About the Journal :
The Journal of Sharia Fundamentals for Specialized Researches (JSFSR), a peer-reviewed scientific journal indexed by the International Standard Serial Number for Academic Scientific Journals (e-ISSN: 2289-9073), issued every three months.
The journal specializes in research, articles, and scientific papers of originality and innovation
Committed to the scientific methodology, and the ethics of scientific research.
It aims to be a platform for researchers and a meeting point for researchers to present the different values and topics of legal sciences and systematic studies, and link them to the principles of Sharia, and to update, enhance and support the scientific development of contemporary systematic topics related to the principles of Sharia that serve society and ensure the strength and respect of Islamic identity in various scientific fields. Socio-economic
Dr.Abderrahman Youssouf Ethmane
Abstract
This study concerns the rule related to retracting the jurist his opinion in terms of announcing retracting his saying and informing the person who asks him about changing his opinion and intellectual effort (ijtihad). It also talks about revoking the ijtihad of the judge and mufti in case of retracting their opinions, in addition to vetoing the retracted opinion. Based on this, the study consists of three sections. The researcher starts it by an introductory section consisting of two paragraphs to clarify the essence of retracting the opinion in language and terminology. The researcher also discussed the issue of the legality of returning to the truth if the jurist discovers the error of his first opinion or reaches what is better than it. The researcher employed the descriptive method in describing the opinions and editing issues. Additionally, he also uses the comparative method for comparing the opinions of the Maliki jurists. As for the results, the researcher concluded that the retraction has to be announced in case of contradicting a definite text, or Islamic legal maxim, or a clear analogy or consensus. The result found by the researcher gives preponderance to non-revoking a judgment if the retraction is for a worthier or opposite thing.