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Jordan Journal of Islamic Studies

Jordan Journal of Islamic Studies

Abstract

This study seeks to recognize the reality of "the abstain" according to the fatwa, and to identify its impact on their reasoning. The study has concluded that The abstain according to the Jurisprudences is not to no to say someone's opinion in such jurisprudential issue; because of non-appearance of the right solution concerning it. Also the study had detected that there are many reasons for " the abstain"; the most important of them are when the evidences don't appear vividly to the scholar, and sometimes the contradiction that occurred between the evidences, and sometimes the scholar abstains for doing more investigation and searching; when there are lot of similar things concerning the issue problem. The work have found out that there are some resulting impacts depend on "the abstain"; one of the most important of them is the inference from the opinion of the first scholar sect; in order to recognize the issue that he abstained on it. Finally; this paper research has supported the matter that Fatwa issuing is has an enormous importance; so the scholar must be sure before giving his opinion in such issue.

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