الفتوى بين مقتضيات النصوص الشرعية ومتطلبات الأحوال الواقعية

Abstract EN

The study deals with the old, yet modern, issue of contextualizing the fatwa between the requirements of the sacred texts, and the requirements of contemporary society with its various requirements and novelties; this renders the fatwa subject to aligning with multiple considerations, methodological requirements, and flexible methods that make it adaptable to time and space, based on the circumstances of the ones charged with Islamic law.

this resulting status quo comes in to facilitate their life, their living circumstances and reality in the framework of the sharia purposes that are based on the principle of lifting wrongdoing and nurturing wellbeing, abiding by the scholars' laws; the latter have come into existence via the scholars' reaching the significance of the religious texts and their concepts.

such laws also serve investigating the purposes and objectives of sharia, taking into consideration their facilitation approach and reluctance to apply sacred texts in case of complexities or challenging life conditions.

perhaps invoking the exceptions in sharia, considering repercussions and opting for positivity frame and illustrate the importance of observing facilitation in issuing fatwa; that is the motive for my study title: "fatwa between the requirements of the Islamic law texts and of reality" to investigate the some of the issues hindering the change of the fatwa in our contemporary society from three perspectives: authenticity, illustration and implementation; the rulings and requirements of the fatwa are subject to different, simultaneous considerations, and multiple approaches the Islamic scholar needs to invoke when issuing a ruling.

this is critically needed for the ease for people, especially in our contemporary society where the fatwa is characterized by a misplaced leniency that has led to indulgence, and a misplaced severity that has led to extremism.