The Effect of Asylum (Refugee status) on Changing Fatwa: A Fundamental Study

Abstract

This research presents a fundamental study of an important and contemporary issue of refugee’s-related legislation and provisions. It is represented in the extent to which the state of asylum may be one of the reasons for changing fatwa. By tracing the principles of changing the fatwa among Islamic jurists and fundamentalists, it is proved that the refugee's own circumstantial nature has a significant impact on changing some refugee’s-related provisions and advisory opinions (fatawa) which may be generally suitable to be an urgent reason for such changes at the current time. This research showed some normative results which can be relied on to provide jurisprudence related to the fatawas of refugees. The research concluded that the reasons for changing refugee-related fatawas depend strongly on the exceptional and exigent circumstances of the refugees, necessity, considering the outcomes of actions, change of place, change of situation, and change of traditions and customs.