الفتوى السياسية في ظل الدولة الحديثة: بحثٌ في المفهوم والتحديات

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Abstract (English)

Abstract: The position of issuing fatwas and the role of the mufti have held a high status throughout Islamic history, as they serve as conveyors of the rulings of the Lord of the Worlds. Issuing fatwas has been a crucial element in the lives of Muslims.  One of the distinctive features of the phase of the Ummah (Islamic Nation) was that Sharia Law, with its legal and ethical dimensions, was always the governing authority in the social and legal levels. Sharia Law was strongly present in the conscience of the subjects. However, the modern era, with the emergence of the modern state as the model to govern the state and society, has introduced important influences on the field of jurisprudence in general, and specifically on the field of political fatwas. This research aims to provide a concise study of the concept of political fatwas, their historical context, and the key challenges they face in the modern state. The research seeks to emphasize that the transformation of the nature of the state between classical and modern eras is one of the crucial factors that must be considered during the process of ijtihad in issuing a political fatwa. It also underscores the importance of addressing the challenges that political fatwas encounter in the modern state. It is imperative to develop a sound perspective on reevaluating the principles of issuing fatwas, their nature, and their role, taking into account the new contexts imposed by the logic of the modern state and the changes that have affected the structure, institutions, and agencies of the state. This will enable us to provide a more accurate response to the question concerning the role of the mufti in the modern world.

Keywords: Fatwa, Political Fatwa, "ummah" (nation), National State, Modern State.