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Islamic Finance


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Fatwa Alsahabi


A fatwa that was issued based on consensus reached by companions (sahaba) of the Prophet (pbuh), particularly the four orthodox Caliphs (Abu Bakr, Omar, Othman, and Ali). Those companions had access to the Prophet as they joined and accompanied him during his lifetime in all situations and states of affairs, and thus were able to obtain first-hand knowledge and understanding of the circumstances and particulars that surrounded the revelation of the Quran. Accordingly, they were capable more than other followers to perform ijtihad (reasoning) and to give fatwas on the problems and questions people encountered at the time.

This type of fatwa (in Arabic script فتوى الصحابي) principally comes in two guises: an absolute one which cannot be subject to any further opinion by other scholars and jurists (and therefore it is treated as a source of final ruling (directly reported from the Prophet), and considered to be preceding qiyas (analogy) as a source of shari’a. The other is a relative one that is subject to others’ opinion and deliberations. In turn, the latter has two forms: an implicit (silent) consensus (al-ijma’a al-sukuti) and a partial/opposed consensus (an ijma’a that is not complete because some companions were of opposite opinion).

An example of fatwa alsahabi is the consensus on the “pecking order” according to which a deceased’ wealth would be distributed; sahaba agreed to give priority to extinguishing his debt before executing his will.


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