Each school of Islamic jurisprudence has principles and rules upon which the diligent work in these schools is based. This is due to the view of sanctification of these rulings, as they are divine rulings. Therefore, the goal is to reach a ruling that represents the intent of the legislator as much as possible.
Hence, these schools of thought established rules for issuing fatwas with the intention of restricting the performance of a fatwa to the hands of those who are qualified for it and have met its conditions, so they gave priority to the most knowledgeable person over others to perform the fatwa. In the Hanafi school of thought, for example, the saying of Imam Abu Hanifa (may God have mercy on him) is given precedence over others, and when there is no saying of his, the saying of his student Abu Hanifa is given precedence. Yusuf, then the saying of Muhammad, then the saying of Zafar and Al-Hasan, and so on according to the aforementioned rule of prioritizing the most knowledgeable person over others, based on what is the principle in the rule of issuing fatwas. However, an exception may be made from this principle, prioritizing some of the sayings of someone who is preceded by someone who is more knowledgeable than him due to considerations that require this priority, such as interest, custom, and others. .
Hence, some of Zafar’s sayings were presented on the condition that they be the fatwa-based sayings in the Hanafi school of thought because they are more appropriate to the position, more beneficial to the people, and more beneficial in adopting them.
These issues were chosen for fatwa, some of them brought them to seventeen issues, or less or more, but the investigating Sheikh Ibn Abidin (may God have mercy on him) verified their number and brought them to twenty issues after dropping three issues, which were the property claim, the testimony of the blind person, and the will for a third of the money. The fatwa on it is different. Say exhale.
These twenty issues were organized by Ibn Abidin in his commentary (Returning the Confused to Al-Durr Al-Mukhtar) in (Chapter on Alimony) in verses that I explained and explained the jurisprudential issues in them and presented their rulings, in addition to what I have quoted here in terms of an explanation of one of the issues of this group from the book of Sheikh Muhammad Muhyi. Al-Din Abdul Hamid (Personal status in Islamic law).
MR Younus, Nasaq Journal, 2022
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