The impact of the Mufti's drawing on the formation of Islamic jurisprudential rulings, as stated by Ibn al-Karaki in his book "Fayd al-Mawla al-Karim 'ala Ubaydah Ibrahim."

أثر رسم المفتي في بناء الأحكام الفقهية

Abstract

Summary

Objectives:

The study aimed to clarify the rules of fatwa formulation used by the renowned jurist ʿAllāmah Ibrāhīm ibn ʿAbd al-Raḥmān ibn Muḥammad, known as “Ibn al-Karakī,” in his book "Fayḍ al-Mawlá al-Karīm ʿalá ʿUbaydih Ibrāhīm", and to demonstrate how these rules are applied practically in juristic branches. It also aimed to distinguish sound issues from weak ones, preponderant opinions from less reliable ones, and to show how rulings change due to custom, time, necessity, or widespread affliction. Furthermore, the study highlights the impact of these rules on constructing juristic rulings.

Methodologies:
The study followed the following methodologies:

Inductive method: by tracing all the juristic issues mentioned by the author in his book.

Analytical method: by comparing the author’s rulings with the adopted views in the Ḥanafī school.

Deductive method: by extracting results and determining the rules of fatwa formulation based on the analysis and induction of the author’s issues compared to the adopted positions in the school.

Results:
The study arrived at several key findings, the most important of which are:

Clarifying the significance of the science of fatwa formulation for the mujtahid (jurist) in constructing rulings and addressing contemporary issues.

Emphasizing the importance of applying fatwa principles when implementing texts in real-life contexts.

Demonstrating how changing customs affect rulings, how widespread hardship influences legal decisions, and how necessity can override analogy (qiyās).

Showcasing Ibn al-Karakī’s proficiency in deriving legal rulings.

Highlighting the significance of the book Fayḍ within the Ḥanafī school, as evidenced by its citation by key Ḥanafī scholars such as Ibn Nujaym al-Miṣrī in al-Baḥr al-Rā’iq Sharḥ Kanz al-Daqā’iq, Shaykhīzādah in Majmaʿ al-Anhur Sharḥ Multaqá al-Abḥur, and the final authority of the school, Ibn ʿĀbidīn in Radd al-Muḥtār ʿalá al-Durr al-Mukhtār, among others.

Recommendations:
The study recommends greater attention be given to the science of fatwa formulation rules due to its importance in applying rulings to real-life cases and in aligning legislation with contemporary developments. It also recommends further scholarly focus on the book of Ibn al-Karakī (may Allah have mercy on him) and careful study of the adopted positions within the Ḥanafī school to aid scholars in understanding how to engage with juristic texts and navigate the differences among scholarly opinions.