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The Mufti is he who Issues a Fatwa that Leads to your Salvation, not one that Merely Pleases your Desires
Author : Dr. Mahmoud Muhaidat
Date Added : 24-06-2025

The Mufti is he who Issues a Fatwa that Leads to your Salvation, not one that Merely Pleases your Desires

 

From the words of His Eminence Sheikh Nuh Al-Qudha (may Allah have mercy on him):

"The Mufti is the one who gives you a fatwa that leads to your salvation, not one that simply pleases you."

Allah The Exalted Says (What means): "He grants wisdom to whom He wills, and whoever is granted wisdom has truly been given much good. But none will remember except people of understanding."

[Al-Baqara/269].

The scholars have mentioned that one of the meanings of Hikmah (wisdom) mentioned in this verse is accuracy in speech. Anas said: "It is knowledge of the religion of Allah, understanding, and adherence to it." Al-Hasan said: "It is piety, and it is also obedience to Allah, understanding of the religion, and acting upon it." Ibrāhīm Al-Nakhaʿī said: "It is understanding of the Qur’an." [Tafsīr Al-Qurṭubī, vol.3/p.330].

After this clarification of the concept of Hikmah—which is only granted to those whom Allah intends good for—I say: Whoever lived during the time of His Eminence Sheikh Nūḥ (may Allah have abundant mercy on him) and interacted with him, there is no doubt that he would realize that the Sheikh was among those who had been granted wisdom in all its meanings. When he spoke, he spoke with precision; when he issued a fatwa, he did so based on knowledge of Allah’s religion; when he interpreted (the Qur’an or religious matters), he conveyed deep understanding; and when he gave admonition, he acted upon what he advised.

Therefore, I say—while we do not ascribe purity to anyone before Allah—that His Eminence was indeed among those to whom Allah granted wisdom. And here is the motto he raised for us at the General Iftaa’ Department, which is a clear indication of his wisdom (may Allah have mercy on him): "The Mufti is he who issues a fatwa that leads to your salvation, not one that merely pleases your desires."

Whoever reads and reflects on this motto will notice that it guides both the mufti (scholar issuing the fatwa) and the Mustafti (questioner) as follows:

For the Mufti, it directs him to:

- Not follow personal desires in issuing fatwas.

- Exercise caution and patience in delivering a ruling.

- Not fear the blame of critics when speaking the truth for the sake of Allah.

- Ensure the fatwa aligns with the Qur’an, Sunna, and scholarly consensus.

For the Mustafti (A person seeking the religious opinion from a Mufti/Scholar), it reminds him to:

- Trust the Mufti, knowing that he seeks their salvation, not their ruin.

- Accept the ruling of Allah in their matter.

- Avoid objecting to the fatwa simply because it opposes their personal desires or seeking to alter it.

- Refrain from pressuring the mufti to issue a ruling that conforms to their inclinations.

This is just some of what can be observed in the motto established by His Eminence (may Allah have mercy on him).

In conclusion, I ask Allah The Exalted to envelop him in His Mercy and Forgiveness, to benefit us and the Ummah through his knowledge, and to gather him and us among those upon whom Allah has bestowed His grace—of the prophets, the truthful, the martyrs, and the righteous. What excellent companions are they! Indeed, He is the Guardian over that and All-Powerful.

The published article reflects the opinion of its author

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What are the conditions for the validity of the slaughtering process according to Sharia?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Regarding the Sharia-mandated conditions for the validity of the slaughtering process (Adh-Dhabh), they are as follows:
 
The Identity of the Slaughterer: The person performing the slaughter must be either a Muslim or from the People of the Book (Christian or Jewish).
 
The Required Cuts: Both the trachea (windpipe/breathing passage) and the esophagus (food passage) must be completely severed.
 
Stability of Life: The animal must possess stable life at the start of the slaughtering process. This is identified by clear signs, such as vigorous movement or the forceful gushing of blood after the throat and esophagus are cut.
 
The Tool of Slaughter: The tool used must be sharp, capable of cutting or piercing by its edge and not by its sheer weight or blunt force.
 
And Allah the Almighty knows best.

What is the ruling on a Friday sermon in which the khaṭīb did not explicitly exhort the congregation to be conscious of Allah (taqwā) in both sermons, but sufficed with commanding them to obey Allah and refrain from disobeying Him?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
For the Friday sermon (khuṭbat al-Jumʿah) to be valid, certain essential pillars (arkān) must be fulfilled. Among these is the exhortation to be conscious of Allah (waṣiyyah bi-taqwā Allāh), which must be present in both sermons. Alongside this pillar, the praising of Allah (ḥamdallah) and the sending of blessings upon the Messenger of Allah ﷺ are equally required.
Shaykh al-Islām Imām Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "These three are pillars in each of the two sermons, because each sermon is independent and separate from the other." [Tuḥfat al-Muḥtāj,Vol.4/P.447]
It is not a condition that the exhortation be expressed in any specific wording, nor is it required that the word "taqwā" itself be used — such as saying "I exhort you to be conscious of Allah." Rather, this pillar is fulfilled by any expression that contains a command to obey Allah the Almighty and to abstain from what He has prohibited.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "The third pillar is the exhortation to taqwā... The specific wording of this exhortation is not required, according to the most correct view, because the purpose is admonition and the urging of obedience to Allah the Almighty. Therefore, any expression that conveys admonition suffices — whether long or short — such as: 'Obey Allah and be ever mindful of Him.'" [Mughnī al-Muḥtāj,Vol.1/P.550]
Accordingly, what the khaṭīb has done — by commanding obedience to Allah and forbidding disobedience to Him in both sermons — is valid and sufficient. And Allah the Almighty knows best.

What is the ruling on having an intention (Niyyah) for every prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Intention (Niyyah) is a pillar (Rukn) without which the prayer is not valid. The worshiper must have an intention for every prayer, meaning they must consciously intend the act of worship they are performing. Its timing must coincide with the opening Takbir (Takbirat al-Ihram). It is not a requirement to utter it verbally; rather, doing so is considered a recommended Sunnah. There are three levels of intention:
 
1-If the prayer is obligatory (Fard): It is mandatory to include the Intent (to pray), the Specification (which prayer, e.g., 'Asr), and the Obligation (recognizing it as a Fard). For example, one should bring to mind or say: 'I intend to pray the Fard of 'Asr.'
 
2-If it is a voluntary prayer restricted by a specific time or cause (Sunnah Muqayyadah): It is mandatory to include the Intent and the Specification. For example: 'I intend to pray the Sunnah before Zuhr' or 'I intend to pray Duha.'
 
3-If it is an absolute voluntary prayer (Nafl Mutlaq): It is sufficient to simply have the Intent to pray. For example: 'I intend to pray.'
 
And Allah the Exalted knows best.