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Title: دور مقاصد الشريعة في بناء الفتيا وصيانتها من الشذوذ
Authors: Tahir Mohammad Khalifa
Journal: Pakistan Journal of Qur'anic Studies
Publisher: Islamia University, Bahawalpur
Country: Pakistan
Year: 2023
Volume: 2
Issue: 1
Language: Arabic
Summary
This study aimed to alert the nation specially the muftis of the seriousness of anomaly in the fatwa and the need to protect by the purposes of Shariah.
It relied on the analytical method in collecting information, analyzing, criticizing, and extracting its significance in order to achieve its objectives.
The anomaly means the fatwa that falls in accordance with whim and desire and contradicts the method of ijtihad and the purposes of the Sharia.
The reason, may be love of appearance, renewal, making things easier for people etc. but not meeting its regulations cause in effecting on the nation, belief, and societies, then it could result in planting doubts in law of Allah, seeds of racism, discrimination, strife and division in their societies.
For the mufti, It is not well enough to know the text, phenomenas, connotations and preferring.
Rather, he must be familiar with the purposes of the Shari’ah and then be able to deduce based on his well understanding.
Because it’s a thermometer in evaluating the judgments, rethinking into the results, judging the evidence, as well as in revealing the wisdoms and indications of texts..
The researcher recommended to establish an international entity that trains those wishing to issue fatwas and issues licenses to those who qualify for that, and coordinates with fatwa platforms in the world to guide people in a way that serves the goals of fatwas and reduces abnormalities in it.
To highlight the seriousness of anomalies in fatwas and the necessity of protecting them through the purposes of Sharia, particularly for muftis.
Analytical method for collecting, analyzing, criticizing, and extracting significance from information to achieve research objectives.
graph TD;
A["Information Collection"] --> B["Information Analysis"];
B --> C["Criticism and Significance Extraction"];
C --> D["Achieve Research Objectives"];
D --> E["Identify Anomalies in Fatwas"];
E --> F["Emphasize Role of Sharia's Purposes"];
F --> G["Formulate Recommendations"];
The study emphasizes that the purposes of Sharia serve as a thermometer for evaluating judgments, rethinking outcomes, judging evidence, and understanding the wisdom and indications of texts. It argues that a mufti's competence extends beyond textual knowledge to a deep understanding of Sharia's objectives.
Anomalies in fatwas arise from whims and desires, contradicting ijtihad and Sharia's purposes. Such fatwas can negatively impact the nation, belief, and societies, leading to doubt in divine law, racism, discrimination, strife, and division. Muftis need to understand Sharia's purposes, not just texts, to evaluate judgments, rethink results, judge evidence, and reveal wisdoms.
The study recommends establishing an international entity to train and license individuals wishing to issue fatwas, and to coordinate with global fatwa platforms to guide people and reduce anomalies in fatwas.
- The article was published in the Pakistan Journal of Qur'nic Studies, Vol: 2, Issue: 1, January - June 2023. (Confirmed by text)
- The author is Dr. Tahir Mohammad Khalifa from Islamic University, Madenah, KSA. (Confirmed by text)
- The DOI is https://doi.org/10.52461/pjqs.v2i1.1924. (Confirmed by text)
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