تنظيم الفتوى أهميتـــه وشروطـــــه الباحثة سارة بنت محمد علي العقلا د. مريم عطية بو زيان

Abstract This research addresses the issue of regulating fatwas, highlighting its legal significance, conditions, and governing principles, particularly in light of the contemporary reality marked by the uncontrolled expansion of issuing fatwas and the emergence of unqualified individuals assuming this critical religious role. Such practices have led to jurisprudential chaos, conflicting fatwas, and confusion among the general public regarding religious rulings. The study aims to clarify the concept of fatwa from both linguistic and technical perspectives, examine the rulings on issuing and seeking fatwas, define the mufti and outline his qualifications and classifications, and discuss the issue of ijtihād, its divisibility, and its various forms as a foundational framework for understanding modern fatwa practices. Furthermore, the research emphasizes the importance of regulating fatwas in preserving the objectives of Islamic law, preventing speaking about Allah without knowledge, and safeguarding religion from distortion and deviation. It also highlights the role of the ruler in organizing the fatwa process, preventing unqualified individuals from issuing fatwas, and the necessity of adopting institutional and collective fatwas in public issues and contemporary juristic developments. The study employs an inductive and analytical methodology, drawing upon Qur’anic texts, Prophetic traditions, and the statements of jurists and legal theorists, analyzing them in light of current realities. The research concludes that regulating fatwas is a legitimate necessity and a recognized public interest that contributes to religious and intellectual stability and preserves the unity of juristic authority within society. The study emphasizes the necessity of institutional regulation of fatwas by restricting public fatwa issuance to accredited scholarly bodies and preventing unqualified individuals from engaging in it. Keywords: Fatwa, Regulation of Fatwas, Mufti, Ijtihad, Collective Fatwa, Authority (Ruler

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