"Summary of the research:

This research aims to establish a comprehensive theoretical framework for the critique of fatwas (Islamic legal opinions), starting from its terminological and historical context, through its legitimacy and reasons for critique, to its methodology and function. This need for criticism is critical in an era where unqualified pretenders have intruded this practice, resulting in numerous anomalies and misleading opinions. The dissertation concluded that:

1. The critique of fatwa in our time is predominantly characterized by a objectives-based (maqasidic) approach, due to two reasons: the widespread acceptance and study of maqasid (objectives of Shari’a), and the fact that many fatwa errors stem from circumventing the Sharia or concentrating excessively on literalism.
2. One of the prominent sources of error in fatwa application is neglecting to achieve the specific context or cause (tahqiq al-manat). One of its most prominent manifestations is neglecting the unique circumstances of a particular case, The Mufti (Islamic jurist) may be asked about a specific cause that involves certain indications and circumstances that require an answer based on that specific cause. However, the Mufti may overlook those circumstances and issue a fatwa based on the general cause without considering the consequences of this answer, putting the inquirer (mustafti) in a difficult situation that deprives them of their legitimate interests."