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In Allah's name, Compassionate, Merciful.

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Praise be to Allah, Lord of the worlds.

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And blessings and peace be upon
the best of prophets and messengers.

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Our Prophet Muhammad ﷺ, and upon
his family and all his Companions.

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At the beginning of this seminar,
I praise Allah ﷻ.

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for making this blessed gathering
possible for us

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in the Mosque of the Messenger
of Allah ﷺ.

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I also extend my thanks and prayers.

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to the Custodian of the Haramain,
King Salman bin Abdulaziz.

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for his gracious patronage.

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For this blessed seminar.

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Thanks as well to him, HA

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and to His Highness the Crown Prince
for their care

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for all that uplifts Islam and Muslims.

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And special care for the Holy Haramain.

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I also extend thanks
to the Presidency of Religious Affairs.

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at the Grand Mosque
and the Prophet's Mosque.

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headed by His Excellency
Sheikh Dr. Abdulrahman Al-Sudais.

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And all those working
in this presidency.

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I am also honored in this gathering
to be with our shaykh.

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His Excellency Sheikh Salih
bin Abdulaziz Aal al-Shaykh.

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from whose knowledge I benefited
greatly, as well as from his

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demeanor and guidance.

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I ask Allah to reward him
on our behalf with the best reward.

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Since what is required in this meeting
and in this seminar is brevity.

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And to explain the most important
points in the paper.

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So I seek Allah's ﷻ help
and hope to be granted success.

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to present the most important points
contained in this paper, as time allows.

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In the submitted paper.

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for the seminar, I found it
appropriate to explain.

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before mentioning the
guidelines for changes in fatwa.

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Some remarks that I consider
important.

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And they are as follows.
The first point.

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concerns the stability of Sharia rulings.

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For among Allah's blessings on this Ummah.

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that He perfected their religion
and preserved it for them.

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Allah ﷻ said, "Today I perfected
your religion for you."

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"And completed My favor upon you,
and approved for you Islam as religion."

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And this verse indicates
Sharia's perfection and permanence.

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It does not alter or change
with the change of time.

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and circumstances.

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Therefore, Imam al-Zarkashi RH said.

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Every ruling established for us
by the word of Allah or His Messenger.

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or by consensus or analogy
it remains until the Day of Resurrection.

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The second point.

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The difference between
the legal ruling and a fatwa.

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The legal ruling.

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As the scholars defined it, it is
Allah ﷻ's address.

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regarding accountable acts:
demand, choice, or designation.

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As for the fatwa, it is informing
about the ruling of Allah ﷻ.

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regarding a matter asked about
in Sharia and clarifying it to the asker.

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It is non-binding: applying
the legal ruling to the asker's case.

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Therefore, the Islamic
Fiqh Academy defined it.

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as stating the Sharia ruling
when asked about it.

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And it may be without a question:
stating a ruling on a new case.

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To correct people's situations
and conduct.

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And usually, a fatwa is what is
tied to a particular situation.

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And a specific issue
for one person is exempted.

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from a legal ruling. Thus, a fatwa
applies the ruling to people's cases.

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As for the third point, it concerns
the definition of the guideline.

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Scholars differed over the guideline's
definition and concept, in two opinions.

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The first is that the criterion
equals the maxim, with no distinction.

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The second defined the fiqh guideline
as distinct from the legal maxim.

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Among these definitions is
that of Taj al-Din al-Subki, who said.

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What is usually specific
to one chapter and meant to

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organize similar cases
is called a guideline.

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An example of that is:
The default for water is purity.

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Now, in the time left, I will mention
to you key guidelines on changing fatwa.

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The first guideline is that
a changing fatwa be issued by specialists.

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And the specialists are
the scholars, councils, and bodies.

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scholarly.

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Thus, the scholar who issues fatwas.

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Or a member of scholarly councils
and bodies must be.

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well-grounded in the Quran and
the Sunnah, and Arabic sciences.

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and possess the known conditions
of ijtihad.

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The second guideline: No fatwa may
contradict the Quran and Sunnah.

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The point is that the fatwa under
review not be fixed by a text.

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Sharia rulings established by the
Quran and Sunnah do not change with time.

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nor with changing circumstances.
Rather, it is the fatwa itself.

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changes based on Sharia grounds and causes
and valid interests per Book and Sunnah.

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So the fatwa must not change.

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If the change goes against a text
from the Noble Quran or a hadith.

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a Prophetic hadith that is
authentic and explicit,

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or mutawatir, or definitive in
meaning. The third guideline.

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It must not oppose a matter agreed upon.

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That is, the fatwa under review
must not oppose an established consensus.

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For the Ummah does not unite
upon misguidance.

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Thus, if the issue under review
is one on which there is consensus,

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among the Ummah, it is not
reconsidered.

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So whoever opposes the Ummah's
consensus on a given issue,

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His fatwa is deemed anomalous
and is given no weight.

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Hence, Imam al-Sarakhsi said.

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Consensus yields certain
knowledge, like a text.

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Just as it is not permissible
to leave the text for an opposing opinion.

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Nor is it permissible to oppose
consensus with an opinion.

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that arises after consensus is
established by its proof.

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Therefore, consideration is given
to issues related to changes in fatwa.

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These are the issues
where disagreement is permissible.

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The fourth guideline: sound analogy.

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This means the fatwa under
consideration must rely on sound analogy.

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Accordingly, a fatwa is not
properly grounded

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if the analogy rests on a
non-Sharia basis.

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or if there is a relevant
difference in the analogy

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between the original case
and the new case.

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or that the effective cause be
unstable, ill-defined, and unsound.

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Or if:

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the precedent case is a specific
case or state, not general.

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The fifth guideline
is to consider outcomes.

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So that changing the fatwa
does not lead to greater harms.

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Considering outcomes means noting
what an act leads to after it occurs.

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what follows from it and the
effects that result from it,

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and it is based on a key
principle: blocking the means.

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It is related to examining the
outcomes of the fatwa

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when it changes, and the
harms that result from it.

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Imam al-Shatibi says of outcomes.

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A difficult field
for the mujtahid.

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Yet it is sweet in taste
and worth envying.

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Proceeding according to the
objectives of the Sharia.

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The sixth guideline: a fatwa must
not conflict with Sharia's objectives.

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Using objectives when fatwas change
is an important basis.

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to apply Sharia rulings
in light of their objectives.

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Nor should it cause

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a change in fatwa
to clash with Sharia's objectives.

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The objectives of Sharia are the basis
for muftis in new cases and developments.

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In every time and place, it is essential.

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For every mufti and mujtahid
to be aware of them.

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Imam al-Shatibi said.
The rank of ijtihad is attained.

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Only by one with two qualities.
One is understanding Sharia's objectives.

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in full; and second, the ability
to infer based on that understanding.

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The seventh and final guideline.

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that the fatwa takes into account
changes in time, place, and circumstances.

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And it is well known
that times change.

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This results in changes in
circumstances and customs in each country.

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Views also change
from country to country

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by locale.

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And changes in custom
are tied to changes in time.

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So what was customary at one time may.

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changes and is no longer deemed
custom at another time.

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Imam al-Qarafi says.

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Applying custom-based rulings
when customs change is against consensus.

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and ignorance in religion.
Rather, all.

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Everything in Sharia follows custom.

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The ruling therein changes when
customs change to what they require.

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the newly arisen custom.

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Then he said, "It is not even
required that the custom change.

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Rather, even if we left that land

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for another land whose customs differ
from those of our former land.

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we would issue fatwas
by their land's custom,

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not our former land's.

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Likewise, if someone comes to us
from a land whose custom is opposed.

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to the land we are in, we would not
issue him a fatwa.

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Only according to his land's custom,
not our land's custom.

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End of his statement. RH.

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A mufti must also examine an issue
of changing time, place, state, custom.

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Therein: the benefits
and maximizing them.

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and averting harms
and minimizing them.

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This is a summary of the paper
I presented at the seminar.

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Thank you for your attentive listening.

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May Allah's peace and blessings
be upon our Prophet Muhammad ﷺ.

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[Birds chirping.]