Different Sources for Fiqh Based on Mas’alah?

Observe the Fatāwā coming from Fiqh councils and Muftiyīn of those loyal to Dār al-Ḥarb:

When it comes to purification, fasting, Ḥajj, and matters of this nature, they refer to the major works of Fiqh from the well-recognized scholars of Ahl as-Sunnah.

However, when it comes to governance, relations with non-Muslims, communities in Dar al-Ḥarb, treaties and covenants with Ahl al-Ḥarb, Jihād, alliance and disavowal, these same “scholars” engage in Ijtihād and do not reference the same texts as before, or only rarely when it suits their Ijtihād.

This is because the same well-recognized scholars of Ahl as-Sunnah and the major works of Fiqh contain legal rulings on these important matters affecting Muslims in Dār al-Ḥarb and those rulings contradict the Fatāwā from these so-called “scholars”.

If these major works of Fiqh are good enough for purification and fasting, they should be good enough for Jihād, treaties/covenants, the requirements of Muslims in Dār al-Ḥarb, etc. as well.