Salem 'alaykoum wa rahmatoullah wa barakatou.
Le terme "fatwa" signifie étymologiquement "clarifier", "expliquer" où répondre à une question sur la pratique de la religion. Dans la terminologie, c'est une opinion ou une décision, concernant la doctrine ou le droit religieux, émise et rendue publique par une autorité reconnue, souvent un moufti.
Les fatwas concernent souvent des cas nouveaux qui n'ont pas été élucidés par le Coran ou la Sounna, qui représentent les deux sources fondamentales de la législation musulmane. La fatwa est conditionnée par le temps et le lieu de sa prononciation : en divulguant une fatwa sur une question particulière, le moufti doit prendre en considération le pays où il se trouve, l'époque dans laquelle il vit et il doit se référer par ordre de priorité : au Coran, à la Sounna, à la pratique des premiers musulmans, aux usages et coutumes pratiqués dans la société et qui sont compatibles avec l'Islam. C'est ce qu’exigent les règles de la jurisprudence islamique.
En consultant toutes ces sources, le moufti use de son raisonnement et déploie un effort personnel pour déduire des règles, comparer les situations, clarifier des expressions et surtout opter pour une opinion ou adopter une décision, sans entrer en contradiction avec les paroles d'Allah écrites dans le Coran ou avec les sources authentiques de la Tradition. C'est pourquoi, le Moufti doit être avant tout compétent, de par sa connaissance en matière de religion et par sa connaissance du domaine dans lequel se situe la question de la fatwa ; par exemple, il ne peut prononcer une fatwa concernant des questions financières sans faire appel à un spécialiste dans le domaine des finances et de l'économie.
Le Moufti est donc un Moujtahid, c'est à dire qu'il pratique l'Ijtihad. L'ijtihad signifie l'effort personnel, le raisonnement indépendant, la pensée analytique. Il peut inclure l'interprétation des textes fondamentaux pour y extraire des règles, ou la prononciation d'un verdict ou d'une décision sur une question donnée sur laquelle le Coran ou la Sounna ne statue pas clairement. Cela ne consiste pas bien entendu à transformer la Loi et à l'adapter à la convenance des hommes. Il s'agit, par cette démarche intellectuelle, d'apporter une réponse quant à la manière d'appliquer la Loi aux situations actuelles, chaque fois que les nécessités l'exigent.
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