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Fatwa pathways in contemporary Islam

Fatwa pathways in contemporary Islam *

Preparation: Meets all the conditions legitimacy. Moataz Al-Khatib

(Managing editor of the intellectual forum for creativity Ifta controls, the Syrian Arab Republic)

ما فتئت الحياة داخل المجتمعات الإسلامية تعجّ بالكثير من النوازل والمستجدات، حتى تغلغلت المقولة القديمة التي كانت تهيمن على كثير من العقول: That “What I left the last thing”; Modern life It Moarh variables that plunged Islamic jurisprudence in its own, and broadcast a lot of vitality and forced him to engage in areas not familiar, but this interaction – The covered many aspects – Resulted in some methodological shortcomings in the prevailing standard, which was taking Bjamaa facts jurists, and hold them to inflict an update and came down; probably more or asymptotic him yesterday. Vsdma the West, and the threat of Islamic presence itself, carried on the re-discovery of a new Islam, and inspection routes able to meet those developments – And breadth of coverage- As well as her grandmother, including not assigned; was that the idea arose “Public domain” Or “Public benefits”, Which resulted in an expansion in diligence and extending Sultan doctrine to many areas of modern Palace was reported at the time of decadence.

However, the update itself, and the expansion of diligence, in light of the reality of the policy variables and the modern system, all this has led to many disorders fatwa courses, especially with the emergence of “Political opinions”; From entrances: That Islam is a comprehensive system, and that the doctrine itself contains policy issues, especially the so-called legitimate policy.

However, that has not been drawn him to the universality of Islam did not mean holistic Faqih in itself, so that it is solely controlled the public domain, and wrote the legitimate politics differ from the books politics Bowl, the former most busy aspect of civil life of a Muslim rights and limits, while more ([1]).

Indeed, the same Maori Arts social divides into two parts: Law and literature literature policy, Vadb the law has led enforcement, and policy literature what the age of the Earth, “Both are due to the justice that by Sultan safety, and Architecture countries; because of left hypothesis has wronged himself, and ruined the injustice of other land” ([2]). Thus, there was no distinction and discrimination between the universality of Islam, one Islamic scholars, as there was a differentiation between jurisprudence and politics, but the political reality is the variables that led to this turmoil now in “Roles” And function of the fatwa and its scope and limitations, as we'll explain.

This research is based on addressing four issues relating, inter above his boot, is:

1-Central doctrine in the history of Islamic civilization.

2- The courses advisory opinion انتظمت the course of jurisprudence and fatwas.

3-Then dialectical relationship between jurisprudence and politics.

4- And ended by talking about the phenomenon of political opinions and Achkaladtha.

First: Central Jurisprudence:

شكّل علم الفقه في تاريخ الحضارة الإسلامية أحد أبرز العلوم الإسلامية التي نشأ في ظلها عدد من العلوم، فحتى بعض المدونات المبكرة في الحديث النبوي اعتُبرت مدونات فقهية كموطأ مالك ثُمَّ صحيح البخاري، وكذلك كتب السنن التي لم يكن هدفها الأَوَّل جمع الأحاديث النبوية بقدر ما كان الهدف جمع السنن بحسب الوعي الفقهي المبكر، لتكون فيما بعدُ مادةً لعمل الفقيه، بل إن الانقسام القديم الذي نشأ في نهاية القرن الهجري الأَوَّل بين من سُموا بـ”Ahl al-Hadeeth” And”Opinion leaders” In reality was a split within the circle is a circle one way elicitation and build jurisprudence, before talking about jurisprudence separated with a busy class collection of novels without jurisprudence.

And jurisprudence, which means understanding, in the conventional sense is science the legal provisions of the detailed evidence, interferes with the Sharia, the Islamic Sharia is the divine inter commands that regulate the life of every Muslim expensive - jurists words- Of all facets. These include comprehensive faces of worship and religious rites and political and legal norms and ethics of purity and pictures of greeting and etiquette of eating and clinic patients, leading to the origins of the political system that determines the duties and rights of the Imam on the parish.

Thus interferes jurisprudence Sharia law, and acting Mufti shrine of the Prophet, in terms of the Report of legal provisions, based on the known sources in the legislation, the distance that separates between revelation and diligence human narrowing much under that overlap; making it difficult to differentiate between the law, which is God's judgments exclusive, and jurisprudence, which .

Islamic Sharia, therefore, is the most prominent appearance distinguishes the Islamic way of life, which is the core of Islam and the door, this has become a common term in the eighties of the twentieth century in a particular political context gave him a political dimension in the struggle for power and reference state, shreds, holds an expression: “Sharia law”.

The “Islamic legislation appeared to exist and grew in the light of the background of a variety of political and administrative images” Since the era of the Prophet e passing Bkhalafaúh to the Umayyad and Abbasid state, and”Eventually became the Islamic legislation on the minds of the Muslim Sultan greater than loss of control over their bodies” In some historical periods, political. Despite the split the political reality of the Muslims, remained Islamic legislation represents the main factor in the unit, through the property key, which is based in which the outlook for all the actions of human beings and their relationships with each other, and across all areas of individual and collective, legal and Abadi and other.

“The Islamic legislation provides an example of a unique phenomenon in which legal science, not the state, the role of the legislature, where the books scientists force of law, and this was dependent on the availability of two conditions: Namely that science was legal is the guarantor of stability and continuation of the same, and that the authority of the state has been replaced by another authority is the authority of Islamic jurists, and this was the power of the height so that imposed itself on the ruler and the ruled. The first condition has been achieved thanks to the principle of consensus, which has the supreme authority between the Islamic jurisprudence, and achieved the second condition to say that the Islamic Sharia is the basis of God's judgment” ([3]).

Secondly: Fatwa courses:

Muslim jurists unanimously – Of different persuasions and attitudes; between the archaeological record and virtual, and مقاصدي – That the law governing all acts of law, not without a reaction to only costly and where the rule of law embodied in the five provisions: Obligatory and scars and the Sacred hated and permissible, hence D Islamic jurisprudence authority over all Muslims, handled his speech all their actions and their actions and statements required location of the Sharia, or the position of the law of them, and then ran the fatwa large area of ​​the life history of Muslims who were - and still are- Evzon mufti to find out their actions and their words rule of law.

He knew the doctrine that he “Islamic rulings science gained from the process of detailed evidence”, And these provisions they built on the sources: الكتاب والسنة والإجماع والقياس، وهذه المصادر المتفق عليها بينهم يفزعون إليها لمعرفة الحكم الشرعي على اختلاف منهجياتهم في طرق الاستنباط منها، ولكن لَـمَّا كانت النصوص متناهية والوقائع والأحداث غير متناهية بحكم تراكم العصور، وكثافة المتغيرات والمستجدات، ما أمكن أن يستمر الاتجاه الأثريّ طويلاً على جموده على النصوص والآثار، ومذهبه في الإمساك عن القول بمسألة ليس له فيها إمام من أئمة السلف، وإلا تعطلت صلاحية الشريعة للأزمنة اللاحقة، ولهذا فما كان بدٌّ من إعمال الرأي والاجتهاد، حتى لا نكاد نجد فقيهًا الآن في هذا العصر إلا وهو قائلٌ أو ممارس للرأي على نحو من الأنحاء مضيِّقًا كان أو موسعًا.

And jurisprudence, which is a systematic basis to download texts finite infinite facts, or to devise those provisions to five landed on the facts of the ages and the actions of people, confined to the two pillars: “One: Science San Arabs, and secondly,: Science mysteries and purposes of the law…”([4]), And the first type with what annexation of perception and introductions provisions theology and accountability is “Ghalib class in jurisprudence”([5]), Which “Most poked not return to the service of the wisdom of the law and purpose, all revolve around the axis derive rulings from the words of the street; by rules enabling the knower of grab branches thereof, or grab descriptions foreshadow by those words, and can make those descriptions are a cause for legislation; measured by many branches ”; Understand “Defaulted Mbageshm on Sharia words and meanings that her words germination; They attributed the standard provisions”([6]).

In spite of the existence of other sources to find out the five provisions, the four previous ones are agreed upon by the doctrines devised for the provisions, whether the rule is provided for in the Quran or Sunnah, or not provided for, but this said Imam Shafi'i: “Everything came down to a Muslim is subject to the rule is needed, or for the right to which denote exist, and it: If a particular rule necessary to follow. If you did not have a specific request of significance for the right diligence, diligence: Measurement”([7]).

On this Valkies, he is the legitimate entrance - at least in the eyes of Shafi'i- Extensible authority revelation Text on the facts emerging and Nawaazil developed, and then not without incident or coming down only to God where the rule set or measured on the set; and thus the circle in the text-only fever. This was the first course and the president, who dominated the Islamic jurisprudence early since its inception, and continues until now, But the measurement later expanded with the emergence of a tradition in the fourth century AH and the stability of the four schools and the emergence say should be the one tradition, said band occurred: “If I got Mufti and the ruling coming down is not permissible to be considered by the Book of Allah and His Messenger year e nor statements companions; but to what followed and make bullets on the Quran and the Sunnah, what is agreed saying fatwa by the rule, and what goes against it is not permissible for him to issue fatwas not required by ” ([8]).

Measurement expansion here came from the substitution of text-Faqih text of the street ([9]), Said Abu Amr Ibn al-Salah (ت643هـ): “If Mufti Lefty on the doctrine of the Imam, and he came back to being that has definitely violation of the text of the doctrine of the imam, they must be undone - albeit in a shop diligence - because the text of the doctrine of the imam in the right street in the right text industrious independent” ([10]). This is stipulated in industrious be restricted “Deal values ​​are not provided for by the imam origins… Then take the texts of the imam assets extrapolates them as an act of independent texts of the street”([11]).

I have the form of measurement methodology tyrant through the history of Islamic jurisprudence, both in terms of download emerging facts on the texts of revelation by independent hardworking, or in terms of cause and download the facts on the texts of former jurists before Mojtahda the doctrines or hardworking enrolled([12]), This course is still in force today among many scholars, and highlighted what appears in the developments and chaos, and I've seen a number of the facts of the controversy in the International Islamic Fiqh Academy (Of the Organization of the Islamic Conference) Which brings together many of the scholars of the Islamic world, and the common folk argue in inflicting all or Gel contracts and companies updated on companies and contracts defined by Islamic jurisprudence in the past, despite the enormous changes entailed by the modern economy, and if that methodology you want to say: Every new day was not only significant if his Old similar or asymptotic can be named after him, and this standard Vamuslk not merely here have Tafrie on located at فقهائنا the ancients. And except in accordance with the methodology “Graduation” Costume devised to inflict doctrines in which there is no text imam on the text of his.

The second course of the urinary organized by Islamic jurisprudence fatwas General: Is course المصلحي, Or Course interest, Which is the corner say purposes, has been re-discovery purposes in the late nineteenth century, specifically the year 1884, while the book were printed approvals to شاطبي for the first time in Tunisia([13]), Says Imam Tahar Ben Achour: “Should not be the difference between Sharia scientists Ptsariv the oceans, with evidence: In the necessity of considering the interests of this nation and the evils of their conditions when down by calamity, and talked her calamities. It is not the world that awaits installed until he finds of interest provisions of the appointment, or attached to the provisions of analogues analogy, but he must collect interests unfixed provisions of appointment and not attached to the provisions of analogues compared” ([14]).

And transmits Ben Achour Sheikha Salem Bouhajp saying: “God Almighty has made our religion laws finale, but which was filed as interest, which is renewed by the times and locations so that no matter what happens something displays on balances fair value, where there is not prevented him did not stop in its use, especially to say بالإباحة the original”([15]).

It is useful here to recall that the discovery of approvals Shaatibi who speaks for the purposes of the law, it was by the Tunisian reformist, and thanks to which Mohammed Abdo knew this book and warned him his students Venctt the idea of ​​reform objectives in Egyptian also spread.

But any difference between Almslkin of Alavtaúaan?

In fact, the course record - its importance- No in industrious needs and variables of age, he is a technical approach to the character, in part, limited to the measurement of the incident limited to certain limited precedent where the rule text proved legitimate, but general issues do not meet the right this measurement “Not exceed the Muslim mind circle transition from partial to partial… Did not result in a paradigm methodological and empirical knowledge ahead and which then appeared in Europe” ([16]).

But it should be said that since the inventory Shafi'i jurisprudence analogy, considered Measurement Source fourth of the sources of legislation agreed, produced Jurisprudence standard productive huge in all schools of Islamic jurisprudence, through the ages, but those standard motorized fell under the weight of two factors, one socio-political, and other cultural . “The first of these two factors: Schizophrenia gradual policy for Sharia In the political and cultural history of the Islamic outlined here Baltkablat the following historical: Caliph safe in the face of modern scholars, then the Sultanate in the face of the caliphate, then the people of the sword in the face of the people of the pen. This historical development, which lasted for centuries and عاه Ibn Aqil al-Hanbali (513E) As a violation of the law to calculate the policy, then عاه the Maqrizi (845E) As انفصاما between law and politics. The second of these two factors: The establishment of mechanisms for measuring the Aristotelian formal logic; Which is configurable logic based abstract idea of ​​colleges while the area of ​​work of Islamic jurisprudence jurisprudence branches, is the world of molecules and facts” ([17]).

أما دلالة إعادة اكتشاف واستثمار المصلحة على يد الإصلاحيين، فعنى الكثير؛ ففي سياق صدمة الغرب وهاجس البحث عن التقدم ووطأة الإحساس بالتخلف، وفي مواجهة الموقف المحافظ والتقليدي في العلاقة مع الغرب، لجأ الإصلاحيون إلى استثمار فكرة المقاصد والمصالح، لبناء وتأسيس مشروعية الأخذ الانتقائي عن الغرب بما يتوافق مع الشريعة، وضرورة المقاصد بالنسبة لهم جاءت من حيث إن العوالم الجديدة والتجديد المطلوب إحداثه في ظل هجمة الغرب أو “Torrent that can not be paid” Does not meet the standard course. Khairuddin has reached Tunisia and Mahmoud Kabado, (1871ملحق بسير *الشماخي) After analysis of the situation of the European that the reasons for the progress and strength and immunity of each nation and one of these means inherent in scientific progress at the United, especially in the progress of the mathematical sciences and natural, the two agree on defamation who see the introduction of the West heresy and blasphemy, even if beneficial knowledge and plan Court([18]), But that Salem Bo Usher pupil Kabado and Shaykh Ibn Ashour (A series of objectives and reform in Morocco) Makassed approach invests in a statement the need for science says: “There is no doubt that a closer look at science referred to [العلوم الطبيعية من طب ورياضيات…] That would indicate she comes back to save the things that laws agreed on the necessity of maintaining them, I mean religion, body, and supply and money” ([19]).

The Tunisian Khairuddin Grand Vizier, was his main concern facilitate the collection of European developments related Bsaasta economy and regulation, and Altejer them what is our أليق and texts of our religion([20]), Said: “Scientists remission worthy of foresight in the pattern of Sharia, considering where of Ahgaha interests, and detriments necessary أخفها the”([21]). This holds significance for the relationship statesman, a man of religious reform will come back to it later.

إذن واجه العثمانيون ورجالات الدولة في عهد محمَّد عليّ، وكذلك إصلاحيو تونس وغيرهم، واجهوا تحديات بناء دولة عصرية بما يتطلبه ذلك من بناء المجال العام الاجتماعي والسياسي وغيرها، بمعنى استحداث مؤسسات جديدة تمامًا، لا عهد للفقه القديم بالتعاطي معها، وهي على هذا تعدّ من أهم النوازل بالتعبير الفقهي القديم، لكن مسلك التعاطي مع النوازل الذي هو في الغالب قياسي تقني جزئي لا يصلح للتعاطي معها، وكذلك مسألة “Impose sufficiently” Do not meet to deal with this coverage, here came the discovery of or invest my idea of ​​interests and purposes, in this comprehensive reform, and that previously considered that the idea of ​​the purposes is to exceed the issue “Impose sufficiently”([22]).

And issues of public affairs or public domain by the extension of Islamic jurisprudence, the new authority it is the political system and its institutions, and army building, and the educational system, public services and political life, the Constitution and the election, to the issues of human rights and environmental protection, contracts and modern companies, and so on, which in its entirety - Though inferred to each Bmcolat the the old or doctrinal measurements.


Thirdly: Dialectical relationship between jurisprudence and politics:

If the law governing all acts of law, the jurisprudence – Sharia, which is interchangeable with the other, or are part of the others - the previous five rulings governing such acts as well, and these acts permeated all areas, politics is included in the permission. On this P”There is no distance between jurisprudence and politics”([23]). Indeed, the thesis “Islam is a comprehensive system” Does not recognize the legitimacy of the question of the relationship between doctrine and policy.

Developed a comprehensive system thesis, under the ideological struggle between those who say that the necessity of Islamic Solution (Any Islamic reference to the nation), And those who say the solution secular western the different orientations liberalism and socialism and other. In this context, “Hassan al-Banna made the idea of ​​the inclusion of Islam, and a link to work thinking, motor and advocacy organization, and religion and politics”, And is considered an invitation Banna establish call “Organization brings people and organizing them and take them to education, religious and political education”([24]). Sheikh Qaradawi goes on the thesis that the overall system is authentic and training in Islam, but it is not an emergency, means that al-Banna was developed by([25]), And in this sense he catches some Orientalists, so that Schacht said: “The Islamic Sharia is the phrase divine commands that regulate the life of every Muslim from all its aspects, which include special provisions worship and religious rites, the rules also include political and legal (Limited sense), And the details of etiquette purity and pictures of greeting and etiquette of eating and clinic patients. The Islamic Sharia is the most prominent appearance distinguishes the Islamic way of life, which is the core of Islam and the door”([26]).

In the context of this book came perception Qaradawi “Islamic Solution ordinance and the need to” (I 1/1974 AD) Comprehensive addresses the issues of Islam and constitutional aspects of freedom and non-Muslims, foreign policy and Terms of candidates for the parliamentary councils and other bypassing the methodology for measuring course idiosyncratic.

However, it is not necessary to clarify a number of issues here not pay attention to it or to differentiate between them, the first system that Islam lives of includes Activity Muslim including is a man living his life مستهديا revelation, a balance between text and reality, and strive to download texts on the facts addressed by (Achieve entrusted), And strive to achieve the purposes and interests in issues “Amnesty” Which empty texts and authorized her to estimates by human beings and the variables of times and the customs and the accumulation of knowledge.

But the development that has happened in modern times is the separation between law and politics in the construction and the perception of the modern state of reference, including dominant are the details of human life, and in this context, there have been significant shifts in the consciousness of those central idea in Islam, which is “The overall system”, Turned from the state embodied them and list them, within the framework of a group or Islamic organizations, ran merger between Islam as a comprehensive system, and what later renamed b”Political Islam” On the meaning of power-sharing, or sought as سنبينه Talia.

Vachtmal Islamic law on matters of politics is inevitable acknowledged, as evidenced by the huge idiosyncratic output, and Islamic history as well, and even attested by logical analysis which we have presented the definition of Islamic jurisprudence and build perceptions. But the new emergency power is exercised, and is based on the application of those perceptions. Here Event – It happens – A lot of turmoil since the emergence of the modern nation-state and the struggle for power and also reference.

Islam since its inception, first what he had on his market, but in light of the existence of the state and the governing authority based on it in judgment and reference, and under this atmosphere between the jurisprudence whole underwent perceptions college and its provisions detailed to the horizon, which يظلله, ie to the Muslim present is the presence of authority (Islamic) His law applies, and where the problem is the dilemma of contemporary Islamic coexistence under the authority of the anti-Islamic reference in most cases, or marginalized in many cases, required Faqih under this authority download texts and the application of the perceptions of Jurisprudence (Comprehensive) Founder figure referred to (Under Muslim authority) On such land and the reality (The anti Islam or marginalized), And this dilemma arises all the problems of the Islamic phenomenon of modern and contemporary, and derive many categories all of which exude a certain response to that dilemma.

Even jurisprudence, which is trying to respond to this reality suffer from significant confusion; since trying - hard- Air perceptions are the result given space, the reality is totally different from the reality of the production of jurisprudence accumulated over the centuries, as they can not overcome, hence vary those interpretations and disturbed sometimes in relation to the power menu or in the exercise of matters of public affairs or in the position of the big issues and relationships .

The Islamic authority under which they grew up in the whole Islamic jurisprudence, was standing on her head caliph or imam, has been known to scholars or succession as the Imamate: “General on behalf of the owner of Shara – It is the Messenger of Allah e- Guard the religion and its minimum policy”([27]), Guard Valkhalafah and policy, hence considered “Religion and King twins”, Since the era of the Persian Ardeshir until the reign of Arts Bowl([28]).

Is that when this matter be read – According to reference secular – Become inverted; becomes literature scholars Bowl “Worked to expand the circle of Islamic religious law to include political space in the ideological level and ensures the lack of separation between governance and Islamic Affairs” ([29]), Without being aware of those they read history read biased advance, and they يحاكمونه to the concept of novelty is the concept of emergency “Chapter” Between the religious and the political, or “Expansion” A secular concepts of religious originated centuries later!.

The purpose of the Imamate originally is keeping religion, says Jouini: “Purpose to meet the rules of Islam, willingly or unwillingly, and destination of religion, but to continue derived from lower case was Mraeih”([30]), And the duties that Imam should do is: Remember religion, and the enforcement of judgments between two disputing parties, and the protection of the egg, and the establishment of the border, and fortify stomata Jihad عاند, Islam, and the collection of shade and alms and gifts estimate and Acetkfa trustees and proceed forward himself مشارفة the things and surf conditions([31]), And so the “Imam authority was simply intended to mandate the application of Islamic law and defend it inherited from the Prophet judicial and executive powers only, but the legislature had no such thing, but that his authority in jurisprudence was limited” ([32]).

But what happened with the establishment of the state of the modern national, and Genesis say secularism, he broke state legitimacy, and legitimacy here as it is in Islamic religious legitimacy where the power Mankma to the law and issued them; and where the Imam save the religion and the rest of the duties previously mentioned. With this power separated from the law, and the so-called “Political Islam” The this regard, Fajtlt the perceptions and actions laid down by the so-called legitimate policy that organized the relationship between the Imam and the parish, and identified the duties and rights, and showed what the specialty, which is not entitled to interfere with religious affairs: Its origin and its branches, as we find with Jouini, for example,.

Under that regulation, the relationship between Imam al-Faqih and based on the terms of reference and differentiation, imam regard to political affairs, says Jouini: “Not respect it - any Sultan- But what about politics”([33]). The incumbent on the King regime in his own time, to review the scientists says: “It ألقيه to the Commissioner and must be reviewed scientists with come and Weatherford; they are role models provisions and flags of Islam and the heirs of prophecy, and the nation's leaders, pillow denominations, and the keys Huda, lamps darkness, and they are really the owners of it deserving, and people with help commanded Baartsam Mrasmanm, and cropped ordered them, and Alankvav for ” ([34]).

“Vhamah Sharia are the kings and princes, and maintaining their imams scientists”([35])And, if the Imam inherited from the Prophet judicial and executive branches only, the legislative authority of the scholars were alone. Says a senior contemporary scholars: “Her role in the policy application, and the jurists Their role in rooting, and jurist should be the master of these things, and the governor is performing assets and provisions of Sharia”([36]). And about this when Imam Ghazali, who says: “Faqih is the world's law and policy by mediating between the creation if disputed by virtue of desires, was the jurist Sultan teacher and mentor to the ways of policy creation and caught to attend Bastqamthm guardians in the world”([37]).

But certainly not the relationship between the jurist and as such political stability historically has experienced periods of disorder, probably began since the era of the Abbasid safe (198-218E) Where is the curse Muawiya on the platforms, and tested hand-picked from Baghdad scholars in their faith in the Quran, which is what later known بفتنة the creation of the Koran. In fact, this interference from the Imam in religious affairs, which may vary الأفهام Is it right for him or not, though Jouini, for example, finds that “Must follow Imam certainly with perceived Almojtahdat of Firtb a lump is fighting him, which prohibition violation Imam in which called on him though origin Maznon the…” ([38]) It means here Imam industrious ([39])But Imam Ahmad certainly did not see this view, but reject opinion Khalifa and have a word in question is at the heart of the competence of scientists, but what remained in prison!. وإنما يقع الصراع في العلاقة أيضا في المسائل التي لا يختص بها الإمام فيحاول اجتذابها، فالأمر بالمعروف والنهي عن المنكر لا يختص به، بل هو موكول إلى المسلمين عامة بشروطه، غير أنه لا بد من الإقرار بأنه كان للسلطان مداخل عديدة يتيحها له الفقه الإسلامي نفسه أو السياسة الشرعية على وجه الخصوص، للتدخل في الشأن الديني، من خلال جباية الزكاة، أو اختيار مذهب ونصرته على آخر، أو من خلال عقوبات التعزير التي أوكل أمرها إلى الإمام وهي عقوبات غير مقدرة شرعًا، أو من خلال تقرير المصالح خاصة إذا ضعف مبدأ الشورى، أو تم التشاور مع اعتباره معلِمًا غير ملزِم، وغير ذلك.

This may be a conflict in the early era of safe, is pushing to decide what is legitimate, which is illegal Affairs “Policy” Scholars wrote books “Islamic politics” To clarify the rights and duties of the Imam and parishioners alike.

But with all this remained Imam regard to the affairs of politics, al-Faqih regard to the affairs of religion, until the reign of the reformist Islamic in Tunisia and Egypt, where he saw al-Faqih or reform that participants in political affairs and repaired, under attack colonial, and try to build a modern state stands in the face of the flood . Here reformist jurist resorted to the purposes and interests of the construction of the state that protects both the presence and identity, and maintain the necessities of religion brought by. وقد تحالف رجال الحكم ورجال الإصلاح في تونس من أجل ذلك وتم تشريع المؤسسات الحديثة من باب المصالح كما أشرنا سابقًا، من أجل تحقيق الإصلاح الديني والسياسي معًا، فحدث الوصل بين الفقه والدولة، لكن ذلك لم يستمر طويلاً فسرعان ما انفصل الفقه عن الدولة فوجدت النخبة الإصلاحية نفسها معزولة عن الشأن العام الذي استبد به السياسيّ لكن هذه المرة بمعزل عن الشريعة فاختل الفقه من أساسه، وبقيت المعضلة جاثمة في الفكر الإسلامي المعاصر في كيفية التعاطي مع هذه الدولة الناشئة، التي ما أمكن الاعتراف بشرعيتها، ونشأت أطروحة الدولة الإسلامية، وتحولت المشكلة مع بعض التنظيمات الإسلامية العنيفة إلى تكفير الدولة ومحاولة الحلول محلها ما يعني أن تلك الفئة من الناس رأت من حقها وحدها تولي أمور الشأن العام فحدث الصدام الذي لا تزال آثاره حتى الآن قائمة. If Jurisprudence – As we have said – Organized actions of the people all of them, and governed by, this is also true of the Sultan or Imam in private the same as that of Sharia overall ratify the policy and worship and other areas, hence jurisprudence deals with policy issues, but positive for them, including the management of public affairs outside the curriculum “Islamic politics”, And defined Ibn Najim al-Hanafi as “Do something from the governor sees interest, although not the act is a partial directory”([40]), Though it said before that: “I did not see in the words of مشايخنا definition of politics”. And Emad when legitimate public policy based on interest scholars sent, therefore Jouini quoted some saying: “The Sons of the decade went to the that the Sultanate positions and the state tested only on the opinion of Malik, may Allah be pleased with him, and he saw increasing amounts of the border in Judicial Sentences, and authorize the governor to be killed in discretionary. The transmission shift him, he said: Imam to kill one-third of the nation in two-thirds Reclamation” ([41]), Has criticized Juwayni this scathing criticism, saying,: “This trivializes the stupid art, which is the truth cause to anti what ابتعث master of the Prophets”. Valjwyne Shafi and doctrine narrower doctrines in consideration of interests, it provides that the Shafi'i infinite diligence in measuring only the first course of its pathways fatwa as noted.

So the idea of ​​interest itself, is the essence of what is known in politics legitimacy, while the men of the reform are the statesmen expanded interests, originated sayings and developments and productions doctrinal many of the issues of the day stretched Sultan jurisprudence, and Nmth, in the course of interest and destinations without ignoring the measurement methodology and text. And on the course of interest and benefits grew sayings jurisprudence of reality, budgets and priorities based on the categories of the son of values ​​and Ezz Bin Abdulsalam, which led to the emergence of the jurisprudence of minorities, and the expansion of the Department of halal, and other ex Almenza lawsuit, which aims to spread Islam and re-Islamic character of life with al-Qaradawi and the tide of what is known as بالوسطية.

In my opinion, it is possible for the standard approach to continue without challenges, and it produces output in a huge perception separates the private and public spheres, to ensure that your domain measurement, and ensured “Islamic politics” The public domain, performed by the imam, such as Jihad Affairs, said Jouini: “As for jihad Vmokol forward, then he must sustain consideration to what we have mentioned Faiser is jihad in his own right as the statutes of the Senate; and the reason that he encircle the things Muslims and became with the Federation of person like Muslims بأجمعهم It's where Antat drag soldiers and a brigade and items Imam a deputy from the ” ([42]).

In addition to a jurisprudential rule called “Hypotheses enough” Addresses (Some) Public affairs issues, carried out by individuals. Says Jouini: “Most competencies assumptions which specializes not be set up imams, but all people must possible not Agvloh nor lose sight of him, comes as the dead and bury them in prayer. (…) The other competencies assumptions they dispersed the people in this country, does not have jurisdiction Imam”([43]).

IV: The phenomenon of political opinions and Achkaladtha

Thus, the relationship between jurisprudence and politics in the classical doctrinal awareness remained confined to the so-called B”Islamic politics” Before the separation of power from the law, but after that, the work of al-Faqih expansion with the shift in the idea “The overall system”, Arose “Political opinions” Addresses by the public, away from power Nahit or marginalized by the law, which was adopted reference paradox under contemporary international system. Here major disruption event, in the history Faqih did not need to issue fatwas in the field of public affairs, in matters concerning the imam, but with the absence of the Imam In light of the conflict with business circle has expanded to include jurist public domain that Astra him with the governor who is separated from Sharia.

This shift resulted in a number of new developments, it has replaced “Fatwa” Shop “Legitimacy” Political power, Faqih replaced the Imam (Absent since the establishment of the modern state) In dealing with the public domain and assess and address the interests of the masses, and with the multiplicity of jurists or muftis happened disorder was Imam converts without him and have the power to get people on one of those choices and creeds, to ensure unity and damaged. With this multiplicity had to المفتون to be included in the doctrinal differences typical of schools of Islamic jurisprudence without realizing the difference between the opinions of individuals and the public sphere fatwas, or between sub-issues of worship and transactions between macro policy issues([44]). These variables are imposed redefinition of politics by saying: “Politics today has taken a wider meaning; they are no longer related only rulers, but are related to the community whole Bavradh and institutions نقاباته and أحزابه”([45]), This expansion of the concept of politics, acquired a new meaning with the emergence of the so-called”Political Islam” Who asked the holistic concept of religiosity, returned religious individually, not only religious Ebadia the minor, and no longer associated with piety and faith emotional and heartfelt but it is far from it; as mean “The رسالية process overall change requests (Personal and social, political and legal), Characterized by social position - myself- Diagnosed cultural: From others, the state and society and the entire world”([46]).

Basic shapes here in the industry “Political opinion” Is that they adopt the language of the course record first; terms of building stringent provisions, and the order of sin and reward, and the addition of new hypotheses for a Muslim in the field of public affairs, where they become involved in the Iraqi parliamentary elections in the presence of occupation duty legitimacy, for example, (Qaradawi 11-12-2005, and Qara Daghi the 13-12-2005), In addition to other opinions and should be an economic boycott, etc., and these are all hypotheses and duties according to these fatwas legitimacy advance in parallel with the national state, with the position of Imam vacuum (Caliph) You are trying to occupy the place, the fatwa that could not be in power and that is the weakest of faith, which entails the duty of the statement as legitimate owners of those fatwas.

But the analysis of these opinions and reasoning strict legal, sign in problems doctrinal, not limited to multiple and turbulence in matters of public affairs that require consolidated resolution, but also raises a question about the position of Islamic law itself increase assumptions of legitimacy, and consequently pose the location of this mufti or that “A signature for the Lord of the Worlds” Scientists also considered and the son of particular values, then what is the ruling on abuse of these new ordinance religiously? (Profile) Interests on which the Fatwa sin order to abuse those legitimate duty without having inspired texts dealing with it or provide it?

These are questions worthy of reflection and careful research, away from “Adaptations” Some muftis, which says, for example,: “Flexibility that there are several views of a number of Muftis or scientists or references, and all of them is that it offers a provision legitimately is God's judgment in this matter, and the nation to accept this provision or that and move it, and any provision of accepted it the nation as long as it emanates from Manual legitimate certified is willing ”([47]). As well as that there is confusion between the ruling hard-and macro-and fatwa that is partial and can be changed.

And to engage in discussion of the logic of fatwas political reveals problematic several, especially if Asthoudrna variables modern reality I grew up in science, new roles of intellectual and social many pat-Faqih and one of them, not most of them, or running the center where, with the emergence of modern thought, has emerged terminology and concepts new to the system . Faqih remained specifically viewed with suspicion to three terms in particular are: Thinker, intellectual, and preacher, but the problem with a more prominent thinker remained a presence, it is undisputed centrality as the nucleus of Religious Sciences, and a source of legal provisions, P”Mufti, the mayor of the Prophet”, Words Shaatibi, it is “Location for the Lord of the Worlds” Ibn al-Qayyim words, this keen D.. Bouti in the introduction to his book “Jihad” To alert people to the vast difference between scholar and thinker, who is far from God's judgments (They Jurisprudence course), And about this we find when d. Qaradawi, who considered that the thinker is which stems from a philosophical perspectives may be illegal.

Key feature of the Islamic jurist work is control and rationing (Not in the legal sense)، ففضلاً عن مركزية الفقه ومرجعية الفقيه بحسب التاريخ الإسلامي، فإن هذه السمة الأساسية التي يختلف فيها المفكر وفكره، والسياسي وعمله، عن الفقيه، ففي حين تشكل النصوص مرجعية الفقيه، فينطلق من النصّ لتنزيله على الواقع، أو من الواقع للبحث له عن حل في النص، فإن المفكر ينطلق أساسًا من الواقع أو من وقائع التاريخ، تاريخ الأحداث والأفراد والأفكار، والمفكر الإسلامي يضم إلى ذلك مرجعية الوحي على سعتها، فنصوص الفقهاء التي شكلت مرجعيات وسيطة للفقيه المعاصر، قد لا تعني المفكر، فقد يتجاوزها إلى ما يجده أقوى وأكثر مصداقية وواقعية.

With regard to political affairs, this was the jurisdiction of the imam, or caliph, even Jihad had entrusted ordered to Imam and diligence ([48]), And the parish is required to obey him as he sees it. This was announced by the majority of scholars; and said: He knew a lot of the enemy and tell them, and reservoirs of the enemy and their scheme, it should be returned to his opinion; because it is safer for Muslims.

لكن كما نشأ الانفصال بين الدين والدولة، نشأ الانقسام بين الفقيه والسياسي في ظل الدولة الحديثة، ولكون السياسي في الغالب درس السياسة بمفهومها الغربي، والفقيه لم يدرس إلا ما يسمى بالسياسة الشرعية، فإن ذلك الانقسام بين الدين والسياسة، انتقل إلى الفقيه والسياسي؛ ركني الثنائية الأولى، ومن هنا تختلف طبيعة تعاطي كلّ منهما مع الأحداث، وتقديره لها، بل إن الأمر مع الفقيه يزيد عن ذلك، فالسياسة الشرعية -قبل أن تهيمن عليها النزعة الفقهية القانونية-هي بحسب قول ابن عقيل الحنبلي: “What policy was actually be with him closer to the goodness of people, and far from corruption, but did not put him the messenger, not down by the revelation. If you want SAYING: (But what Shara approved) Did not violate what pronunciation Shara; true. If you want: Not only what policy uttered by Shara: Vglt, Nglait for Companions” ([49]).

In this indicates two things: First: That politics in this sense is the closest to the current political action, and not to the work of al-Faqih, which revolves in the orbit of the provisions five التكليفية, politics in this sense closely with thought and methodology, and the second: That the idea of ​​interest and Accessories is the core idea of ​​the legitimate purposes, and which has expanded and matured in the womb of Islamic politics, with a book “Agheiathi” For Imam Juwayni, which did not take until after that broke away from the door “Measurement” Idiosyncratic, which is the essence of the work of al-Faqih in new developments. In this reference to the contrast between the tendencies: Jurisprudence, intellectual, and explain why scholars insist - always- That the purposes of the law but its role is limited to just “Detection” The wisdom of jurisprudence predetermined, nor legally valid evidence.

If Jurisprudence - mostly- Addressing natural personal (Individuals), As noted by Dr.. Ali Gomaa, was singled scholars Imam (Caliph) Opinion in matters of jihad and the big issues, the separation between religion and state, and the collapse of what was built on the terms of reference were divided into two institutions, make a lot of scholars entering an area of ​​major issues and public affairs (It is political issues) And Lifton legal according to their methodology dominated by natural personal address (Individuals) Without sufficient awareness of the consequences of the variables that arise from this, both in terms of the future of the fatwa or point of building the same opinion. And here comes the argument “Fatwas of the nation” Put forward by some ([50]) Endoscopy have tried to fill the vacuum created.

This overlap between jurisprudence and politics in the work of al-Faqih, in the context of the disintegration of the old traditional system, which has been governing those relationships and terms of reference, contributed to the Azkaúh of the so-called “Jurisprudence of reality”, Which we do not find a systematic restraint arbitrator, to keep everyone appreciated what he sees as a reality, it is ironic that this doctrine was established based on the doctrinal categories of late, most notably Ibn al-Qayyim sayings same methodology owner text.

If we go with this, we find that the thinker is more aware of the reality of the jurist on the same day in many cases, the above explanation of each methodology, but we find contrary, فالسلفيون the TAKE mock “Jurisprudence of reality”, And traditionalists mocked the “Thinker”The Salafis they saw jurisprudence in reality transcended text of the methodology, and the traditionalists they saw that the systematic thinker than itself and Nzahm in a central doctrine in order to address the legal personality (Community and the nation).

In fact, there is an intermediate class confuse the work of al-Faqih and thinker, فتستعمل the language of scholars on issues not tolerate it, in an attempt to address the major issues not accustomed to conventional endoscopy jurisprudence have; for being – Mostly – He was addressing natural personal (Individuals) First, the strict legal methodology II.

Thank God that His grace is righteous. (Doha: 30/3/2007)


[1]) Look: Allam, Izz al-Din, morals Bowl, Kuwait: The world of knowledge, number 324, i 1, 2006, pp. 138-139. That seems to tap from the words of the policy related beside the sanctions and disciplinary extends not, so they said: And ta'zir synonymous policy. The comparison between legitimate politics book of Ibn Taymiyyah and Book Arts Bowl is a big difference between the two shows.

[2]) Mawardi, religion and world literature, achieving Mustafa Sakka, Beirut: Dar scientific books, i 4/1978, p 136.

[3] ) Schacht, Joseph, the heritage of Islam, translation: Hussein sociable, willful and charity, Kuwait: The world of knowledge, number 234, i 3/1998, 2/160, and see:2/ 95-100.

[4]) Draz, Abdullah, Introduction approvals in assets Sharia, Beirut: Knowledge House, 1/5.

[5]) Ibid.

[6]) Ben Achour, Tahar, the purposes of Islamic law, achieve Tahar Almisawi, Jordan: Dar valuables, i 2/2001, p 167.

[7]) Shafi'i, Muhammad ibn Idris, message, explain Ahmed Shaker, Cairo,, i 2, 1979, p 474.

[8]) Friend Hassan Khan, an asset Mahta of Mufti etiquette, achieving Dad Abdul Rahman Alebattna, Beirut: Dar Ibn Hazm, 1st Floor, 2000, p 62. The author criticizes this, saying: “This is one of the greatest crimes task force on religion tradition”.

[9]) See an extensive study in this: Moataz Al-Khatib, Faqih text of power shift to union power, in a book: Islamic Renewal speech: Times and questions, Damascus: Dar thought, i 1, 2004, pp. 197-217.

[10]) Nuclear, Muhyiddin, total polite explanation, Beirut: Dar thought, d. Ø. 1/45.

[11]) Nuclear, total, previous source, 1/43.

[12]) Gold Tarsus (758E)Hanafi in his book: “Turk masterpiece must work in the King” (Published in 1993), To warn Maalikis of Quraafi and Shaatibi alike, as they go out on the rules of doctrine, as well as for Ibn Taymiyyah with Hanbali!.

[13]) Look: Moataz Al-Khatib, Makassed job: Legitimacy and objectives, research published in the work of the seminar purposes of the law and ways to achieve them in contemporary societies, the International Islamic University, Kuala Lumpur, 2006, 1/100.

[14]) Ben Achour, the purposes of Islamic law, op cit, p 310.

[15]) Ben Achour, Tahar, Alice waxing relative, Tunisia: Tunisian Company for the graphic arts, 1988, p 110.

[16]) Alwani, Taha Jabir, providing a book: Hassani, the theory of purposes, when Imam Mohamed Tahar Ben Achour, Virginia: International Institute of Islamic Thought, 2nd Floor, 2005, p 6. See detailed talk about the lack of measurement idiosyncratic: Moataz Al-Khatib, Makassed job, op 1/95.

[17]) Mr. Radwan, politicians contemporary Islam: Reviews rebounds, Beirut: Arab Book House, i 1/1997, pp. 172-173.

[18]) Omar bin Salem Qabadv: His life and its effects and the reformist thinking, Tunisia: Center for Studies and Economic and Social Research, i 1975, p 320.

[19]) His transfer: Ben Achour, waxing is not a relative, op cit, p 110.

[20]) Look: Tunisian, Khairuddin, tract I know the conditions of kingdoms, achieve equitable Aelchenovi, Tunisia: Tunisian Publishing, Algeria: The National Book Foundation, i 1986, p 85.

[21]) Tunisian tract I, p 153.

[22]) In the conversation between me and Dr.. Mohammed Othman, during a seminar purposes of the law, in 2006, hometown, and see the details in: Radwan al-Sayyed, the purposes of the law and practice of ijtihad and renewal, Al-Hayat, 1/4/2006.

[23]) Mohammed Hussein Fadlallah dialogue Sanae Aljak, the Al-Sharq Al-Awsat, London 15/3/2007.

[24]) Human, Tariq, the general features of Islamic political thought in contemporary history, Cairo: Sunrise House, i 2/2005, pp. 24-26.

[25]) Qaradawi, Yusuf, religion and politics: Rooting contained suspicions, under printing in Sunrise House, can مطالعته on the following link: http://www.qaradawi.net/site/topics/static.asp?cu_no=2&lng=0&template_id=

[26]) Schacht, the heritage of Islam, op 2/95. This is the correct perception that has arisen it thought Ibadhi and his practice scientists and فقهاؤها since the origin to the present day, and this thought is based on the base not ever-them since that proclaimed the slogan of Islam emanating from the Book of Allah “Faith believe بالجنان and the words of tongue and did the chief of staff”, And therefore had a legitimate policy approach of prophecy and the caliphate ignorance of most of the writers and scholars need to study and review of the knowledge and use it. (References)

[27]) Look: Rais, Ziauddin, Islamic political theories, i 6, p 125. See: Son of a group, Badr al-Din (733E), Edited by provisions in the measure of the people of Islam, to achieve Fouad Abdel-Moneim, Qatar: Presidency of the Islamic courts and religious affairs, i 2/1991, p 48.

[28]) This came during the reign of Ardeshir: “Know that the king and twin brothers debt not the strength to only one rider; because religion as King and baptism, and then became king after goalkeeper religion…”. It is what we find in later Mawardi and Juwayni then Ghazali, who says: “The world farm Hereafter is not religion, but this world, and the king and religion are twins; religion out of and Sultan guard, and has no basis Vmahdom the what not guard him فضائع”. Ardeshir era, investigate and bring Ihsan Abbas, Beirut: Dar Sader, 1967, pp. 53, and Al-Ghazali, Abu Hamid, the revival of the science of religion, Beirut: Dar knowledge, door: Science that is an obligation, 1/17.

[29]) Abdul Latif, Kamal, in dissecting the origins of totalitarianism, Beirut: Vanguard House, i 1, 1999, p 239.

[30]) Jouini, Abu Excellencies, الغياثي the: Ghias Nations in التياث injustice, achieving Abdel Azim El Deeb, Qatar: Religious Affairs, i 1/1400, pp. 183, paragraph 268.

[31]) Look: Mawardi, provisions Bowl, pp. 15-16. And Jouini, الغياثي of previous source, p 183 and beyond. And the son of the group, Liberation provisions, previous source, p 65, but the son said that the group be X is Justice.

[32]) Schacht, the heritage of Islam, op 2/121.

[33]) Jouini, الغياثي of previous source, p 238, paragraph 345.

[34]) Jouini, الغياثي of, pp. 379, paragraph 540.

[35]) Son of a group, Liberation provisions, p 87.

[36]) Zoheily, gift, truce and peace, a program Sharia and Life, 2007:

http://www.aljazeera.net/NR/exeres/75D48BE0-4762-4F86-89AD-87188178BC73.htm

[37]) Al-Ghazali, the revival of the science of religion, op 1/17.

[38]) Jouini, الغياثي of, pp. 216-217 paragraph 318.

[39]) Says Juwayni after that the system requires the Governor King of his time scientists because they review the truth matter deserving owners, says: “If the owner the diligent is followed by command which entails omnes in his diligence and follow”. Jouini, الغياثي of, PO Box 380, paragraph 540..

[40]) Ibn Najim, sea al-Raa'iq the explanation treasure minutes, Beirut: Dar knowledge, i 3, 1993, 5/76.

[41]) Jouini, الغياثي of PO 219, paragraph 321. And see what supports that legitimate politics when scholars are working Sent interest: Hippocampus, Khaled, relationship purposes knowledge of Sharia Islamic politics, the purposes of the law symposium, seminar referred to earlier, 2/166.

[42]) Jouini, الغياثي of 210 Paragraph 307. The perception Kamal Abdel Latif in dissecting the assets of tyranny, p 236 that the relationship between the jurist and the Sultan relationship conflict, saying: “We are facing a conflict of political power in your respective fields, the management of public affairs and public, abscess measure and soldiers, war and peace”, Has made it clear that wrote the policy recognizes the legitimacy that this is the prerogative of the Imam, though the jurist entrance through the report of the provisions of Islam based on the texts, but the decision and assess the interests of the Sultan.

[43]) Jouini, الغياثي of, pp. 210 - paragraph 307-308

[44]) Faisal says Molloy: “Are the views of all scientists agreed on God's judgment on the issue of sub-issues of jurisprudence? ”. Faisal Mawlawi, opinion and politics, within the program of Sharia and Life, 2006: http://www.aljazeera.net / channel / archive / archive?ArchiveId = 369055

[45]) Faisal Mawlawi, ibid. As well as Sheikh Qaradawi said, commenting on the grounds policy Tap related beside the sanctions and discipline only, he said: “Which swing to a more general policy of discretionary; they are involved in more than one area in customs affairs and transactions of management, economics and peace, war and social relations, constitutional, international and other”. Qaradawi, religion and politics, previously referred to reference.

[46]) Jadaan, Fahmi, in the final salvation: An article in the promises of the Islamists and secularists, liberals, Jordan: Sunrise House, i 1/2007, p 317.

[47] ) Molloy, formerly referred to reference.

[48] ) Look: Jouini, الغياثي of, PO Box 210, paragraph 307.

[49] ) I'm values, wisdom roads of legitimate politics, Cairo: Sunnah, p 13 – 15.

[50] ) D. Sayf al-Din Abdel-Fattah, the entrance to understand the opinions of the nation, within: My nation in the world: Yearbook of the issues of the Islamic world, Cairo: Civilization Center for Political Studies, i, 2003, No. 5, 1/535.

* ندوة تطور العلوم الفقهية فِي عمان ” فقه النوازل وتجديد الفتوى”

Held during the period: 13-16 April 1428 / 1-4 April 2007

Oman - Ministry of Awqaf and Religious Affairs

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