Abstract

Question asked of Islamic scholars today are by persons who are well educated; some are scholars in their own right. They deserve adequate and well reasoned responses. A note on the methodology of fatwās. One-line fatwās issued by the learned Muftīs are, therefore, no longer acceptable. This fatwā is issued according to the principles of the Ḥanafī school. The method followed for responding was laid down by Imām Abu al-Ḥusayn al-Karkhī. He says: “When a person asks a question it is necessary for the responding jurist not to answer in absolute and general terms. He should examine the question to see whether it is a single category or may be divided into two or more. He should then examine each category word for word and give a suitable answer to the question. This principle is of immense benefit. The reason is that a reply in absolute terms can readily be ripped apart, because words are seldom employed in general terms.” He further adds: “The reply to a question is to be construed in accordance with what is generally known by each nation in their place of abode.” Some learned jurists have also stated that if there is a conflict in the texts of the jurists, the work to be treated as a final authority is al-Mabsūṭ of Shams al-A’immah al-Sarakhsī. We consider this to be sound advice. It may also be added here that if the issue is new and is not to be found in the works of the jurists, the methodology of takhrīj is to be followed, which basically means reasoning from the already settled general principles to resolve the new issue. The identity of the person raising the question will not be revealed unless he or she makes a request that it be revealed and stated in the fatwā.

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