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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 a suitor (khāṭib) going out alone with his fiancée before the marriage contract is concluded?

It is unlawful for a suitor, prior to the marriage contract , to do anything that would be unlawful for any non-maḥram man — including touching his fiancée, being secluded with her (khalwah), or seeing her without her complete sharī‘ah-compliant covering — even after the recitation of al-Fātiḥah (This is a cultural custom to seek Allah's blessing (barakah) and mark mutual consent) and the family's approval [of the engagement]. This is because the engagement, without the formal marriage contract, does not render unlawful matters permissible. And Allah, the Exalted, knows best.

Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

A woman made a wig for herself from her own [previously shed] hair, which she wears on her head after having lost her hair [due to hair loss]. Is this permissible?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Since the hair belongs to the woman herself, the wig can be removed during the obligatory ghusl (ritual bathing), and part of the head can still be wiped during wuḍū' (ablution), there is no sharī‘ah objection to making this wig — provided she does not appear wearing it in front of non-maḥram men (Any males outside a woman's immediate family whom she is permitted to marry under Islamic law), since it is not permissible for them to look at a woman's detached hair.
It is stated in Rawḍat aṭ-Ṭālibīn wa ‘Umdat al-Muftīn: "Whatever it is not permissible to look at while still attached [to the body] — such as the male genitalia, a free woman's forearm, the hair of her head, and a man's pubic hair, and similar matters — it remains unlawful to look at even after it has been detached [from the body], according to the more correct position (al-aṣaḥḥ)." And Allah, the Exalted, knows best.

What is the ruling on one who vowed not to speak to a certain person, then forgot his vow and spoke to him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Whoever swears an oath or makes a vow to abstain from something has a choice: if he wishes, he may keep to his vow, or if he wishes, he may offer the expiation of an oath (kaffārat yamīn). The Prophet (peace and blessings be upon him) said: “The expiation for a vow is the expiation for an oath.” Narrated by Muslim. This type of vow is called a nadhr al-lajāj (a vow made in stubbornness or anger).
If a person makes a vow and then forgets it, nothing is due from him, for forgetfulness is among the excuses that lift legal responsibility (taklīf) from a Muslim. This is based on the saying of the Prophet (peace and blessings be upon him): “Actions are judged only by intentions, and every person will have only what he intended.” [Narrated by al-Bukhārī]. There is no intention for the one who forgets or errs. It is also based on the report: “Indeed, Allah has pardoned for my Ummah mistakes, forgetfulness, and what they are compelled to do.” Narrated by Ibn Mājah and others, and graded authentic by Ibn Ḥibbān and al-Ḥākim.
It is stated in ʿUmdat al-Sālik (p. 243), one of the books of the Shāfiʿī school: “Whoever swears, [for example], ‘I will not enter the house,’ and then enters it forgetfully, ignorantly, under compulsion, or being carried, he does not break his oath.” And Allah Almighty knows best.