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Caution and Verification are behind the Delay in Issuing Fatwa
Author : The General Iftaa` Department
Date Added : 12-07-2023

Caution and Verification are behind the Delay in Issuing Fatwa

 

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.

 

In clarification for what was published by the news website "Saraya" under the title: "The Iftaa` Department Delays Issuing a Fatwa Regarding Foods, Believed to be Forbidden, Consumed by Jordanians" the writer wonders about the justifications for the delay in providing an answer to this issue!

Regarding this matter, the General Iftaa` Department clarifies that the delay in providing an answer is not a form of procrastination, as initially stated in the title. Rather, it is following the noble prophetic approach of caution and thoroughness before issuing the Fatwa since Allah will hold the Department accountable for it. The Prophet (PBUH) said: "Deliberateness is from Allah, and haste is from Satan." (Transmitted by At-Tirmidhi).

 

This prophetic approach is the direct reason for controlling the Fatwa and preventing it from deviating towards extremism or leniency, safeguarding it from error and danger. Moreover, it ensures that the Mufti is cleared from liability before Allah on the Day of Judgment, especially in delicate and intricate matters such as the issue of the ingredients used in the food industry.

 

It is an issue related to hundreds of diverse products that affect the lives of all Muslims. Thousands of companies and factories oversee these products, each with its own manufacturing and composition methods. The knowledgeable jurist is the one who distinguishes and contemplates whether a transformative "impossibility" has occurred in the substance's composition, or if mere "consumption and immersion" is sufficient, as some jurists have stated. This has been the subject of decisions by specialized jurisprudential assemblies.

 

This matter requires a great deal of Ijtihad (Independent reasoning) and consideration of advancements in industries and sciences today. Thus, the Iftaa` Department sought the guidance of specialized official institutions, such as the General Organization for Food and Drug Administration, to inquire about similar issues within the scope of this research.

 

However, anyone who believes that a Fatwa is an improvised political statement or a media sound bite has misconceived the principles of Islamic Law, which aims to uphold the interests of individuals and prevent harm from befalling them. May Allah have mercy on the Islamic scholars who have bequeathed to us the humility of saying, "I don't know." They were not driven by shyness or arrogance to withhold knowledge from its rightful owners or delay issuing a Fatwa. As the Prophet (PBUH) said: "Whoever seeks the pleasure of people by displeasing Allah, Allah will be displeased with him, and people will be displeased with him." (Transmitted by Ibn Hibban).

 

We advise the media to not hinder scientific institutions from carrying out their work with caution and excellence, especially the religious institutions responsible for issuing Fatwas and religious knowledge.

 

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Summarized Fatawaa

What is the ruling on eating from one`s Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is divided into two categories: the vowed sacrifice (Al-Mandhurah) and the voluntary sacrifice (Al-Tatawwu').
 
First: The Vowed Sacrifice (Al-Mandhurah)
This refers to a sacrifice that has become strictly obligatory due to a formal vow (Nadr). It is completely impermissible for the person offering it, or any members of their family whom they are financially obligated to maintain, to eat any of its meat or fat. Furthermore, it is unlawful for them to personally benefit from its hide, wool, or any other part of it. If they happen to eat any portion of it, the offerer is legally obligated to give an equivalent amount of meat or its monetary value to charity. (As noted in Tuhfat al-Muhtaj by Imam Ibn Hajar al-Haytami,Vol. 9/P.364).
 
Second: The Voluntary Sacrifice (Al-Tatawwu’)
This is a recommended, non-obligatory sacrifice. The person offering it is fully permitted to eat from its meat, distribute portions as charity to the poor, and give pieces as gifts to those who are well-off. However, it remains a mandatory requirement to donate at least a minor portion of it to charity; this should not be less than approximately half a kilogram of raw, uncooked meat. And Allah the Almighty Knows Best.

What is the ruling on combining (jam‘) and shortening (qaṣr) prayers when travel is repeated on a daily basis?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
A traveler is permitted to avail himself of the concessions of shortening and combining prayers once the distance of his journey reaches (81 km) or more. This is on condition that his journey is a permissible one, and that he begins shortening and combining only after setting out and passing beyond the built-up limits of the city in which he resides, or beyond the administrative boundaries of the area where he lives.
Accordingly, if the distance between one's workplace and one's place of residence reaches the distance upon which the concession of combining and shortening depends, then combining and shortening are permissible once he leaves the built-up area, even if this travel is repeated on a daily basis.
Ash-Shirbīnī (raḥimahullāh) said: "It is permissible to combine Ẓuhr and ‘Aṣr, either as an early combination (taqdīm) in the time of the first, or as a delayed combination (ta'khīr) in the time of the second; and likewise Maghrib and ‘Ishā' — either early, in the time of the first, or delayed, in the time of the second — during a long, permissible journey, in following [the Prophet's practice]. As for the delayed combination, it is established in the two Ṣaḥīḥs from the ḥadīth of Anas and Ibn ‘Umar (raḍiyallāhu ‘anhum). As for the early combination, Ibn Ḥibbān and al-Bayhaqī graded it ṣaḥīḥ from the ḥadīth of Mu‘ādh, and at-Tirmidhī graded it ḥasan." [Quoted with slight abridgment from Mughnī al-Muḥtāj, Vol.1/p.529]
The conditions for combining and shortening have already been explained in Fatwa No. 14 and Fatwa No. 842. And Allah, the Exalted, knows best.

What are the conditions for the validity of the slaughtering process according to Sharia?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Regarding the Sharia-mandated conditions for the validity of the slaughtering process (Adh-Dhabh), they are as follows:
 
The Identity of the Slaughterer: The person performing the slaughter must be either a Muslim or from the People of the Book (Christian or Jewish).
 
The Required Cuts: Both the trachea (windpipe/breathing passage) and the esophagus (food passage) must be completely severed.
 
Stability of Life: The animal must possess stable life at the start of the slaughtering process. This is identified by clear signs, such as vigorous movement or the forceful gushing of blood after the throat and esophagus are cut.
 
The Tool of Slaughter: The tool used must be sharp, capable of cutting or piercing by its edge and not by its sheer weight or blunt force.
 
And Allah the Almighty knows best.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

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