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The problem of anomalous (<i>shazz</i>) fatwas in Islamic Law
Author(s) -
М. А. Аль-Захрави,
Р. А. Гиззатуллин
Publication year - 2021
Publication title -
minbar. islamic studies/minbar. islamskie issledovaniâ
Language(s) - English
Resource type - Journals
eISSN - 2712-7990
pISSN - 2618-9569
DOI - 10.31162/2618-9569-2021-14-2-411-424
Subject(s) - mistake , revelation , sharia , islam , law , political science , philosophy , position (finance) , theology , economics , finance
Based on the analysis of Sunni jurists’ classical and modern works, the article considers the provision on abnormal ( shazz ) fatwas – religious decisions that contradict either the unambiguous provisions of the sacred primary sources, or the agreed position of authoritative theologians ( ijma ’), or the goals ( maqasid ) of sharia or of a common sense. The work provides various examples of such fatwas in the early history of Islam, the era of the formation of classical theological and legal schools of thought ( madhhabs ) and modern times. In conclusion there is information about the reaction and attitude of the mufti, who issued the abnormal fatwa, to the case of a mistake revelation. Moreover, the article provides the explanation of his actions being legal or illegal due to his abnormal theological and legal decisons.

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