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السياسة الشرعية وأثرها في تغير الفتوى

العنوان بلغة أخرى: Sharia Policy and its Impact on Changing the Fatwa
المصدر: مجلة البحوث الفقهية المعاصرة
الناشر: مؤسسة البحوث والدراسات الفقهية وعلوم القرآن الكريم الوقفية
المؤلف الرئيسي: ويسي، عبدالله سعيد (مؤلف)
المجلد/العدد: مج33, ع118
محكمة: نعم
الدولة: السعودية
التاريخ الميلادي: 2021
التاريخ الهجري: 1442
الشهر: يناير
الصفحات: 151 - 212
ISSN: 1319-0792
رقم MD: 1165760
نوع المحتوى: بحوث ومقالات
اللغة: العربية
قواعد المعلومات: IslamicInfo
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المستخلص: This research revolves around an important part of both the religious policy and the fatwa. This is because the legal policy is one of the most important aspects of Islamic law, as it does not stop at certain limits, but goes beyond that and includes all political and economic aspects. Therefore, it has a wide scope for diligence, as is the case for fatwa, thus, the research is based on explaining the relationship between them and the extent of the impact of the legal policy provisions on the change of the fatwa. The researcher clarifies that the legal policy does not go beyond the fact that it is the administration of the affairs of the people by the guardian in matters that have no special text in it, in which that is suitable for their affairs and their interests in accordance with the rules and purposes of Sharia. It includes all the fields and activities of the state, as well as including governance, administration, economics, judiciary, peace, and other matters decided by the state in terms of laws and rulings. In addition to its compliance with the objectives of Islamic law, its general principles and its overall rules, which are achieved to ward off corruption and bring interests. Taking into consideration that the issues of legal policies are complex issues that need to be deeply contemplated, thus, only those scholars who have gathered all the conditions that qualify them to view and consider these issues. This requires close cooperation and full communication between scholars and governors in order to reach the correct judgment for them. The change in the provisions of the Sharia policy is not a change in the definitions and constants of the rulings. Rather, it is a change in the rulings based on texts of speculative significance or evidence or on the texts according to which the ruling is changed. Islamic political jurisprudence includes two types of rulings, namely fixed political jurisprudence and changing political jurisprudence. The first is fixed and its rulings do not change. However, the second can be changed in its rulings according to the change of times and circumstances, hence, it is the focus of this research. Because these types of rulings constitute a means to achieve interests and methods of achieving them.

ISSN: 1319-0792

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