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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

What is the ruling on a woman who takes medication to delay menstruation for fasting?

If a woman takes medication (to delay menstrual period) and does not experience menstruation, her fast is valid. However, she is not advised to do so unless there is a necessity.
If the medication harms her, even potentially, it is forbidden (haram) for her to take it.

Does undergoing surgery under anesthesia break the fast?

Anesthesia itself does not break the fast because anesthetic gases have no physical substance (jirm), and subcutaneous anesthesia injections do not reach the body cavity (jauf). However, this is on condition that the person is conscious at some point during the fasting hours:
● If they were awake at the beginning of the day, their fast remains valid.
● If they wake up even for a moment before sunset, their fast is also valid.
However, if the surgery involves the entry of foreign substances into the body cavity, their fast is invalidated, and they must make up for that day later.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

What is the ruling on a suitor (khāṭib) going out alone with his fiancée before the marriage contract is concluded?

It is unlawful for a suitor, prior to the marriage contract , to do anything that would be unlawful for any non-maḥram man — including touching his fiancée, being secluded with her (khalwah), or seeing her without her complete sharī‘ah-compliant covering — even after the recitation of al-Fātiḥah (This is a cultural custom to seek Allah's blessing (barakah) and mark mutual consent) and the family's approval [of the engagement]. This is because the engagement, without the formal marriage contract, does not render unlawful matters permissible. And Allah, the Exalted, knows best.

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