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A Statement on the Importance of Getting Fatwa from its Reliable Sources to Maintain Unity of the Muslim Ummah
Author : The General Iftaa' Department
Date Added : 08-09-2022

A Statement on the Importance of Getting Fatwa from its Reliable Sources to Maintain Unity of the Muslim Ummah

 

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

We pray that Allah drives this epidemic and affliction away, blesses everyone with good health, cures all patients, and blesses our country with peace and security.

 

We remind our fellow citizens that the General Iftaa` Department receives all religious questions day and night. It is well known that the Muftis of this Department are specialized scholars and, in this regard, Allah Says (What mean): "And We sent not (as Our messengers) before thee other than men whom We inspired - Ask the followers of the Remembrance if ye know not! " [An-Nahil/43].

 

The Muftis-May Allah reward them with all that is good-shoulder the responsibility of answering questions in accordance with a moderate approach based on the Quran, Prophetic Sunna, and the Ijtihad conducted by the righteous predecessors from amongst the four schools of Islamic thought. However, they take into consideration: the situation of the questioners, customary practices as well as the differences of time and place upon which the rulings of Sharia are founded. 

 

Out of concern for maintaining the unity of the Muslim Ummah, Fatwa must be taken from its reliable source, which is the Iftaa` Department; particularly concerning public issues so as to achieve benefit and ward off evil. In fact, there were individuals from amongst the righteous predecessors who specialized in issuing Fatwa, such as the Mufti of Mecca and the Mufti of Medina…etcetera.

 

Consequently, we advise individuals, who aren`t in charge of delivering Fatwa, to stop doing that. This is because their Fatwa mostly represents one viewpoint that may not suit the everyday reality, leading to inciting the people and spreading doubts. In other words, its harm outweighs its benefit.

 

We call on all citizens not to take Fatwa from other than the Iftaa` Department, which is the reliable authority in charge of Fatwa affairs.

 

We also stress that the Muftis of our Department are willing to answer all questions all the time, be that via telephone, internet, or short messages. And All success is attributed to Allah.

 

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Summarized Fatawaa

Which is better for a traveler: fasting or breaking the fast?

Fasting is better, unless it causes hardship—in that case, breaking the fast is better.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

Is it permissible to give multiple mudds (portions) of fidyah to a single person?

Yes, it is permissible to give multiple mudd of fidyah to a single person, because each day of fasting is considered an independent act of worship.