ARABIC: الواقعية بين المفتى والإفتاء

The Realism of Religious Rulings (Fatwa) and Jurisconsult (Mufti)

Abstract

The institution of religious rulings has been continuously deteriorating and it seems to be totally stagnant nowadays. Unfortunately, if any ruling is passed over any hyped issue, it becomes subject to severe critique and results into harsh disagreements. So, the institution of Fatwa is passing through a turmoil which is unbearable for the true adherents of Islamic faith and the preachers of religion.  As a matter of fact, the field of religious legislation is quite vast and inclusive; the abundance of books written in this field since Abbasside age bear testimony to that. With everyday progress in the affairs of life, all the academic fields have upgraded themselves in terms of tools, methods and applications. Such must be the case of the institution of Fatwa as the matters and issues seeking legislation have undergone major changes. So, in this context, it is obligatory for Mufti to understand the spirit of jurisprudence of the time Fiqh-al-Waqi’. The latter is a term not merely related to understanding the current situation rather it is quite vast and comprehensive. This article is an attempt to shed light on true meaning of Fiqh – al-waqi’. The Jurisconsult or Mufti is obliged to have a lot of essential capabilities and potential to understand, analyze and apply the theoretical knowledge otherwise he would issue religious rulings bringing disastrous results for the society. This paper begins with definition of religious rulings then proceeds with the pre-requisites a Mufti must have before passing a religious ruling then mentions the types of Fatwas and the diversity of Jurisconsults. After the theoretical part, the paper discusses the instances of development of jurisprudence with the passage of time and its relevance to the changing circumstances since the age of the Holy Prophet P.B.U.H.