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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

What is the ruling on having slight discharges of menstrual blood during a day of Ramadan, and before Maghrib time?

A woman who is certain that her menses have started during a day time of Ramadan is in a state of menstruation, and her fasting is considered broken at first sight of blood. However, she is rewarded for not breaking fast at the beginning of day time.

Is it permissible to pay the Zakah (obligatory charity) for settling the debt of a deceased relative?

It is impermissible to pay the Zakah for settling the debt of the deceased since Zakah is paid to eligible recipients who are alive. As for the debts of the deceased, they are to be settled from the estate before dividing it amongst the heirs, but if the deceased didn`t leave an estate, then it is desirable for his/her heirs to settle those debts if they can afford them. And Allah Knows Best.

What is the semi-circular structure abutting the Holy Kabah?

It is the Black Stone of the Holy Kabah, and one should pass from behind it while offering Tawaf (circumambulation) because it is part of the Kabah. And Allah Knows Best.

Is it permissible to divide the Aqeeqah amongst one`s brothers and family?

Giving a portion of the Aqeeqah, even a small one, to the poor and needy is obligatory, and if one`s brothers and family are among the needy then, they are more entitled to it, and this way it is a charity and an observation of kinship ties. However, if they aren`t needy then, it is permissible to give them from the Aqeeqah after giving the poor and needy their share.