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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

Someone asked me to pay off his debt on his behalf as a loan, without any compensation. When I went to the creditor, he told me that if I paid the full amount at once, rather than in installments, he would give me a certain discount. Is this permissible? And if he applies the discount, to whom does the deducted amount belong?

If part of the debt is paid and the creditor forgives the remaining amount, the waiver is valid, and the remaining debt is no longer the responsibility of the original debtor. The person who paid the debt on behalf of another has no right to claim any portion of the original debt. And Allah Knows Best.

A man donated a burial plot, but before registering it in favor of the Ministry of Awqaf and before burying anybody there he said that he didn`t want to donate it and planted it. What is the ruling of Sharia on this?

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.

If he had endowed it as a cemetery, then he can`t take it back, even if he didn`t register it in favor of the Ministry of Awqaf. If he said: "I have endowed this plot as a cemetery, then it becomes an endowment." However, if he didn`t endow that plot-but it was his intention to do so-then he is allowed to back down. And Allah The Almighty Knows Best.

A man married a woman at the Islamic Centre in Brussels through a regular marriage contract. However, the husband left her for two years now and never provided her with financial support. Currently, she is staying in Amman, Jordan, and wants to remarry. Is her first marriage considered void and what should she do to remarry lawfully?

All perfect praise be to Allah, the Lord of the Worlds; may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
This issue is within the jurisdiction of the Islamic courts and they have the final say regarding the dissolution of the first marriage contract if there is valid ground for that. Therefore, her first marriage remains valid unless a court decision says otherwise. And Allah The Almighty Knows Best.

Is Lease-to-own through Islamic Bank Permissible?

Lease-to-own is a controversial issue among  contemporary Muslim scholars; we (Iftaa Dept.) advise you and in order to be on the safe side to conclude this sale transaction through Murabaha contract. And Allah Knows Best.