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

Are school exams a valid excuse for breaking the fast in Ramadan?

School and university exams are not considered a valid excuse for breaking the fast, as most students take their exams while fasting without experiencing extreme hardship. Fasting does not conflict with exam preparation, and a Muslim seeks strength in obedience to Allah for both worldly and spiritual matters.

What are the Sunnahs and etiquettes recommended for the person offering the Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
There are several Sunnahs and etiquettes that are recommended for the person offering the Udhiyah (sacrifice) to observe, including:
 
1. Refraining from Cutting Hair and Nails
It is Sunnah for the one intending to sacrifice to refrain from removing any hair or nails once the first ten days of Dhul-Hijjah begin.
 
The Prophet (peace be upon him) said: "When the ten days [of Dhul-Hijjah] begin and one of you intends to offer a sacrifice, let him not touch [remove] any of his hair or skin." [Narrated by Muslim].
 
If someone does remove any hair or nails, they have not committed a sin, and their sacrifice remains valid.
 
2. Performing the Slaughter Personally (or Witnessing it)
It is recommended for the person offering the sacrifice to slaughter the animal themselves. If they are unable to do so, they should witness the slaughter.
 
The Messenger of Allah (peace be upon him) said to Fatimah (may Allah be pleased with her): "Stand and witness your sacrifice, for indeed, with its first drop of blood, your [previous sins] are forgiven." [Narrated by Al-Bayhaqi and Al-Tabarani; it is classified as a weak (da'if) hadith].
 
3. Facing the Qiblah
The animal should be positioned to face the Qiblah at the time of slaughter, as the Qiblah is the most noble of directions.
 
4. Mentioning Allah's Name (Tasmiyah)
The slaughterer should say: "Bismillah ar-Rahman ar-Rahim" (In the name of Allah, the Entirely Merciful, the Especially Merciful). Even if one forgets to say it, the sacrifice is still permissible to eat.
 
Allah (Blessed and Exalted be He) says: "So eat of that [meat] upon which the name of Allah has been mentioned" [Al-An'am: 118].
 
It is also recommended to send blessings upon the Messenger of Allah (peace be upon him) and to say "Allahu Akbar" (Allah is the Greatest) after the Tasmiyah.
 
5. Supplicating for Acceptance
The slaughterer should pray for the sacrifice to be accepted by saying:
 
"O Allah, this is from You and for You, so please accept it from me." (Allahumma hadhihi minka wa ilayka, fataqabbal minni).
 
And Allah the Almighty knows best.

Who is the "Capable Person" for whom the Udhiyah is prescribed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Capable Person (Al-Qadir): is the one who possesses wealth in excess of their own basic needs and the needs of their spouse, children, or anyone they are responsible for supporting, during the day of Eid and the three days of Tashreeq; as this period constitutes the designated time for the sacrifice. And Allah the Exalted knows best.

Must a person refrain from eating for the rest of the day if they break a fast of a vow (nadhr) or a make up fast (qada)?

 

Whoever observes a vowed fast (nadhr) or a makeup fast (qada) is prohibited from breaking it without a valid excuse. If they break it without a legitimate reason, they are sinful.
However, they are not required to refrain from eating for the rest of the day, because such restraint is only required out of respect for the month of Ramadan, not for other types of fasting.