The Nature of Changing Decision in Sunni Jurisprudence

Birashk, Hosein; Emami, Abdoulsalam

doi:10.30497/fiqh.2017.2281

The Nature of Changing Decision in Sunni Jurisprudence

Document Type : Original Article

Authors

Hosein Birashk ¹

Abdoulsalam Emami ²

¹ Assistant Professor of the Department of Fiqh and Islamic Law Foundations at Imam Sadiq(a.s) University

² PhD Student of Fiqh and Islamic Law Foundations at Tehran University

10.30497/fiqh.2017.2281

Abstract

In the Islamic branches, changing the judgment is one of the issues that religious ‎scholars have been argued in more details in contemporary and foretime. All the ‎Islamic branches have admitted the permission of changing juris consult’s legal ‎decision as a principle and in the point of view of that branches, juris consult can ‎back out from his decision.
Therefore, the main idea of the writer in this article is ‎that which factors are effective in changing decision. We analogy obtain factors form ‎the decision of jurisprudents and try to explain some jurisprudence examples.
In ‎general writer believe that two factors have effected changing decision in Sunni ‎jurisprudent: “1- changing the subject” and “2-receiving new evidences”.
These are ‎affected by some issues such as: 1- changing the age 2- changing the place 3- ‎changing the situation 4- changing the custom 5- changing in people’s ability and ‎facility 6- changing the opinions and point of views 7- changing in social, economic ‎and political circumstances 8- generality for involving the issues.

Keywords

Fatwa

Sunni Jurisprudence

Time and place Requirements

Changing Fatwa