Bakaram, Mohamed Fatris (2010)
Ph.D. thesis, University of Birmingham.
This research aims to identify the legal theories developed and employed by the jurists of the Shāfi‘ī school of law for the purpose of issuing fatāwā. It intends to shed light on how these jurists understand the term iftā’, and what are the elements in their view that constitute the legal framework that they utilize for iftā’. This research also attempts to determine the differences between iftā’ and the general process of formulating legal rulings by way of ijtihād, and the factors of consideration that may result in the existence of such a differentiation. This research argues that the existing legal discourse within the Shāfi‘ī madhhab has not rendered due attention to the significance of iftā’, and thus there exist a dearth of literature within the madhhab on the legal theories of iftā’. This research also analyzes examples of fatāwā issued by the Singapore Fatwa Committee with the aim to comprehend how the legal theories of iftā’, lacking they may be within the legal deliberations of the Shāfi‘ī madhhab, have an influence on the iftā’ institution of the state and the fatāwā it issued.
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