisprudence.