Fatwa Methodology In Emerging Issues (Fundamentalist Study)

Abstract

The fatwa is one of the important and necessary matters in our tolerant Sharia, and it is one of the tasks that fall on the shoulders of the mujtahid when he lacks a fatwa on new and emerging issues, in which there is no text or saying, especially since we hear and witness every day the technological development that takes place in various issues of life. Such as electronic means of communication, the Internet, digital currencies, and the governance of the joints of society, and this resulted in the emergence of legal problems, the position of the legislator must be stated about them or their rulings. Therefore:

The problem lies in the fact that these innovations are devoid of legal rulings, and from here it was necessary to draw up a systematic study showing the way to identify the rulings related to those matters by the requirements of the legal principles and rules.

As for the aim of the study, it is to prepare a curriculum through which it is possible to stand on the ruling of the calamity, which did not come with a legal ruling, and then to stand on a ruling that does not contradict the rules and Sunnahs of the the Shari’a.

In the study, I relied on the analytical method, so I dealt with the specific pronunciation of the subject of the study, so I knew it linguistically and idiomatically, and inferred it from the original references, and after that, I referred to the sayings of the scholars to support what is more likely than them, after I explained it with analysis and dealt with it with documentation.

The results of the study can be summarized in three things:

1. Determine the methodology that must be followed and observed by the questioner when ruling on the calamity.

2. Accurate understanding and true knowledge of the Shari’a rules and evidence related to the conditions and circumstances of the calamity by the requirements of Shari’a.

3. The ability to derive the provisions of calamities.

What is related to the recommendations is the obligation to adhere to the legal regulations, especially what the research study concluded to avoid falling into a spiral of opinion, and not to turn away from those controls because turning away from the spoils disturbs the religious and worldly matters of the mufti and the questioner.