الشهرة الفتوائية عند الأصوليين

Abstract EN

Good fame is one the proofs of giving religious verdict out of comprehensive knowledge.

Ijtihad , giving religious verdict out of comprehensive knowledge, is to obtain what is thought of as religious legal verdict.

There are some types of proofs the Mujtahid makes a means for arriving at the true divine judgments and discovering them such as sunnah, tradition, unanimity and good fame.

Fame requires feeling of certainty as regards the knowledge of the fame holder of that which is incumbent.

This means that what is wanted is the opposite of the outward for sure and not proved by men of knowledge by reason of outwardness and if the reverse is not proved .This is similar to when something is said by the divine Guardian.

Thus fame means a speech that is said a lot as counter to rare speech.

Fame is of three types: 1.Narraton Fame: This means that jurists are familiar with a narration in the sense that a narrator narrates it a lot.

2.Practicical Fame: This means that the narration is famous because of common practice and taking hold of it with much frequency and reckoning to it in religious verdict, fatwa.

3.Fatwa Fame: This means that a specific fatwa is common and prevalent among jurists with evidence or without evidence without unanimity which is the subjectmatter.

This applies when the fatwa fame agrees with two contradicting cases in a clear way.

Therefore, the strength of fame is of base nature and thus it becomes incumbent to have a meaningful utterance concerning content and form.

It must not also be of external priority without regard to content.

It is known that the evidence of having a binding argument goes to the fact of its being general or its use to cover that which is famous and the cause of this belongs to its being a non-binding argument .

Therefore, if fame reaches this unanimity then it is a binding argument and not fame.