RESOLUTION
N 104 (7/11)
ON
WAYS OF MAKING USE OF NAZILAHS (FATWAS)
Quote
- The Council of the Islamic Fiqh Academy, emanating from the
Organization of the Islamic Conference, in its 11th session held
in Manama,
Bahrain, on 25-30 Rajab 1419H (14-19 November
1998),
Having examined the research papers presented to the
Academy in connection
with the issue of "Ways of making use
of Nazilahs (Fatwas)", and having
listened to the
discussions which took place about it,
RESOLVES:
1.
Making use of the heritage of Fiqh fatwas (Nazilahs) of all their
forms in finding solutions to contemporary issues, whether in
connection
with the methodology of fatwa in the light of the
general rules of Ijtihad
(personal reasoning), Istinbat
(inference), takhreej (interpretation) and
Fiqh rules, or in
connection with Fiqh branches which Faqeehs (scholars of
Fiqh)
had previously dealt with issues similar to them in practical
applications in their times.
2.
Editing the most important Fiqh books, and reviving the auxiliary
Fiqh books, such as "Al-Tanbihat 'ala Al-Mudawwanah" by
Al-Qadi lyadh,
"Al-Barnamaj" (The Programme) of Sheikh
'Adhoom, "Fatawa" by Al-Imam
Al-Ghazali, "Taqweem
Al-Nadar" by Ibn Al-Dahhan, and books on the Malikite
school
of Fiqh and its science capitals, such as Fez, Al-Qayrawan and
Qurtuba, "Ma'roodhat" by Abu Al-Su'ood, and such other
books which are a
way of showing the vitality of Fiqh.
3.
The preparation of a detailed book explaining the principles of
making fatwas and the methodology of Muftis (the Muslim scholars
who make
fatwas), the terminology of the various schools of Fiqh,
the ways of
tarjeeh (preponderance) and takhreej (interpretation)
established in each
school of Fiqh, including the collection of
what is commonly in practice in
practice in the Malikite and
other schools of Fiqh, and publishing the book
entitled
"Al-Madkhalila Fiqh Al-Nawazil" by the Chairman of the
Academy.
4. Introducing
other fatwa books in which the Fiqh rules are clearly
defined in
order to get to the rules on which the fatwa is based but which
are
not included in Fiqh writings.
RECOMMENDATIONS
1.
Extreme precaution should be made against the fatwas that are not
backed by a principle of Shari'a or based on evidence accepted by
Shari'a
but are based only on illusory benefit refuted by Islam
and springing from
fancies and is influenced by circumstances,
conditions and customs that are
in conflict with the principles,
tenets and objectives of Shari'a.
2.
Calling on those who are responsible for fatwas, namely Muftis,
bodies and committees, to take the resolutions and
recommendations of Fiqh
Academies into consideration, in an
endeavour to regulate, co-ordinate and
unify fatwas in the entire
Muslim world.
3. Restricting the
issuing of fatwas to people who are known for their
scholarship,
knowledge, righteousness and fear of Allah, the Almighty.
4.
Those who issue fatwas should respect the regulations stated by the
'ulema (Muslim scholars of Shari'a) concerning the issuing of
fatwa,
particularly the following:
a)
Abiding by evidence from Qur'an, Sunnah, Ijma' (consensus of the
Muslim Ummah), Qiyas (analogy), and other evidence from Shari'a,
in
addition to abiding by the rules of Takhreej (looking for
evidence) and
those of Istinbat (interpretation).
b)
Paying attention to priorities in brining about good and staving
off
evil.
c) Taking into
consideration the real, material world, the customs and
changes
of environments and circumstances which do not clash with any of
the
fundamentals of Shari'a.
d)
Going along with the circumstances of the progress of civilization
which combine both genuine interest and compliance with the rules
of Shari'a.
May Allah's prayers and blessings be upon
our Prophet,
and upon his family and Companions. - Unquote
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