Ruling on Acting upon a Previously Abrogated Fatwa: The Limits of the Authority of Old Fatwas in the Face of New Circumstances 10.35781/1637-000-145-001

Abstract

Abstract: Research Objectives: -To establish the concept of the abrogated fatwa and clarify its Sharia-based regulations. -To examine the extent to which an old fatwa retains its authority after the issuance of a contrary fatwa or an institutional decision. -To analyze the positions of jurists and legal theorists regarding abrogation and the change of ijtihād. -To formulate jurisprudential and practical guidelines for dealing with old fatwas in light of the contemporary context Research Methodology: Inductive، analytical، and comparative methods. Major Findings of the Research: -An abrogated fatwa is defined as a fatwa whose Sharia-based justification has ceased after its issuance، either due to a change in its operative cause، the emergence of stronger evidence، or a new valid ijtihād that overturns it. It is thus distinct from a changeable or erroneous fatwa. -The abrogation of a fatwa is not considered legitimate unless it is based on a clear Sharia-based justification، such as definitive textual evidence، a change in custom or public interest، or a transformation of the reality upon which the fatwa was originally based، in accordance with the legal maxim: “A ruling revolves around its effective cause in existence and absence.” Keywords: Acting – Fatwa – Previous – Abrogated – Authority – Old Fatwas – Confronting – New Developments.