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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

"If the fidyah becomes obligatory upon a pregnant or nursing woman because she broke her fast out of fear for her child, is it obligatory from her own wealth, or from her husband's wealth?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The fidyah (ransom/compensation payment for breaking the fast) is obligatory from the wife's own wealth, and is not obligatory upon the husband unless he voluntarily chooses to pay it on her behalf.
It is stated in Mughnī al-Muḥtāj (Vol.2/P.174): "If the two [the pregnant woman and the nursing mother] fear for the child alone — such as a pregnant woman fearing miscarriage, or a nursing mother fearing that her milk supply would decrease, thereby endangering the child — then both the qaḍā' (making up the missed fast) and the fidyah become obligatory upon them, to be paid from their own wealth." And Allah, the Exalted, knows best.

What is I‘tikaf, and how is it performed?

I‘tikaf is staying in the mosque with the intention of I‘tikaf. It is fulfilled by remaining in the mosque for a period that qualifies as devotion or seclusion (I‘tikaf). It is recommended (Sunnah) for anyone entering the mosque to intend I‘tikaf as long as they remain inside.

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.

There are olive trees within the precincts of the mosque, and my father covers the costs of electricity, water, and other needs of the mosque. Is it permissible for him to take the olive harvest?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
If trees and fruit-bearing crops are planted in a mosque for the mosque itself, they may only be spent on the mosque’s interests. If they were planted for the public way (musabbalah), that is, for the general public, then any Muslim who enters the mosque may eat from them. If the planter’s intention is unknown, they are treated like those dedicated for public use, wherever custom has so run.
It is stated in Tuḥfat al-Muḥtāj (Vol.6/p.295): “The fruit of a tree planted for the mosque within it is not freely permitted without compensation. Rather, the imam spends its equivalent value on the mosque’s interests. The tree left its planter’s ownership here without any verbal declaration because of the evident indication. The case of planting it for the mosque excludes planting it as musabbalah, in which case eating from it without compensation is permissible, and likewise if his intention is unknown, where custom has so run. The tree may be uprooted from the mosque if the imam sees fit. Indeed, if he makes the plot a mosque while a tree stands in it, the imam may uproot it, even if the endower included it within the endowment (waqf).”
The father is a donor (mutabarriʿ), so he is not entitled to take anything in return for his donation to the mosque.
The Ministry of Awqāf is the body that supervises the affairs of endowments, so it must be consulted and the Sharīʿah and administrative instructions regulating such matters must be considered. And Allah Almighty knows best.

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