منهج الإفتاء عند الإمام النووي

Abstract

This thesis aims at revealing the features of Imam al-Nawawi’s methodology in fatwa and to show the academic value of his writings. The researcher illustrated the history and methodology of fatwa, with reference to al-Shafi-i school of legal thought. In order to distinguish Imam al-Nawawi’s methods in fatwa the researcher made a comparison in selected issues between his fatwas and those of great scholars of al-Shafi-i school. The researcher used historical and descriptive methods to study the political and social circumstances in the era of Imam Nawawi. Inductive and analytical methods were used to review his numerous comments and fatwas and to compare them with those of selected great scholars of al-Shafi-i school. The research was concluded with the following findings: His position in fatwa with regards to the issue of Jihad was firm, though, he never was directly involved in political turmoil. Works and great comments of Imam alNawawi had left an obvious impact on scholars such as al-Khatib al-Shirbini and al- Husaini al-Hisni who in many cases tended to prefer his legal opinions. A general methodology of Imam Nawawi in fatwa on theoretical level is harmonious in details with the methodology of al-Shafi-i school which can easily be inducted from his writings. On practical level he was committed to the framework of al-Shafi-i school except in some rare cases in contrast to al-Shahrazuri, al-Iz bin Abdussalam and al-Suyuti whose position was lenient about the framework of al-Shafi-i school. The policy of Imam alNawawi in fatwa regarding some specific issues reflects an impact of the political and social conditions on his methodology but without going beyond the general borderline of al-Shafi-i school.