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Reverence for the Fatwa is Reverence for Allah: The General Mufti
Author : Dr Noah Ali Salman
Date Added : 31-07-2024

 

Mr. Sameer Jannakat wrote an article in the "Al-Rai" newspaper on August 26, 2009, expressing his astonishment at the fatwa issued in an Arab country allowing athletes to break their fast. He humorously praised the General Iftaa' Department in Jordan for carefully verifying the questioner, the question, and the answer, and for dealing with the matter with the required seriousness, ensuring that no misinterpretations or incorrect interpretations occur.

We thank Mr. Sameer for his praise and commendation of the Department. We believe that no student of knowledge should approach fatwas except in this manner, which demonstrates an understanding of their importance and value. Since the mufti conveys and signs on behalf of God, as the scholars have said, the matter must be approached with the utmost seriousness. What would you say about someone who signs on behalf of an important state official if they handle the subjects they sign off on in any other way? Allah, the Exalted, the Glorious, is greater and more magnificent than all greats.

Negligence in issuing fatwas has led some people to take fatwas lightly, and the word "fatwa" has come to mean a legal loophole or circumventing Sharia rulings. However, a fatwa is the ruling of Allah on the subject being asked about. Some people have come to believe that a fatwa is something that provides leniency for people, while anyone can impose strictness.

Those who say this do not realize that its meaning is different from what people intend. The point is that if a mufti declares something to be forbidden, they should provide a lawful alternative. This is the principle of Islamic legislation as a whole. Whenever something is prohibited, a lawful alternative is provided. For example, while Riba/usury is prohibited, Islamic law permits profit-sharing, partnerships, and loans when necessary. This principle applies to other Sharia rulings as well.

Today, the Islamic scene is filled with numerous fatwas that sometimes contradict each other and confuse Muslims. While this reflects the engagement in the Islamic arena as a sign of Islamic awakening, it also has a negative impact on the general Muslim public and those whose hearts are being won over. Some argue that the confusion leads them to turn away from religion entirely, which is an irrational response. Disagreements are old and are a sign of the vitality of Islamic law, but these disagreements are resolved through one of two ways:

The first approach: If the ruler adopts a particular legal ruling, then everyone should adhere to it. This is why it is said that the ruling of the judge resolves disputes.

The second approach: Muslims should seek guidance from knowledgeable and reputable scholars known for their wisdom and deliberation, and disregard others. This is based on the Quranic injunction (What means): "Ask the people of knowledge if you do not know" [An-Nahl/43] and He, The Exalted Said (What means): "If only they had referred it to the Messenger and to those in authority among them, they would have known it" [An-Nisa /83]. In such cases, one should not be concerned with other opinions or pay them any attention.

The minimum level of handling religious issues should be the same as handling medical issues. Just as one would not accept treatment from anyone who merely claims to be a doctor, but would rather verify and seek out a reputable expert, so too should one approach religious matters with the same level of scrutiny and care.

Those who seek fame through issuing unusual and errant fatwas should remember The Words of Allah (What means): "Their testimony will be recorded, and they will be questioned." [Az-Zukhruf/19] as well as, He The Almighty Says (What means): "On the Day of Resurrection, you will see those who lied against Allah with their faces blackened. Is there not in Hell a residence for the arrogant?" [Az-Zumar/60].

In addition, those who are lenient with issuing fatwas to please or win favor with people should be reminded of Allah's Words (What means): "And you have come to Us alone, just as We created you the first time." [Al-An'am/94]. Further, He, The Exalted, Says (What means): "Indeed, they will not avail you against Allah." [Al-Jathiya/19].

These verses should make scholars wary and even fearful of issuing fatwas, lest they slip and fall into the Fire. This is why many scholars of the past and present refrained from issuing fatwas unless urgent, seeking Allah's help and guidance, and repeating His (Almighty Allah) Words (What means): "You alone we worship, and You alone we ask for help. Guide us to the Straight Path." [Al-Fatiha/5-6].

Moreover, we extend our thanks to Mr. Samir, and to Mr. Khalid Al-Qudat, whom Mr. Samir mentions as saying that "we gave him hard times before issuing a fatwa." In reality, we were keen on his safety and our own before Almighty Allah as this is a matter of concern for the religion of the questioner and the hereafter of the party in charge of issuing fatwas. May Allah guide whom He Wills to the Straight Path.

 

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Summarized Fatawaa

Should a pregnant woman who broke fast because of pregnancy make it up, and is a ransom due on her?

The pregnant and the suckling, if they fear for their health, may break their fast and make up for it, and no ransom is due on them. However, if they broke fast in fear for the fetus and the baby, then they are obliged to make up for it, and pay the ransom which is feeding a needy person for each of the missed fasting days. And Allah Knows Best.

Is it permissible to make up for the missed fasts of the deceased?

A deceased`s missed fasts should be made up for by his/her guardian. It is also permissible to make up for the missed fasts of a deceased relative, and to pay a ransom in expiation for the latter`s missed fasts, which is feeding a needy person for every missed day. However, the guardian`s permission need to be sought by the non-relatives of the dead to fast on his behalf. And Allah Knows Best.

Is it permissible to give my zakat to my grandson who is studying at university, while I am living abroad and my money is in my home country? Also, is it permissible to assign my father the responsibility of distributing the zakat to the people in my home country?

 

It is permissible to give zakat to a son whom his father is supporting if he is an adult and in good health, because his father is not obligated to support him, making him one of the poor among the Muslims. However, the student who may receive zakat is one who is diligent in seeking beneficial knowledge for the Muslims and is religious. Zakat should be paid in the country where the money is located, and appointing your father to distribute the zakat in the country where the money is is the correct approach. And Allah Knows Best.

I married a man and had two children; however, we got separated four years ago. In addition, my husband`s brother, paternal uncle of my children, has been providing for them ever since. In fact, he is an honest, well-behaved man. Is it permissible that we get married although his brother (My ex-husband) is still alive?

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.
It is temporarily prohibited for a woman to marry her stepbrother. Therefore, once she receives Talaq Ba`in (Irrevocable divorce), she is allowed to marry her stepbrother, even if his brother (First husband) is still alive. And Allah The Almighty Knows Best.