Articles

The Methodology of Fatwa in the General Iftaa` Department (*)
Author : Dr. Hassan Abu_Arqoub
Date Added : 06-04-2025

The Methodology of Fatwa in the General Iftaa` Department (*)

 

 

Question 1: What are the foundations upon which fatwa is issued?

Islamic jurisprudential issues are vast, diverse, and connected to all areas of life and human practices. The scholars of Islam have left us with an immense legacy of rulings and legislations that illuminate people’s lives with the light of divine wisdom. These rulings and legislative choices are built upon a solid foundation of recognized sources of Islamic legislation, which are:

• The Qur’an

• The Sunna (Prophetic tradition)

• Ijmaʿ (Consensus)

• Qiyas (Analogical reasoning)

• Masalih Mursalah (Specific public interests)

 

This body of jurisprudential heritage has been established within four recognized schools of Islamic law: the Hanafi, Maliki, Shafi'i, and Hanbali. There is consensus on their acceptance and recognition as valid methodologies that lead to attaining the pleasure of Allah The Almighty and to safeguarding the interests of both the nation and its people.

Since the General Iftaa’ Department is part of the ongoing scholarly journey of the broader Islamic jurisprudential movement, it has chosen to adopt one of the four recognized Madhhabs (The above schools) as the basis for the Sharia opinions it issues. Through this adoption, the Department seeks to realize the same great benefits and interests that the jurisprudential tradition has achieved throughout Islamic history, the most important of which are:

1- Safety before Allah the Almighty on the Day of Great Reckoning, by not altering or changing anything in the religion of Allah without His permission.

2- Upholding moderation, which is one of the fundamental principles of Islamic Sharia, and one of the distinctive features of the vast body of Islamic jurisprudence.

3- Avoidance of contradictory statements and deviant opinions that cause disorder in intellectual and practical life.

4- Ensuring consistency in fatwas and minimizing unnecessary disagreements as much as possible.

5- Assisting muftis in learning and issuing Islamic rulings through the easiest path; a mufti’s lifetime is too short to independently research every issue thoroughly, so relying on the rulings of past jurists is an indispensable solution.

The General Iftaa Department has chosen the Shafi'i school of thought as the basis and starting point for issuing fatwas in our blessed country for two reasons:

Firstly: It is the most widespread school of thought in our country throughout history, and it aligns with the predominant Sharia objective.

Secondly: It is a moderate school that combines the principles of both the Hadith and the opinion-based schools, producing juristic rulings that have, and continue to, serve the interests of the Muslim community and unite its ranks. While this reason is also valid for other schools of thought, the Shafi'i school has been the leader in this regard.

The commitment of the General Iftaa‘Department to issuing fatwas based on the Shafi'i school does not imply blind adherence to the juristic rulings of its scholars. Rather, the Department has an advanced approach to benefiting from all the components of the various schools of thought, within the following considerations:

1- If the issue pertains to a new contemporary matter that is not explicitly addressed in the rulings of past scholars, or if it concerns a general issue that affects the entire society or nation—whether it involves financial transactions, medical matters, or others—the Department must, in such cases, prepare special research to study the matter in light of the Sharia proofs, jurisprudential principles, and a balance between benefits and harms. Through this research, the Department will derive a Sharia ruling, which will be presented to the Iftaa` council for further discussion and deliberation, leading to a specific decision on that issue.

2- If the Ijtihad of the Shafi'i school in a particular issue does not align with the changing times, place, or circumstances surrounding the question of the inquirer—such as causing significant hardship, extreme difficulty, or when the reason for which the Shafi'i scholars issued that particular ruling has changed, or if new scientific facts and information emerge that require reconsideration of the jurisprudential choice—then in all such cases, the Iftaa` Department will re-study the issue in light of the jurisprudential principles and Sharia objectives. It will also consider the Ijtihad of all Islamic schools of thought to reach the ruling that is closest to the objectives of Sharia.

3- As for matters of personal status, such as marriage, divorce, custody, and inheritance, the Iftaa` Department relies on the (Jordanian Personal Status Law) for issuing fatwas and does not deviate from it. This is to prevent any conflict between fatwas and the Sharia judiciary in the Hashemite Kingdom of Jordan. The law is derived from the Ijtihads and opinions of Muslim scholars, which have been selected by specialized committees according to Shariah principles and criteria.

Thus, the esteemed muftis handle the issues presented to them by the public through various means of communication, within a well-organized and systematic process. This process begins by identifying the type of issue presented from the categories mentioned earlier and ends with delivering the response to the questioner as quickly as possible. If there is any delay, it is due to the thorough study that the Department conducts for dozens of issues daily. When the mufti knows that they are responsible before Allah the Almighty for every word they write, there is no doubt that they will prioritize careful consideration over haste.

Question 2: How do you choose the Iftaa` Council?

The Fatwa Law No. (60) Of 2006, and Law No. (4) Of 2009 amending the Fatwa Law, stipulate the establishment of a council in the Kingdom called the (Iftaa`, Research, and Islamic Studies Council). This council is chaired by the Grand Mufti, with membership including:

1- One of the judges from the Sharia Court of Appeals, appointed by the Chief Justice of the Courts.

2- One faculty member from the Faculty of Sharia at Jordanian public universities, specializing in Islamic jurisprudence, appointed by the Grand Mufti on a rotating basis.

3- The Mufti of the Jordanian Armed Forces.

4- The Mufti of the Capital Governorate.

5- One scholar specializing in Islamic jurisprudence from the Ministry of Awqaf, Islamic Affairs, and Holy Sites, appointed by the Minister.

6- Five scholars specializing in Islamic sciences.

Question 3: What are the most important fatwas issued recently, and what is the reason behind them?

One of the most important fatwas issued recently was the decision of the Iftaa` Council, which states that it is impermissible to remove the wombs of girls with disabilities, and emphasizes the community's responsibility toward them. The reason behind this fatwa is the widespread misconception among some people that this unethical act is permissible, and the fact that it has been practiced in reality.

Question 4: A fatwa was issued regarding the prohibition of removing the womb of girls with disabilities. What about sterilization?

It is impermissible for a man or woman to undergo any procedure that leads to permanent infertility, whether through surgery, medication, or other means. This is because sterilization involves cutting off offspring and reducing the population, which contradicts one of the main objectives of Sharia, which is to preserve lineage. However, an exception is made if trustworthy doctors decide to perform sterilization as a treatment to preserve the individual's health and well-being.

Question 5: What is the ruling on someone who goes against a fatwa?

A Muslim must obey Allah, His Messenger (peace be upon him), and the scholars who act upon knowledge. Allah The Almighty Says (What means): "O you who have believed, obey Allah and obey the Messenger and those in authority among you" [An-Nisa/ 59].

Issuing fatwas is the act of informing others about a ruling of Islamic Law, but it is not an obligation. A fatwa is a scholarly opinion that guides individuals regarding the Islamic rulings related to their acts of worship, transactions, and all aspects of life. It is informative, not binding. This means that individuals are not obligated to follow the opinion of one scholar over another unless there is a consensus.

 

(*) The original article was a journalistic interview conducted by Ammon News Agency on 11/2/2014.

 

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

Is it permissible for a woman in her menstrual period to recite from the Mus-haf (copy of the Quran ), or to recite by heart?

A menstruating woman is permitted neither to recite nor to touch the Quran according to what Ali Bin Abi Talib (May Allah be pleased with him) reported about the Prophet (PBUH) who was only held from reciting the Holy Quran by Janabah (Major impurity) [Al-Tirmizi in a sound Hadith]. Although Janabah and menstruation are major impurities, a menstruating woman is permitted to supplicate Allah (Duaa`) and make Zikr (Tasbihat ), even if these involved saying words from the Holy Quran, provided that she does not mean the words for themselves but as a supplication, or Zikr. Moreover, she is rewarded for not reciting the Quran during her menstrual period because she abided by the injunctions of Allah.

What is the ruling on the Friday bath (ghusl al-Jumu'ah)?

The Friday bath is a confirmed Sunnah, based on the Prophet's (peace be upon him) saying: "Whoever performs ablution on Friday, it is good for him, and whoever takes a bath, bathing is better." (Reported by Abu Dawud and al-Tirmidhi who said it is a hasan hadith). It is recommended for everyone who wants to attend the Friday prayer, even if they are not from its usual attendees, like a woman or a boy.
If a person is in a state of major impurity (junub) and intends by his bath both lifting the major impurity and the Friday bath, he achieves both. If he intends only one of them, he achieves only what he intended. And Allah the Almighty knows best.

What is the ruling on doubting whether one or two prostrations were performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a worshiper is in doubt regarding the number of units (rak'ahs) or prostrations (sajdahs) performed, he must build upon the minimum (i.e., assume the lower number) and perform the prostration of forgetfulness (Sujud al-Sahw) before the Salam at the end of the prayer. This is based on the report from ‘Ata’ ibn Yasar that the Messenger of Allah ﷺ said: 'When anyone of you is in doubt about his Salat (prayer) and does not know how many he has prayed, three or four (Rak'at) he should cast aside his doubt and base his prayer on what he is sure of. Then, he should perform two prostrations before Taslim (salutation). If he has prayed five Rak'at, they will make his Salat (prayer) an even number for him and if he has prayed exactly four, they (i.e. two prostrations) will be humiliation for the devil..' (Narrated by Abu Dawud).
 
It is stated in Al-Muqaddimah al-Hadramiyyah: 'If one doubts [whether he performed] a bowing (ruku’), a prostration, or a rak'ah, he must perform it and prostrate [for forgetfulness], even if the doubt is removed before the Salam—unless the doubt is removed before he performs what would potentially be an addition. Thus, if he doubts whether he prayed three or four, he is obligated to build upon the minimum.' And Allah the Exalted knows best.