Abstract
The Issues Left to the Opinion of the Questioner in the Hanafi School of Thought are Their Causes and Their Jurisprudential basis
It is clear to every researcher in Islamic jurisprudence that the term of "leaving the fatwa to the afflicted person’s opinion” has spread. Through this research, some of the topics related to the term of “leaving the fatwa to the afflicted person’s opinion” have been followed. Some of the terms in this research have been clarified, such as the Mufti, the Fatwa, who is the afflicted person, what are the fundamentals which derived sub-topics from. The fundamentals of the Hanafi school would be base of this research. It seems there are two main reasons of this approach of leaving fatwa to the afflicted person’s opinion. First of all, the issue is referred to ‘Urf (the custom), such as; knowledge of a educated dog and the amount of definition of the shot. Secondly, there is no definitive evidence in this regards, such as; knowledge of lots of water to be defiled by impurity and number of the actions during praying (Salah). Some important questions were answered in the research, such as; Why are these issues left to the afflicted person’s opinion? And why did some of the Hanafi scholars give fatwas about it, even though what is adopted in the Hanafi school is the leaving it to the afflicted person’s opinion?
Keywords
Hanafi school, Mufti, Principles of Islamic jurisprudence, Fatwa, Urf
