In the Name of Allāh,

the Entirely Merciful, the Especially Merciful

Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.

Resolution No. 104 (7/11)

Ways of Making Use of Nawāzil (Fatāwā)

The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 11th session in Manama, Kingdom of Bahrain, on 25–30 Rajab 1419h (14–19 November 1998),

Having examined the research papers submitted to the Academy concerning

Ways of Making Use of Nawāzil (Fatāwā),

Having listened to the discussions on the subject,

Resolves

1. Making use of the heritage of jurisprudential fatāwā (eg. fatwā, fiqh al-nawāzil) with all their forms to find solutions to contemporary issues, whether in relation to the methodology of iftā under the general rules of Ijtihād, Istinbāṭ (inference), takhrīj (extraction) and Fiqh maxims, or in relation to the Fiqh branches which fuqahā (fiqh scholars) had previously dealt with in issues similar to the practical applications of their times.
2. Academic editing of the most important Fiqh books, and reviv- ing the auxiliary Fiqh manuals, such as al-Tanbīhāt ʿala al-Mudaw- wanah (Commentary on Fiqh Codes) by al-Qāḍī Iyāḍ, al-Barnāmaj (Curriculum) of Sheikh Adhoom, Fatāwā of al-Imam al-Ghazzālī, Taqwīm al-Naẓr (Strengthening Observation) by Ibn al-Dahhān, and other books dealing with practices of Madinah in the Malikite school as well as of its scientific capitals, such as Fes, Kairouan and Cordoba, in addition to al-Maʿrūḍāt (Exhibits) by Abū al-Suʿūd, and such other works which are a way of highlighting the vitality of
3. Preparing an in-depth book clarifying the principles of Iftā and the meth- odologies of Muftīs, the terminology of the different schools of Fiqh, the methods of tarjīḥ (preponderance) and takhrīj (extraction) in each school of Fiqh (madhāhib), including the collection of common practices within the Malikite and other schools of Fiqh, as well as publishing al-Madkhal ilā fiqh al-Nawāzil (Introduction to the Fiqh of Contemporary Issues) authored by the President of the

208

4. Introducing other Fatwa books as part of the planning for Maʿlamah al-Qawāʿid al-Fiqhiyyah (Encyclopedia of Fiqh Maxims) to facilitate ac- cess to the maxims on which the fatwās are based but which are not often included in Fiqh writings.

Recommendations

1. Extreme caution should be taken against the fatwas that are not backed by a Shariah principle or not based on Shariah-accepted evidence but are rather based only on an illusional benefit disproved by Shariah and stem- ming from fancies and influenced by circumstances and customs that are in conflict with the principles, rulings and purposes of
2. Calling on Iftā workers, namely Muftīs, authorities, and committees, to take into consideration the resolutions and recommendations of Fiqh Academies, in order to regulate, coordinate and unify fatwās in the entire Muslim
3. Restricting the issuance of fatwās to scholars known for their knowledge, scholarship, righteousness, and piety of Allāh the

4. Those who issue fatwās should respect Iftā rules stipulated by scholars in this regard, namely:

   1. Abiding by the legal proofs of the Quran, Sunnah, Ijmāʿ, Qiyās (legal analogy), and other proofs of Shariah, in addition to abiding by the rules of Istidlāl (establishing evidence) and those of Istinbāṭ (inference).
   2. Giving due attention to the order of priorities in the realization of benefits and the elimination of evils.
   3. Taking into consideration the jurisprudence of reality (fiqh wāqiʿ), customs, changes of situations, and the time conditions, which do not contradict a principle of Shariah.
   4. Keeping pace with the developments of modern civilization by combining genuine public interests with due respect to the provisions of

Indeed, Allāh is the Giver of success.