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The Fatwa Approach Adopted at the General Ifta' De



Iftaa' Department


The Fatwa Approach Adopted at the General Ifta' Department

Issues of Fiqh (or Islamic jurisprudence) are variable, addressing all practices of people in all life aspects. Muslim scholars wrote down numerous Islamic provisions and legislations allowing the divine wisdom to illuminate people's lives. Those provisions have a solid base for their legislative and jurisprudence stemming from the basic legislation sources: the Holy Quran, Sunnah, Consensus, Analogy and common benefits. This Fiqh heritage has been collected in four Islamic schools of thought (Madhaheb): Hanafi, Maliki, Shafi'i and Hanbali. It is agreed upon those schools (madhaheb), and they are accepted as the path to achieve Allah's blessings and to protect the welfare of people and countries.
Since the General Department of Al Ifta' has been a part of the scientific progress for the general Fiqh movement, it decided to adopt one of those four schools as a base for its Fatawa (answers) in order to achieve the benefits and goals of the Fiqh movement in the Islamic history. Those goals include:
1.  Being safe with Allah and in the Day of Judgment by not changing anything permitted by Allah in Islam.
2. Achieving moderation which is a fundamental in the Islamic Shari’a and has been a constant in the heritage of the Islamic Fiqh.
3. Avoiding contradicting sayings and abnormal views which may cause flaws in practical and intellectual life.
4. Regulating fatwa and eliminating useless disagreements as much as possible. 
5. Assisting Muftis (people who provide Fatwa) to learn the Islamic legislations easily as it may take a life time for a Mufti to study and give fresh rulings on every issue he is asked about. Thus, learning the fatwa of previous muftis is an inevitable solution.
Al Iftaa Department has chosen the school of Al Imam Al Shafi'i as a base to which it refers in providing fatwa for two reasons:
1. It is the most common school (Madhhab) in our countries in history. Following the majority and what is common is a goal.
2. It is a moderate school/Madhhab gathering between the foundations of schools of thought and hadith. This Madhhab originated Fiqh innovations which have been and still a cause in achieving the interests of the nation and unifying Muslims. Noteworthy that this cause has been achieved by other schools/Madhaheb but Al Imam Al shafi'i’s school/Madhhab has been leading in this field.
The Department of Ifta'a's commitment to this Madhhab doesn't mean absolute imitation of all the innovations of the Faqihs (experts in Islamic jurisprudence), but the department has its advanced approach in benefiting from all items and topics in other schools/madhaheb taking into consideration the following:
1. If the case is related to a contemporary issue not mentioned in previous fatwa/innovations by Faqihs, or if it is one of the general topics important to the society or the nation as a whole, either in financial transactions, medical issues or others, then Al Iftaa Department must prepare special studies to research the issue within the frame of the evidence in the Shari’a law and Fiqh rules. In addition, it tries to balance the cons and pros to conclude a fatwa to be presented to the Iftaa Council. The Council holds discussions in order to reach a decision about the needed issue.
2. If the innovation of the Shafi'i Madhhab concerning a certain issue was not corresponding to the changing time, place and conditions in the time when the question is raised for the Mufti, this matter may cause troubles. The Department of Al Iftaa re-searches the question in line with the Fiqh rules and Shari’a goals benefiting from the innovations of all Islamic schools/Madhaheb in order to issue the fatwa which is the closest to the Shari’a rules and purposes.
3. In personal status or issues like marriage, divorce, heritage and custody of children, the Department of Ifta'a refers to the Jordanian Personal Status Law in its Fatwas to avoid any difference between Iftaa and Legitimate Law in the Kingdom. The law however is based on the innovations and opinions of Muslim Faqihs, selected according to Shari’a disciplines by specialized committees.
In that ways the muftis deal with the questions sent to them through different communication methods, according to regulated and coordinated steps starting from identifying the type of question and ending with sending the answer as soon as possible. However, any delay might be caused by the detailed study for tens of issues handled by Al Iftaa Department on a daily basis especially that Muftis know that they will be asked by Allah about every word they write, thus they prefer not to be hasty in issuing fatwa and answering questions.  

Summarized Fatawaa

What is the difference between Tahajjud prayer and night prayer, and do they have a particular Witr prayer other than that of Isha (evening prayer)?

Tahajjud and Qiyam-Al-Lail (night prayer) are two words for the same meaning which is offering voluntary prayer at night after sunset, but before dawn break. However, Tahajjud is offered after waking up; whereas, Qiyam-Al-Lail is permissible before sleeping, or after it. Therefore, every Tahajjud is a Qiyam, but not every Qiyam is a Tahajjud. Moreover, there is no specified Witr for both of them, but Witr after Isha is by itself the Witr of Qiyam, and it is a Sunnah to postpone it until after Qiyam if the worshiper thought that he was most probably going to wake up in order to offer it, but if he wasn`t sure of waking up, then he is at liberty to offer it before going to bed as was reported in the Prophet`s Hadith.

I have mixed (halal and haram) money, and I want to purify it. My father is poor, and I want him, my mother, and my mother-in-law to perform Hajj, along with myself and my wife, as they need care due to their old age. Is it permissible to use this money for Hajj, or what should I do with it? Please advise.
 
 
 
 
 

If you knew the exact amount of unlawful money, then you should give as a charity, and if didn't then try to figure out the closest amount in order to give it as a charity. 
As for performing Hajj, perform it by using your lawful money. May Allah Bless you for being dutiful to your parents and your mother in law and for your attempt to serve them, And Allah Knows Best.

Allah The Almighty Made marrying up to four women lawful, but human beings prohibit that with their own land laws. What is the position of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
What Allah has made lawful, human beings can`t make it unlawful. However, taking the decision to marry up to four women requires material and physical abilities, in addition to having the courage to make such a decision. And Allah The Almighty Knows Best.

An engineer has to work in a circuit system of a non-Islamic bank. What is the ruling on the income she receives from doing this job?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Necessity lies in fearing for one`s life, honor or mind, so the wage received for doing a forbidden job is equally forbidden. Kindly contact the Iftaa` Department to further clarify the nature of your work. And Allah The Almighty Knows Best.

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