Principles of issuing fatwa (usul al-ifta) in the Hanafi legal school :an annotated translation, analysis and edition of sharh uqud rasm al-mufti of Ibn `Abidin Al-Shami

Abstract

This work studies the Sharh `Uqud Rasm al-Mufti (An explication of the Chaplets on the Manual of the Mufti to Give Fatwa) of Ibn Abidin al-Shami (d. 1252/1836) which collects everyday principles a mufti should know to serve the fatwa-giving institution (ifta'). The principles in this treatise dwell around fatwa giving methods of the Hanafi legal school. The researcher edited and presented the Arabic text in the modern style with complete information of the works and scholars Ibn Abdin referred to with short titles and names. The text was translated into English and drew an analysis reflecting on the principles Ibn Abidin presented in the treatise. The work finds that a mufti is bound to give fatwa according to the preferred (rajih) opinion of a legal school or of a mujtahid. This principle gives assurance that the mufti is not giving fatwa according to his lust (hawa) or out of ignorance (jahalah). This principle is only feasible, if the mufti is an expert in knowing the hierarchy of the legal transmissions of the legal school, hierarchy of the scholars (fuqaha), and their works. He should know the different writing styles of the fuqaha and their method of compiling several legal opinions for a single issue. The mufti has to master the rectification codes such as sahih (correct opinion) and mufta bihi (opinion according to which the fatwa is given) and its hierarchy in choosing a legal opinion for his fatwa. Ibn Abidin's treatise does not discuss principles which only demand the mufti to be a bookworm, but there are principles which require the mufti to know the situation and circumstances of the mustafti. The mufti can only know the maslahah and darurah if he knows the custom (`urf) and habit of his people. The mufti cannot give fatwa according to an opinion which was based on some other people's custom to his people who follow their own sets of customs and habits. This may cause injustice and hardship to the people. Human need is an important factor and hence if the mufti has to give fatwa according to a weak or not preferred opinion of a legal school or a mujtahid, he can do so. Ibn Abidin's treatise is not the A-Z of the principles of giving fatwa, but it is a starting point to put the scholars on tract who intend to serve the institution of giving fatwa.