{"title":"法特瓦及其在解决穆斯林国家社会政治问题中的调节作用","authors":"Bakhrom Mamadiev","doi":"10.47980/iiau/2021/3/1","DOIUrl":null,"url":null,"abstract":"The article reveals the concept and meaning of\na fatwa in modern Muslim countries. Islamic jurisprudence\ndoes not always provide direct answers to questions that arise\nin the new conditions of life, but this does not mean that\nSharia norms are outdated. Modern scholars argue that for\nanswers to questions in Sharia, we need to be able to correctly\nextract them and have the entire spectrum of knowledge, from\ntheological to the most modern. A fatwa can be an individual\nopinion of a Muslim jurist or an expression of the collective\nopinion of a group of experts or a special body.\nWhen assessing the significance of the fatwa, we have\nto take into account the legal system of the state under\nstudy. From the point of view of legal significance, fatwas\nare divided into 1) having legal significance - this applies\nto countries where legislation is based on Sharia; 2) having\nlimited legal force - this form of fatwas is common in countries\nwhere Sharia regulates certain areas; 3) those that are of a\nrecommendatory nature and have no legal force - they are\ncommon in countries where religion is separated from the\nstate.\nModern governments and Islamic clergy work closely\ntogether on various social and political issues. In Muslim\nstates with secular legislation, the fatwa is advisory. In almost\nall Muslim countries, fatwa institutions work closely with\ngovernment agencies. Coordination on the part of government\ndepartments of this religious body is in demand because there\nare many facts of the publication of fatwas by uncontrolled\nulema, which led to social and political contradictions.\nIn the arena of internal political intrigue, fatwas play\na regulatory role in exerting a directed influence on the\nconsciousness of the mass of people to maintain stability,\nprevent conflicts, and sometimes strengthen power. In the\nmodern history of many Muslim countries, there are many\nexamples of solving domestic and foreign policy problems\nwith the help of the institution of fatwas.","PeriodicalId":180207,"journal":{"name":"The Light of Islam","volume":"80 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"FATWAS AND THEIR REGULATORY ROLE IN RESOLVING SOCIO-POLITICAL ISSUES IN MUSLIM COUNTRIES\",\"authors\":\"Bakhrom Mamadiev\",\"doi\":\"10.47980/iiau/2021/3/1\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article reveals the concept and meaning of\\na fatwa in modern Muslim countries. Islamic jurisprudence\\ndoes not always provide direct answers to questions that arise\\nin the new conditions of life, but this does not mean that\\nSharia norms are outdated. Modern scholars argue that for\\nanswers to questions in Sharia, we need to be able to correctly\\nextract them and have the entire spectrum of knowledge, from\\ntheological to the most modern. A fatwa can be an individual\\nopinion of a Muslim jurist or an expression of the collective\\nopinion of a group of experts or a special body.\\nWhen assessing the significance of the fatwa, we have\\nto take into account the legal system of the state under\\nstudy. From the point of view of legal significance, fatwas\\nare divided into 1) having legal significance - this applies\\nto countries where legislation is based on Sharia; 2) having\\nlimited legal force - this form of fatwas is common in countries\\nwhere Sharia regulates certain areas; 3) those that are of a\\nrecommendatory nature and have no legal force - they are\\ncommon in countries where religion is separated from the\\nstate.\\nModern governments and Islamic clergy work closely\\ntogether on various social and political issues. In Muslim\\nstates with secular legislation, the fatwa is advisory. In almost\\nall Muslim countries, fatwa institutions work closely with\\ngovernment agencies. Coordination on the part of government\\ndepartments of this religious body is in demand because there\\nare many facts of the publication of fatwas by uncontrolled\\nulema, which led to social and political contradictions.\\nIn the arena of internal political intrigue, fatwas play\\na regulatory role in exerting a directed influence on the\\nconsciousness of the mass of people to maintain stability,\\nprevent conflicts, and sometimes strengthen power. In the\\nmodern history of many Muslim countries, there are many\\nexamples of solving domestic and foreign policy problems\\nwith the help of the institution of fatwas.\",\"PeriodicalId\":180207,\"journal\":{\"name\":\"The Light of Islam\",\"volume\":\"80 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-12-19\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The Light of Islam\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.47980/iiau/2021/3/1\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Light of Islam","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.47980/iiau/2021/3/1","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
FATWAS AND THEIR REGULATORY ROLE IN RESOLVING SOCIO-POLITICAL ISSUES IN MUSLIM COUNTRIES
The article reveals the concept and meaning of
a fatwa in modern Muslim countries. Islamic jurisprudence
does not always provide direct answers to questions that arise
in the new conditions of life, but this does not mean that
Sharia norms are outdated. Modern scholars argue that for
answers to questions in Sharia, we need to be able to correctly
extract them and have the entire spectrum of knowledge, from
theological to the most modern. A fatwa can be an individual
opinion of a Muslim jurist or an expression of the collective
opinion of a group of experts or a special body.
When assessing the significance of the fatwa, we have
to take into account the legal system of the state under
study. From the point of view of legal significance, fatwas
are divided into 1) having legal significance - this applies
to countries where legislation is based on Sharia; 2) having
limited legal force - this form of fatwas is common in countries
where Sharia regulates certain areas; 3) those that are of a
recommendatory nature and have no legal force - they are
common in countries where religion is separated from the
state.
Modern governments and Islamic clergy work closely
together on various social and political issues. In Muslim
states with secular legislation, the fatwa is advisory. In almost
all Muslim countries, fatwa institutions work closely with
government agencies. Coordination on the part of government
departments of this religious body is in demand because there
are many facts of the publication of fatwas by uncontrolled
ulema, which led to social and political contradictions.
In the arena of internal political intrigue, fatwas play
a regulatory role in exerting a directed influence on the
consciousness of the mass of people to maintain stability,
prevent conflicts, and sometimes strengthen power. In the
modern history of many Muslim countries, there are many
examples of solving domestic and foreign policy problems
with the help of the institution of fatwas.