Fatwa between Stability and Change and its Applications in Islamic Law (A Scientific and Applied Study)

Authors

  • Khisul Mulk Siddiqi PhD Student, Faculty of Shariah and Law, International Islamic University, Islamabad, Pakistan.
  • Dr. Naveed Altaf Khan Lecture, Dawah Academy IIU, Pakistan

DOI:

https://doi.org/10.33195/journal.v5i1.401

Abstract

The existence of a fatwa and a mufti is essential for an Islamic society. This is because the sources and texts of Islamic jurisprudence are limited, while the problems faced by Muslims are increasing day by day. Therefore, it is the responsibility of a Mufti to inform the people about new issues in the light of the Shari'ah rules. On the other hand, one of the attributes that a mufti must possess is that he should be fully aware of the conditions and revolutions of the time, because it is an established principle that there is always a chance to make a change in Fatwa in accordance with the change in time, place and circumstances. It is important to clarify here that all the provisions of the Shari'ah are not changeable. Rather, it refers only to those rules which are changeable and not prescribed by Quran and Hadith.  Therefore, it is necessary to  figure out the principles and  limits under which the fatwa may be changed. How the mujtahids of the first century faced this problem, what are the rules and regulations that must be observed while changing fatwa and who has the authority and why? The following article attempts to answer these questions.

Published

2021-12-27