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Journal : International Journal of Social Science and Religion (IJSSR)

The Authority of Islamic Legal Fatwa: An Analytical Study of al-Qarāfī's Perspectives Suraji
International Journal of Social Science and Religion (IJSSR) 2025: Volume 6 Issue 1
Publisher : Indonesian Academy of Social and Religious Research (IASRR)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53639/ijssr.v6i1.325

Abstract

The tradition of madhhabs has been essential in shaping Islamic law, where the authority to issue fatwas guides Muslim communities and resolves legal issues. A crucial question concerns who legitimately holds this authority. This study examines the classical scholar al-Qarāfī's (626–684 AH/1228–1285 CE) contributions to fatwa authority, highlighting his flexible, integrative approach amid evolving legal needs. Using critical literature review and textual analysis, including al-Qarāfī's al-Furūq, the study explores the qualifications and limits of muftī and mujtahids, situating his views within historical debates on legal pluralism and madhhab adherence. Al-Qarāfī distinguishes two fatwa methodologies: qaulī (following authoritative madhhab opinions) and manhajī (employing ijtihad to derive new rulings). He permits qualified non-mujtahids (muqallids) to issue fatwas under certain conditions and classifies knowledge seekers (ṭālib al-‘ilm) into competency levels to define fatwa authority boundaries. His integrative model balances madhhab fidelity with flexibility, addressing tensions between orthodoxy and new legal realities. Al-Qarāfī's approach supports adaptive jurisprudence, recommending pluralism and methodological flexibility to meet modern Islamic law's complexities while preserving fatwa legitimacy.