Abstract

In this study, the tahrîj method, which is used in answering contemporary Fiqh issues throughout the history of Fiqh, will be described and some sample fatwas given by the High Board of Religious Affairs based on this method will be analysed. Tahrîj is firstly to define the procedural and legal principles on which the singular views of a madhhab imam is based on, and then to determine the verdict of the issues in which an opinion from that imam is not conveyed, according to the rules reached. Firstly the High Board of Religious Affairs will be introduced briefly highlighting issues such the effort put forward by the Board in the answering current fiqh issues, its contributions to the unity of fatwa and that it is a continuation of the Islamic Meşîhat-ı İslamiyye in the Ottoman Empire. Tahrîj, will be defined and its types, history, and its role in the development of fiqh and in solving current fiqh issues will be explained. Among the issues resolved by the High Board of Religious Affairs by applying the Tahrîj method or by making use of this method; commercial insurance, organ transplantation, gold-based lease certificate and the effect of injection/vaccine on fasting will be analysed. Given these exemplary fatwas, it will be tried to show that the method of Tahrîj is important today as it was in the past, both in terms of maintaining the consistency of fiqh and its contribution to the development of fiqh.