الشيخ المفتي محمد شفيع العثماني وإسهاماته في فقه النوازل : دراسة تحليلية نقدية

Abstract

This research undertakes the study, analysis and evaluation of a number of new and unprecedented events about which Shaykh Mufti Muhammad Shafi'al-'Uthmani had made ijtihad. The present researcher tries to compare his judgments and ijtihad on certain issues with other scholars' judgments to reach the preferred opinion. To do so, the research discusses 'Uthmani's methods to deal with new juristic issues. For this purpose, the research used inductive, analytical, critical, and comparative methods. The researcher concludes that Shaykh 'Uthmani applied a specific method when he addressed issues about which there is specific Shari' ah textual evidence, and that is: he studied texts of the Qur'an and hadith comprehensively; then, determined the intended meaning with the support from commentaries of the Qur'an. Moreover, he focused much on mentioning Hanafi scholars' opinions regarding the issues in question, in addition to other scholars' views. Shaykh al- 'Uthmani's made use of statements from classical texts in explicating the I:Ianafi position on issues about which he was asked to give fatwa. As for 'Uthmani's method to address new juristic issues, he gathered all verses and alhadith, and consulted with experts and Islamic scholars. Formation of a board to solve new juristic issues can be seen among one of 'Uthmani's efforts in this regard.