This thesis is a study of Ibn Qayyim's approach to the fatwa as defined in his $I sp{c}l bar am al$-$Muwaqqi sp{c}in.$ This treatise deals primarily with the role of the mufti/ the procedure of issuing a fatwa and the necessary sources for a fatwa. Lawful application of these criteria ensures a proper and viable fatwa. Ibn Qayyim, however, highlights the misuse of fatwas, specifically those on hiyal. By questioning this misapplication, Ibn Qayyim hoped to redefine the entire use of the fatwa in Islamic jurisprudence. This argumentation is supplemented by a section addressing the dynamic essence of the fatwa. By examining the underlying $ sp{c}illa$ of a ruling and the maslaha as the main goal of its application, Ibn Qayyim believed that most rulings were, in some way, influenced by the surrounding elements of time and space. If the $ sp{c}illa$ changed due to changing circumstances, Ibn Qayyim surmised that the fatwa itself could undergo changes. This line of discourse helped establish the fatwa as an adaptable tool of law, further indicating the ability of Islamic law to accommodate unprecedented situations.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.22611 |
| Date | January 1995 |
| Creators | Nurbain, Nawir Yuslem |
| Contributors | Hallaq, Wael B. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Arts (Institute of Islamic Studies.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001460420, proquestno: MM05410, Theses scanned by UMI/ProQuest. |
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