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Fatwa is Accepted only from a Scholar of Sharia
Author : The General Iftaa` Department
Date Added : 19-10-2022

Fatwa is Accepted only from a Scholar of Sharia

 

The General Iftaa` Department congratulates Muslims for the arrival of Ramadan and reminds that Fatwa isn`t accepted save from a scholar of Sharia. The Department asks Allah to make this a month of goodness, blessings, and victories for Muslims both in the east and the west.

Questions related to various aspects of life are frequently asked in this blessed month meeting the meaning of the following verse (What means): "if ye realise this not, ask of those who possess the Message." [An-Nahil/43]. This gives us great pleasure as it indicates the Muslim nation`s adherence to the religion of Islam, Thanks to Allah.

 

We remind our Muslim brothers that it isn`t permissible to deliver Fatwas in religious matters save by someone who is specialized in Sharia sciences and, as known to all, this era is one of specialty in all sciences including Sharia. Whoever delivers fatwas without knowledge has gone astray and led others astray, as was reported from the Messenger of Allah. Sharia science should be learned from the trustworthy scholars of Sharia because books contain aberrant and weak sayings and none knows the truth save the learned men of the faith.

 

Conversely, it isn`t permissible for a Muslim to seek fatwa from someone who isn`t well versed in Shariah sciences since Almighty Allah has condemned such individuals where He Said (What means): "Let them bear, on the Day of Judgment, their own burdens in full, and also (something) of the burdens of those without knowledge, whom they misled. Alas, how grievous the burdens they will bear!" [An-Nahil/25]. Therefore, the individual who acts upon the fatwa delivered by unspecialized persons will be held liable before Allah. In our country, thanks to Allah, there are many scholars of Shariah working in various faculties of Sharia, and they have obtained their knowledge through reliable scholarly methods. 

 

The Department communicates with the audience through all available methods where highly qualified scholars answer their questions. Last Ramadan, more than a thousand questions were answered. This is hard work but we are pleased to serve Allah and His religion.

 

Due to their specifity, some questions are submitted to the Board of Iftaa`, which includes an elite group of qualified Jordanian scholars.

Based on all of this, there is no excuse for anyone not to ask jurists of recognized competence.

 

We wish success to all and remind that the righteous predecessors used to say: "Be careful who you take your Din from/Indeed, this knowledge is your religion, so look whom you take your religion from."

Peace and blessings to you all.

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Summarized Fatawaa

I vowed to give a specific charity if a certain matter came to pass — what is the ruling on giving that charity before the matter is realised?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Fulfilling a vow (nadhr) is obligatory, in accordance with the word of Allah the Almighty: "And let them fulfil their vows." [Al-Ḥajj/ 29] And the saying of our master the Messenger of Allah ﷺ: "Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Him, let him not disobey Him." (Reported by al-Bukhārī.)
The Shāfiʿī scholars distinguished between a financial vow (nadhr mālī) and a bodily vow (nadhr badanī). They permitted the fulfilment of a financial vow to be brought forward — before the stipulated condition is met — but did not permit the same for a bodily vow, which may only be fulfilled after the condition has actually been realised.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "It is permissible to bring forward the fulfilment of a financial vow before the condition stipulated in it is met — such as saying: 'If I am healed, I vow to free a slave' or 'to give such-and-such in charity' — just as it is permissible to pay zakāh in advance. This is unlike a bodily vow, such as fasting." [Asnā al-Maṭālib, vol. 4/P.246]
Imām al-Bājūrī, may Allah have mercy upon him, states: "Like expiation other than fasting, a financial vow — such as saying: 'If Allah heals my sick one, I vow to free a slave for the sake of Allah,' or 'If Allah heals my sick one, I vow to free a slave on the Friday following the recovery' — it is permissible to bring it forward before the recovery in the first case, and before the Friday following the recovery in the second case." [Ḥāshiyat al-Bājūrī ʿalā Sharḥ Ibn Qāsim, Vol.2/P.596] And Allah the Almighty knows best.

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.

What is recommended for a Muslim to say on Laylat al-Qadr?

On Laylat al-Qadr, it is recommended for a Muslim to recite the supplication (du‘a) that the Prophet ﷺ taught Aisha (may Allah be pleased with her):
"O Allah, You are Most Forgiving, and You love forgiveness, so forgive me." [Narrated by Al-Tirmidhi]

Who is responsible for performing the aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The one upon whom the 'aqīqah is incumbent is whoever is obligated to financially maintain the newborn — whether the father, paternal grandfather, or mother. It is to be performed from their own wealth, not from the wealth of the newborn child.
As for one upon whom the financial maintenance of the newborn is not obligatory, they may not perform the 'aqīqah except with the permission of the one upon whom it is obligatory — namely, the father. And Allah Almighty knows best.

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