Articles

Iftaa` Department and the Irresponsible Media
Author : Prof. Abdulkodos AlKhodah
Date Added : 25-10-2022

Iftaa` Department and the Irresponsible Media

 

Two years ago, a research center in the Islamic Maghreb conducted an opinion poll about the most reliable House of Iftaa` from the point of view of the society. The result was in favor of Jordan`s Iftaa` Department and was commended by the virtuous scholars of that country where they supported this testimony of the people with a scholarly testimony.

I have remembered this at a time we are witnessing non-innocent attempts led by media trumpets, known for their dissatisfaction with virtue and whatever words and deeds reflecting it, to distort the beautiful image of this renowned institution. Their main concern was to offend this religious institution through intentional cherry picking of certain parts of fatwas to incite ridicule. 

The reality of the situation is that ridicule is an old-new tool recorded in the Quran about the people of Noah (What means): "Every time that the chiefs of his people passed by him, they threw ridicule on him". It was also recorded as a systematic approach against the calls for goodness, reform, and wisdom. For these individuals, reform doesn`t suit their agendas and hinders them from practicing their special patterns of living and values which don`t reflect the moderate Islam, its deeply rooted values, its provisions, and etiquettes.

This was also recorded in history when people wanted to reduce the influence of the clergy although this is valid in Christianity but not in Islam. Therefore, pokers and comic writers came to the front and highlighted the image of the clergy in a form that provoked laughter. In western societies, this was the first effective step to get rid of some religious values standing in the way of individual life in its current form.

Here, it is necessary to show that severing parts of a Fatwa to present it in a funny form undoubtedly falls under ridiculing religion, which, as we all know, poses danger to faith. 

On the other hand, attempting to defame a renowned, national, religious institution is an unfair rivalry because this institution is respected on the domestic and international levels, known for its credibility, wise leadership, dedicated and qualified staff. It has acquired reputation for organizing and issuing fatwas. This Department has opted for achieving the best interest of this country through propagating moderate Islam and responsible freedom.

The antagonists of this institution failed to notice that their attitude encourages what is called "The Chaos of Fatwas" which almost caused national disasters in different situations leading to undermining the social fabric and the economic dimensions. Will there be affirm stand against these childish acts?! 

 

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Summarized Fatawaa

What is the ruling on a mother giving the Zakat of her wealth to her children?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a mother to give her children from the Zakat if they are among those who are eligible for it—such as being poor (Fuqara), possessing no wealth, and not being sufficiently provided for by the maintenance (Nafaqah) of others. This is based on the statement of the Messenger of Allah ﷺ regarding Zaynab, the wife of 'Abdullah ibn Mas'ud (may Allah be pleased with them both): (Your husband and your children are the most deserving of those upon whom you spend in charity) [Narrated by Al-Bukhari].
 
It is stated in [Al-Hawi al-Kabir, Vol. 8/P.537]: 'As for the wife, it is permissible for her to pay her Zakat to her husband from all the designated shares... Our evidence is the generality of the saying of Allah the Almighty: "Zakat expenditures are only for the poor and for the needy", and the Hadith of Abu Hurairah that the Prophet ﷺ said to Zaynab, the wife of 'Abdullah ibn Mas'ud: (Your husband and your children are the most deserving of those upon whom you spend), and this is taken in its general sense.' And Allah the Exalted knows best.

Is it permissible for the children of a deceased father to settle his debt from the Zakah (obligatory charity) money due on them?

It is impermissible to use the Zakah of one`s money for settling the debts of the deceased. However, children should settle the debts of their deceased parents out of filial piety. And Allah Knows Best.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

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.