Journal of Islamic Studies > Volume 28, No. 1, 2016

Effect of Wadh'iy Ruling on Fatwa Change / Yousof Salah Al-Deen Talib

The research investigates the effect of  Shari'ah's wadh'iy (pertaining to cause-effect relations and contextual conditions) ruling on the change of fatwa in the light of the general principles of rulings in relation to constancy and change. It aims to identify the scope of rulings that are subject to change. It also aims to give practical applications showing the impact of  wadh'iy aspect on fatwas". The research follows an approach that is both inductive and deductive. The research reveals significant results: the change of fatwa is identified in two areas; one area is concerned with rulings that are subject to ijtihad  revision, as in the case of  rulings based on convention and on interest; the other is concerned with ijtihad on establishing  the underlying broad principles  of  the rulings; and both areas are clearly affected by the wadh'iy factor.