Rules for Objective Consideration of New Fatwas on Financial Transactions

Abstract

There is no disputing the profound impact of fatwa’s on both the individual and society, given its potential to preserve or compromise religious integrity, especially since it involves interpreting legal rulings originally issued by God. Thus, the mufti acts on behalf of God, and some scholars, including Al-Shatibi in his book Al-Muwafaqat, consider the mufti’s position to carry a responsibility comparable to that of the Prophet. Given this responsibility, some Muslim scholars refrain from issuing fatwas, with one even wishing the query had been directed to another. Their reluctance stems from a deep sense of piety and caution towards religion. However, since the source texts of Sharia law are limited in number yet hold infinite significance, and as calamities and issues continued to emerge, it was imperative that the mechanisms for interpreting and applying God’s law, evolved to effectively address these challenges. This necessity has led to the emergence of a group of diligent scholars equipped to tackle these issues and interpret God’s rule through rational reasoning, known as ijtihad.