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*Fatwa and Sustainable Development Goals
Author : His Grace Shiekh Abdulkareem Al-Khasawneh
Date Added : 31-10-2022

*Fatwa and Sustainable Development Goals

 

Allah The Almighty has created man and appointed him a successor on earth. He The Exalted Says (What means): "Behold, thy Lord said to the angels: "I will create a vicegerent on earth." [Al-Baqarah/30]. Succession entails living on earth and developing it from human, cultural, material, universal, and ethical perspectives. Allah The Almighty Says (What means): "It is He Who hath produced you from the earth and settled you therein." [Hud/61]. This can`t be achieved save through connecting with the Creator Who entrusted man with this great mission and following His directives so that living on earth and developing it doesn`t deviate from the course of high values and principles, which guarantee justice, Ihsan (kindness), and the best investment of capacities and competences.

 

One aspect of this connection is the Fatwa (legal edict/advisory opinion) which intertwines with real life to enable man to perform the task of succession. In fact, Fatwa doesn`t impede the process of development; rather, it paves the way for steering and sustaining the wheel of development in various spheres of life. This is achieved through setting up Sharia controls that correct the development process and keep it on the straight path that Pleases Allah.

 

Signs of sustainable development have appeared since the Prophet`s era where he (PBUH) rooted the concept of "Futuristic Fatwa" through providing answers for hypothetical facts that haven't happened yet and how to deal with them in the event of their occurrence.  Abu Hurairah (May Allah be pleased with him) reported: A man came to the Messenger of Allah (PBUH) and asked: "O Messenger of Allah! What shall I do if someone comes to me with the intention of taking away my property?" He replied: "Do not hand over it to him." The man asked: "What shall I do if he fights me?" The Messenger of Allah (PBUH) said: "Then fight him." "What will be my position in the Hereafter if he has killed me?" The Messenger of Allah (PBUH) replied: "In that case you are a martyr." The man asked: "What if I killed him?" The Messenger of Allah (PBUH) replied: "He will be in the Hell- fire." [Moslim].

 

Undoubtedly, this answer of the Prophet`s establishes a key concept, which is that Islam doesn`t only take facts into consideration, but also looks to the distant future, potential developments, in addition to purposes and effects of Fatwa. The Prophet's companions and the jurists who came after them adopted this approach of visualizing issues. This is to the extent that their books included Fatwas on hypothetical facts that only happened in our time. This indicated that they had a broad perspective and foresaw the future, which paved the way for the issuance of Fatwa by the scholars.

 

Moreover, there is no doubt that Islamic Sharia has elements of power that qualify it to steer and sustain the wheel of development in any society and in various fields. This is because it comes from a divine source and its provisions are based on the directives of Almighty Allah, Who commanded living on earth and developing it, and His Prophet (PBUH). Therefore, His Sharia is perfect and capable of dealing with these elements and managing them in the correct manner. Moreover, Allah made the Muslim nation, as a whole and along with its scholars and people of experience and competence, the best nation evolve for humankind and the seal of nations carrying the legacy of Prophets in the various fields of knowledge. Consequently, its provisions are stable and, in the meantime, balances between the stability of values, principles and general rules forming the foundation of life on the one hand, and the flexibility, which enabled it to handle facts and circumstances of life and emerging issues in every time and place on the other. Accordingly, the Muslim nation deserved to be as described by Allah in the following verse (What means): "Thus, have We made of you an Ummat justly balanced." [Al-Baqarah/143]. This nation is moderate in terms of rulings, transactions, dealing with man`s needs and feelings, in tune with human nature, man`s psychological inclinations, natural needs, desires for possession, enjoying life and prosperity. However, this is without infringing upon the rights of others or transgressing against them with deception and greed, or compromising the right of Allah. Thus, the parameter is "Divine Legitimacy," which is the guarantor for this moderation and balance in the process of sustainable development.

 

Fatwa is one of the most important pillars for the development of society. Just as any other specialized field, Sharia has its scholars and Muftis who are the most influential in terms of drawing up the parameters that are in line with its rulings in various fields of the state to ensure its continuity and development in accordance with divine rules. In the economic domain, Fatwa shows the Sharia controls leading to preserving wealth through avoiding usury/interest and eating up people's property unjustly and encouraging them to observe solidarity and compassion. In the social domain, fatwa fights extremism and tagging Muslims with disbelief, calls for temperance and moderation, and treating people with kindness. During the corona-virus pandemic, Fatwa managed to solve many problems faced by scientists and medical doctors. It also clarified the best course of action to deal with this pandemic on the social level, and this paved the way for the disease to recede and get under control.

 

Through this conference and these scholar-gentlemen who have gathered from around the world, we call for more openness as regards whatever achieves the higher objectives of Sharia upon delivering Fatwas and considering their effects on the social, economic, and security levels. In past years, we witnessed the issuance of Fatwas that didn`t take the concepts of development and sustainability into account leading to the destruction of societies and their resources, stalling the wheel of production, and , even, claiming lives due to inconsistency in the issuance of Fatwa. Instead of steering and driving development and sustainability, Fatwa obstructed the wheel of production and development. Therefore, what is needed in these times is establishing strong institutions of Fatwa capable of completing the Prophetic approach continued by the companions and jurists in foreseeing the future through keeping abreast of technological and digital advancement, foreseeing and facing modern challenges, being a safety valve and a beacon for the future. 

 

Fatwas issued by Fatwa institutions and bodies should be reviewed on constant basis; particularly those issued long before and can`t keep abreast of the development process. Renewal based on the established fundamentals and constants established by the scholars of the Madhab (School of Islamic Thought) is a necessity considering variables of time and place. This reflects Sharia`s flexibility, inclusivity and ability to cope with emerging issues since it is undeniable that rules of law vary with change of time. The Messenger of Allah said: "At the beginning of every century God will send one who will renew its religion for this people.” [Abu Dawud transmitted it]. Here, renewal concerns matters open for discussion and Ijtihad. As for definitive matters, they are fixed and not open for any discussion whatsoever, don`t change, even if time and place change, and not open for Ijtihad and disagreement. This is similar to rulings of definitive sourcing and understanding.

 

Moreover, the difference between a Mufti and a preacher must be explained to the people so that a person gets to know whom to turn to and that taking Fatwa from the specialized professionals becomes the motive for continuing the process of development and sustainability, and banning the unqualified individuals from issuing Fatwas. This is because the making of Fatwa requires special tools, considering the circumstances, the effects, and the interests of the people. This needs individuals with skilled minds capable of dealing with the realities of life and explaining the rulings of Sharia concerning them. And all perfect praise be to Allah The Lord of The Worlds.

 

 

*A speech delivered by His Grace, the Grand Mufti of Jordan at the Conference of the General Secretariat for Fatwa Authorities Worldwide, Cairo 17-18/10/2022.

 

 

 

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Summarized Fatawaa

I am a wholesale gold trader. My clients are retail gold shop owners. I sell them gold jewelry and ornaments on credit, and they repay me in weekly installments over a period of two months or more. The payments are made in cash for the labor charges and for the gold they owe me. In return, they may give me either cash or used gold.
 

It is not permissible to sell gold or silver on an installment basis or with a deferred payment; rather, immediate exchange is required. The Messenger of Allah (PBUH) said: "Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt, like for like, hand to hand. Whoever gives more or asks for more has engaged in usury; the giver and receiver are the same in this regard." (Muslim). Additionally, the weight of the gold must be equal when exchanging new for used; otherwise, it involves usury. The solution is to buy the used gold with cash, then sell the new gold for cash as well. However, payment must be made at the time of the transaction in both cases. Alternatively, one could take the used gold with the intention of refining it, reshape it into a new form, or repair it, then take a fee for the workmanship or repair. And Allah Knows Best

We collect funds from mosques and other sources, saying: "For the poor, the needy, widows, orphans, and those who do not beg insistently." After paying the stipends of the families registered with the Zakat Committee, an amount exceeding 6,000 dinars remained. Is it permissible for me to save it for upcoming months when I may not be able to collect the stipends?

These funds are received by the committee as representatives of the zakat payers to deliver zakat to those entitled to it. It is well-known that delaying zakat while being able to pay it is not permissible. Imam Al-Nawawi (may Allah have mercy on him) said: "Zakat must be paid immediately if one is able to do so, by the presence of wealth and the eligible categories." [Al-Minhaj] Therefore, the committee must distribute the zakat to the eligible recipients without installment payments or using it to purchase material goods for them, as the committee does not have authority over the poor to allocate it in this way. And Allah Knows Best.

Is it incumbent on a wife whose husband hasn`t gone to bed with her (for sexual intercourse) for many years to observe `Iddah (waiting period) upon his death?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhmmad and upon all of his family and companions.

Upon the death of the husband, a wife is obliged to observe the `Iddah even if he hadn`t slept with her because she inherits him. And Allah Knows Best.

A woman died at the age of ninety. Her living children are nine: two sons and two daughters. The youngest of her grandchildren, from her son who passed away one year before her, is aged thirty-two. Are these grandchildren entitled to the obligatory bequest although they are aged thirty-two and above?

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.
A Muslim isn`t obligated to leave a bequest to his grandchildren whose father had passed away; rather, this act is recommended. Therefore, if he left a bequest whereby they get less than one third of the estate then Allah will reward him for that. However, if he left no bequest for them then they get nothing because their paternal uncles are alive and they are closer to the deceased and more entitled to inherit him. This is the position of the four schools of Islamic jurisprudence. However, the Personal Status Law didn`t adopt this position; rather, it gave them the same amount to which their father is entitled when alive but his father or mother are dead; provided that it doesn`t exceed one third of the estate. Therefore, we advise them (Grandchildren) to relinquish this share of the inheritance. If not, then we advise their paternal uncles to overlook the amounts taken from their shares and given to their paternal nephews. And Allah The Almighty Knows Best.

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