The Fatwa Approach in Contemporary Calamities

)A fundamental study)

Abstract

One of the tasks that falls on the shoulders of the mujtahid is the fatwa, and it is one of the important and necessary matters in Islamic law, and it is when the mujtahid lacks a fatwa on new and emerging issues in which there is no text from the legislator or a saying, especially since we witness and hear every day what is happening of technological development in various fields. Fields 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 regarding them or their rulings must be stated. Accordingly, we say:

The problem of the research lies: in the absence of these innovations from the legal rulings, and from here it was necessary to study a methodology that shows the way to identify the rulings related to these matters, in accordance with the requirements of the legal principles and rules.

As for the aim of the study, it is to prepare a methodology through which it is possible to stand on the ruling of the calamity, for which there was no legal ruling, and then to stand on a ruling that does not contradict the rules and Sunnahs of 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.

As for the results of the study, it 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 in accordance with 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 in order to avoid falling into a spiral of opinion, and not to turn away from those controls because turning away from them spoils and disturbs the religious and worldly matters of the mufti and the questioner.