THE PERMISSIBLE “AL-MUBAH” AS A MANDATED RULING AND THE EXTENT TO WHICH THE FATWA HOUSE DEALS WITH IT
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Date
2022-06-22
Authors
Mahameed, Ahmad
Journal Title
Journal ISSN
Volume Title
Publisher
جامعة النجاح الوطنية
Abstract
This research entitled "the permissible ruling as an obligation and how fatwa houses deal with it" indicates that the permissible ruling is one of the obligations that are related to the capacity of optioning between acting or omission.
Throughout the research, the researcher touches upon what is permissible among the obligatory rulings and its major influence on facilitating things to Muslims. Moreover, the role of both the Palestinian and Jordanian Fatwa houses in dealing with issues with permissible rulings has received considerable attention.
The researcher also shows the compatibility between the two Fatwa houses in many cases considering the permissible ruling, owing this great compatibility to the geographic environment that gather them up, let alone the fact that they share the same case, worries, hope and pain.
The study presents the disagreement between scholars in regard of permissible ruling and whether it is one of the independent mandated rulings or included under the rest of the rulings, and whether it is called a "ruling" in an arbitrary spectrum or is it actually an independent one by itself. The research shows the extent of the two countries’ interest in following the Shafi’i approach in most of the cases that are presented to them, in order to keep the people in their accustomed manner in the two countries. That's because Palestinian and Jordanian mostly adopt the Shafi’i school, and this school would not have prevented the mitigation on people. Whenever the two fatwa houses find any difficulty or hardness in adhering to this school, they shift to other ones. However, its rare for this to happen.
The research shows the authenticity of the ruling in regard with what is permissible in ancient and modern books, especially because the permissible is one of the most common mandate rulings in fatwas, by God fortune.
The research also shows how the rulers and governors should act if they want to restrict a permissible ruling. The research gathered all the controls that the scholars talked about and that chart the way for rulers and governors with regard to restricting what is permissible in order to ensure that it is therefore God’s judgment and God’s judgment is not faced with restriction or dispatching from those charged except with conditions, and these conditions are set by scholars and specialists so that the Imam and the ruler do not lose the compass of guiding the subjects, so their restriction of what is permissible is based on lust and confusion under the pretext of politics and its necessities.
Finally, the researchers have reached recommendations and results regarding what is permissible on the one hand, the ruler on the other hand, and the role of fatwas on a third hand, in order to ensure the functioning of the Muslim community in accordance with the approach of the wise divine Sharia.
Description
This research entitled "the permissible ruling as an obligation and how fatwa houses deal with it" indicates that the permissible ruling is one of the obligations that are related to the capacity of optioning between acting or omission.
Throughout the research, the researcher touches upon what is permissible among the obligatory rulings and its major influence on facilitating things to Muslims. Moreover, the role of both the Palestinian and Jordanian Fatwa houses in dealing with issues with permissible rulings has received considerable attention.
The researcher also shows the compatibility between the two Fatwa houses in many cases considering the permissible ruling, owing this great compatibility to the geographic environment that gather them up, let alone the fact that they share the same case, worries, hope and pain.
The study presents the disagreement between scholars in regard of permissible ruling and whether it is one of the independent mandated rulings or included under the rest of the rulings, and whether it is called a "ruling" in an arbitrary spectrum or is it actually an independent one by itself. The research shows the extent of the two countries’ interest in following the Shafi’i approach in most of the cases that are presented to them, in order to keep the people in their accustomed manner in the two countries. That's because Palestinian and Jordanian mostly adopt the Shafi’i school, and this school would not have prevented the mitigation on people. Whenever the two fatwa houses find any difficulty or hardness in adhering to this school, they shift to other ones. However, its rare for this to happen.
The research shows the authenticity of the ruling in regard with what is permissible in ancient and modern books, especially because the permissible is one of the most common mandate rulings in fatwas, by God fortune.
The research also shows how the rulers and governors should act if they want to restrict a permissible ruling. The research gathered all the controls that the scholars talked about and that chart the way for rulers and governors with regard to restricting what is permissible in order to ensure that it is therefore God’s judgment and God’s judgment is not faced with restriction or dispatching from those charged except with conditions, and these conditions are set by scholars and specialists so that the Imam and the ruler do not lose the compass of guiding the subjects, so their restriction of what is permissible is based on lust and confusion under the pretext of politics and its necessities.
Finally, the researchers have reached recommendations and results regarding what is permissible on the one hand, the ruler on the other hand, and the role of fatwas on a third hand, in order to ensure the functioning of the Muslim community in accordance with the approach of the wise divine Sharia.
Keywords
the acceptable, limitations, issuing fatwa, fatwa, fatwa houses, ruler.