The foundations of the fatwa in the book (Al-Muwafaqat fi Usul Al-Shari’ah) by Al-Shatiby (T: 790 A.H.)

Document Type : Original Article

Abstract

   The discussion in this research was limited to the most important pillars of the fatwa of Imam Al-Shatibi; This is due to the presence of a strong relationship between it and the reality of the fatwa, which would contribute to raising the fatwa to a degree of influence in order to adapt to the needs of the people.
   Search this subject has shown how identified Imam Shatby in his book (approvals) components and assets that underpin the fatwa, revealing the search for the most important qualities identified by Imam Shatby that, which must be characterized by even the mufti in order to be eligible for an advisory opinion. The research proved that Al-Shatiby - in his approach - laid the scientific foundations, and identified the main pillars and legal controls of the fatwa. Those pillars were represented as follows:
 
   ** The first basis: The mufti is standing in the nation and takes the place of the Prophet - may God’s prayers and peace be upon him.
   ** The second basis: The fatwa from the mufti is obtained in terms of speech, action, and affirmation.
   ** The third basis: the invalidity of a fatwa that goes against the requirements of science.
   ** The Fourth Basis: A mufti who has reached the peak of his degree is the one who holds people to the average standard in what befits them; It does not lead them to the doctrine of distress, nor does it incline them to the edge of dissolution.

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