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أسباب تغير الفتوى وضوابطه

المصدر: مجلة دار الإفتاء المصرية
الناشر: دار الافتاء المصرية
المؤلف الرئيسي: البصيلي، جبريل بن محمد بن حسن (مؤلف)
المجلد/العدد: ع 8
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2011
التاريخ الهجري: 1432
الشهر: ابريل
الصفحات: 60 - 89
رقم MD: 167171
نوع المحتوى: بحوث ومقالات
قواعد المعلومات: IslamicInfo
مواضيع:
رابط المحتوى:
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المستخلص: Praise be to Allah, Lord of the worlds and peace and blessings be upon the most noble of messengers, our Prophet Mohammed, and upon his family and all of his Companions. To proceed, this study deals with the reasons behind a change in a fatwa and principles governing such a change. This is one of the most important issues related to fatwas since it has a great impact on rulings, is related to the lawful and the prohibited; and affects interest and harm i.e. what is considered an interest that must be realized in one age may be considered a harm that must be forsaken and avoided in another and vice-versa. The issue of the change in fatwa is not absolute as some of the misconceived of this age seem to believe. Rather, it is based on specific causes-regulated with criteria and circumscribed by delineated restrictions. This study follows a scholarly methodology in the presentation and writing of its data. The introduction discusses the importance of the study and the reason behind its selection, the methodology adapted and finally, the outline. The preface introduces two issues: the first comprises definitions of terminology related to the topic, and the second comprises scholarly opinions on the reasons behind a change in fatwa. The first chapter treats the reasons behind a change in fatwa of which there are ten: customs and traditions, public welfare, changing juristic opinions, Divinely legislated politics, the corruption of the age, developments in the means and modes of living, social reality, intention, the change in the nature of a thing, and the consideration of consequences. The second chapter comprises the principles governing changes in fatwas, of which there are four: limiting the change to causes; ensuring that any change does not conflict with the foundational texts of the Shari’a and its definitive conclusions; that a change does not occur in the face of the persistence of the critical legal cause, or the realization of certain considerations, or the lack of any legal impediments; and finally a fatwa is only to be issued by scholars who are qualified to issue fatwas. The conclusion comprises the most important results and recommendations. Praise be to Allah, first and last, and peace and blessings be upon our Prophet, Mohammed and upon his family and Companions.

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