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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 of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

Is it permissible for women to gather in one of their homes to pray Tarawih?

Yes, it is recommended (mustahabb) for women to pray Tarawih in congregation if they gather, even if it is not in the mosque.
In fact, praying at home is better for them, as it avoids the potential concerns associated with going to the mosque.

Is it permissible for a guardian (Big brother) to unlawfully stop his sister from getting married?

If the guardian denies her right in getting married for an unlawful reason, she should go to court in order to settle that matter, and the guardian is considered sinful in this case.

I have a brother who is harsh in his dealings [with me], and many problems have occurred between us, and I do not intend to reconcile with him. What is the ruling of Islamic Law on that?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is not permissible for a Muslim to abandon or boycott his fellow Muslim brother for more than three days. This is based on the saying of the Messenger of Allah, peace and blessings be upon him: "It is not lawful for a Muslim to forsake his brother for more than three [days], meeting each other but one turns away and the other turns away, and the better of the two is the one who initiates the greeting (salam)." (Reported by al-Bukhari.)
A Muslim must strive to end such estrangement (hajr), so as not to fall under the prohibition mentioned in the hadith. If he takes the initiative to reconcile but the other party does not respond, then there is no sin upon him. We remind [ourselves] of the saying of Allah, the Exalted: "And let them pardon and overlook. Do you not wish that Allah should forgive you? And Allah is Forgiving and Merciful." (An-Nur/22). And Allah, the Exalted, knows best.

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