The Fatwa Approach Adopted at the General Ifta' De


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

Does the use of suppositories, enemas, or hemorrhoid creams affect the validity of fasting?

Enemas and suppositories inserted through either of the two private passages invalidate the fast. This ruling is based on the statement of Ibn Abbas (may Allah be pleased with him): "Breaking the fast occurs from what enters (the body), not from what exits." [Reported by Al-Bayhaqi in As-Sunan Al-Kubra]
His generalization regarding anything entering the body indicates that it invalidates fasting, whether it is nutritious or not, as even non-nutritious substances resemble food in form.
It is recommended to use them before Fajr or after Iftar. However, if a person must use them while fasting, they should continue refraining from food and drink for the rest of the day and make up for that day later.

Is it permissible to authorize charitable organizations to perform the Udhiyah on one`s behalf?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to authorize charitable organizations to perform the sacrifice (Udhiyah) on one’s behalf. However, if these organizations undertake the slaughtering for a group of people, those in charge of the slaughtering must maintain lists of the names of those who authorized them. Furthermore, at the time of slaughter, the slaughterer must intend that the specific sacrifice is on behalf of a specific person. And Allah the Almighty knows best.

What is the Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.

What is the Islamic punishment for the one who neglects prayer?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Neglecting the prayer (Salah) is among the major sins (Al-Kaba’ir). One who neglects it out of laziness is considered a transgresor (Fasiq), while one who neglects it while denying its obligation is a disbeliever (Kafir). And Allah the Exalted knows best.