The Importance of Taking the Expert's Opinion

Abstract

This study aimed to get acquainted with the importance of taking the expert’s statement of ijtihad, as the correct legal ruling for any of disasters comes only with its understanding, conception, and realization of its frame in a correct and accurate way. Therefore, no fatwa can be valid, and no judgment can be established without a conception of the reality and the essence of the emerging disaster. This is not possible without referring to the experts and their opinions in these disasters when the scholars are unable to reach their truth, essences, and perception. The researcher followed the comparative analytical approach to his suitability of the nature of the study, and the most prominent results of the study were that the expert’s opinion is extremely important in the fatwa of the Mufti and the judge’s judgment, and neither of them can dispense with the expert and his clarifications, because his opinion contributes to controlling individual and collective fatwas and avoids disturbance, shortcomings and chaos, and leads to provide an accurate and complete depiction of the reality for the mufti and judge before they take the correct legal judgment in these disasters and developments which are in their hands, which fulfills the purposes of the street and takes into account the implications of this judgment in the reality of the life of the concerned, because the judgment on something is a branch of its perception and that the assistance and the referring to the experts in the disasters and developments; will assist and enable the mufti and the judge to attain responsibility for these issues, which removes confusion, concealment and ambiguity in its subdivisions, and their depiction of facts related to their specialty which are awaiting the legal judgment of both, and that the scholar- whether it is an individual or a group of scholars (institutional collective ijtihad) - before taking these opinions issued by the people of experience, must set his sights in mind a set of controls that control and regulate the use of experts' opinions. From here, the urgent need appears, and the great role that the expert plays and his expertise and techniques play in controlling the fatwa or judicial rulings to keep him away from shortcomings, and brings him to the optimum intent, which is reaching of the right which pleasing to God - Mighty and Glorious - and His prophet, our master Muhammad - Peace Be Upon Him