The Convergence of Prohibition and Permissibility and its Impact on Fatwa in Light of Jurisprudential Principles and International Laws: A Study of the Case of Qat in Yemen 10.35781/1637-000-104-005

Abstract

Islamic law provides guidelines that encompass goodness for humanity in both the present and the future. Among these guidelines are those that alleviate hardship from people in matters of religious duties. Such duties are meant to be within the capabilities of worshippers, ensuring there is no contradiction or conflict in the evidences upon which duties are based. This makes Islamic law comprehensive of all aspects of life, addressing the public interest in every time and place. In cases where there is no explicit text, fatwas may vary between obligation and recommendation, between permissibility and prohibition. Issues that have emerged after the preferred centuries may be subject to more dispute, as the permissible and the forbidden are clear, while there are ambiguous matters in between. The idea behind this topic is to explain the principle of the coexistence of prohibition and permissibility. The researcher aims to outline its foundations, evidence, and similar terms used by scholars and jurists. The researcher has chosen the issue of qat in Yemen as a model to apply this principle to conflicting fatwas concerning qat. This is done based on jurisprudential principles and legal objectives. The study includes a definition of the qat plant and its chemical composition, an overview of the fatwas for and against qat, and the conflict in fatwas regarding its permissibility or prohibition. The application of the principle of the coexistence of prohibition and permissibility in this issue highlights the virtues of Islamic law in addressing contemporary issues faced by worshippers. It also shows methods for weighing different opinions and refers to Arab and international laws that place this plant in both the prohibited and permissible categories, with the aim of providing recommendations that benefit society and address the phenomenon of qat consumption in Yemen.