İbnü’s-Salâh’in Fetva Usûlünün Bazi Temel Meseleleri̇ne Dai̇r Değerlendi̇rmeleri̇

Abstract

This article discusses Ibn al-Salah 's (d. 643/1245) views on some matters of the fatwa method. The subject of the article is limited to the conditions and traits that mufti must have, the provision of giving fatwa, the situations where giving fatwa is unfavorable returning from the fatwa, etc. The titles of adab that the mufti and counselee consider in the fatwa are excluded. The main purpose of the article is to determine and analyze Ibn al-Salah 's views on the subjects mentioned. In this study, in which qualitative research method was used, the subject of fatwa method and other works of Ibn al-Salah were investigated thoroughly. In addition, classical and contemporary works related to the subject were also reviewed. Ibn al-Salah stated that the issue of fatwa is very important. He emphasized that there are risks as well as the importance of the fatwa. Ibn al-Salah has generally complied with the views of scholars regarding the conditions sought in the mufti. However, he deemed it necessary to have a credibility requirement in the mufti, thus, he is separated from many scholars on this subject. It has been reached the idea that Ibn al-Salah, which seems to attach great importance to wisdom, follows a facilitating way in the qualities required to be mufti, especially in case of ijtihad. İbnü's-Saâh has required the mufti to have either an independent or dependent ijtihad license. However, in the following periods, he stated that fatwa activity remained to the dependent mufties. He has identified five different mufti classes in total. According to him, imitation is not a real mufti. Therefore, muqallid is not an mufti, fundametally. For this reason, the answer given by the muqallid mufti is not fatwa. Ibn al-Salah has dealt with various issues in the context of the license of mufti. He pointed out that being in a hurry about fatwa can have harms. For this reason, the mufti must be meticulous about answering the questions. Especially, if there are other mufties that can answer the question, he should direct the counselee to them. However, in the absence of anyone else to answer the questions, he should not avoid responsibility. Because giving fatwa is fard to the competent mufti. On the other hand, Ibn al-Salah stated that it is not right to answer in some inappropriate situations. Considering his efforts in the area of fatwa procedure, it was determined that Ibn al-Salah influenced many scholars. These effects were not limited to his own sect. As a result, he gained a rightful reputation in the field of fatwa procedure. It is an undeniable fact that the book of Edebü'l-muftî ve'l-müsteft, which is the first independent fatwa method work that has survived to this day, is also effective. Quoting a lot in this field from Ibn al-Salah is one of the indicators of this fame. Considering his evaluations, it can be said that Ibn al-Salah contributed seriously to the fatwa method field. The fatwa method, which has been seen to be maturing late compared to other branches of fiqh, has improved considerably as a result of ...