Fatwa method in the Shafi sect

Fatwa, which is known as the answer explaining the religious-legal judgement of a fiqh issue, must be given in a certain discipline. In the classical fiqh literature, the procedures and principles to be followed by the mufti while issuing a fatwa were expressed with concepts such as edeb al-fatwa, âdâb al-mufti, resmi al-mufti. As the sects took root in Islamic society, each sect developed its own fatwa procedure, and a hierarchical structure was formed regarding the opinions to be preferred or the sources to be consulted. The Shafi'i jurists also formed the hierarchy of their own sect in the fatwa procedure. Accordingly, Rāfi'ī and al-Nawawī, who are known as "sheikhayn" in Shafi'i jurisprudence and who came after Imam al-Ghazālī, came to the fore as two key names of Shafi'i fatwa procedure. Ibn Hajar al-Haythamī, Shams al-Dīn al-Ramlī, and al-Khatīb al-Shirbīnī, although not as prominent as the two of them, stand out in the fatwa procedure of the Shafi'i madhhab in the later period. Ibn Ḥajar al-Haythamī's Tuhfat al-Muhtāj and Shams al-Dīn al-Ramlī's Nihāyat al-Muhtāj commentaries became the main source of reference for the sectarian views of Shāfiʿī jurists. In a sense, the fatwa procedure also expresses legal harmony within the sect. Therefore, the subject is also dealt with in the thesis within the framework of issues such as ensuring the unity of fatwa by Shafi'i muftis and not prejudicing the security of law, ensuring the social acceptance of the given fatwas, and preventing the issuance of fatwas by people who are not qualified to issue fatwas. Accordingly; The thesis consists of an introduction and three chapters. In the introduction, the aim and importance of the thesis are emphasised. In the first chapter, the conceptual framework of fatwa and fatwa procedure is drawn. In the second chapter, the course of development of the Shafi'î Madhhab is discussed. In the third chapter, the Fatwa Procedure of the Shafi'î Madhhab is discussed. At the end of the study, the findings are expressed in the Conclusion. Key Words: Shafi'î Madhhab, mufti, fatwa, preference, furu' fiqh