The Fatwa Approach Adopted at the General Iftaa' Department
The questions of Islamic jurisprudence are many and varied, and they touch every sphere of life and every human practice. The scholars of Islam have left us a vast legacy of rulings and legislation that illuminates people’s lives with the light of divine wisdom. Their juristic and legislative choices rest on a firm foundation of recognized sources of law: the Qur’an, the Sunnah, consensus, analogy, and considerations of public interest.
This juristic heritage has settled into four recognized schools of Islamic thought: the Ḥanafī, the Mālikī, the Shāfiʿī, and the Ḥanbalī. There is consensus that they are to be adopted and regarded as valid paths to attaining the pleasure of Allah the Mighty and Majestic and to safeguarding the interests of the land and its people.
Since the General Iftaa`Department is one link in the scholarly chain of the broader juristic movement, it chose to adopt one of the four schools as the point of departure and foundation for the juristic positions on which it issues fatwas. Through this adoption, it seeks to secure the great benefits and interests that the juristic movement has realized throughout Islamic history, foremost among them:
1. Safety before Allah the Mighty and Majestic on the Day of the Great Reckoning, so that we do not alter or change anything in Allah’s religion without His leave.
2. Realizing moderation, which is among the foundations of the Islamic Sharīʿah and one of the distinguishing features of this vast juristic legacy.
3. Safety from inconsistent opinions and anomalous views that cause disorder in intellectual and practical life.
4. Ensuring discipline in the issuance of fatwas and reducing unproductive disagreement as far as possible.
5. Helping muftis arrive at the Sharīʿah rulings by the easiest route. A lifetime would not suffice for a mufti who sought to exercise full ijtihād on every question put before him, so drawing upon earlier jurists is the indispensable solution.
The General Iftaa` Department chose the school of Imam al-Shāfiʿī as the foundation and point of departure for fatwas in our blessed land, for two reasons:
First: it is the most widespread school in our country throughout history, and taking account of the majority is an objective of the Sharīʿah.
Second: it is a moderate school that combined the principles of the school of ḥadīth and that of considered opinion. It produced juristic conclusions that have been, and remain, a means of serving the interests of the Ummah and uniting its word. Although this quality is found in the other schools as well, the school of Imam al-Shāfiʿī took the lead in it.
The Department’s commitment to issuing fatwas according to the Shāfiʿī school does not mean complete taqlīd (to follow the opinion of a scholar without knowing the evidence on which it is based) to the conclusions of the school’s jurists. Rather, the Department has an advanced approach to benefiting from the full range of positions of all the schools, within the following parameters:
1. New contemporary issues (nawāzil). If a matter concerns a new development of the age not addressed in the jurists’ rulings, or is a general matter affecting society or the entire Ummah, whether in financial transactions, medical issues, or other areas, the Department must prepare dedicated studies examining it in light of the Sharīʿah evidence and legal maxims, and weighing benefits against harms. It arrives at a Sharīʿah ruling that is presented to the Iftaāʾ Board for deliberation, leading to a formal decision on the matter.
2. Where the Shāfiʿī position no longer suits changed circumstances. If the Shāfiʿī position on a particular question does not suit changes of time, place, and the circumstances surrounding the questioner, for example where it would cause severe hardship or extreme difficulty, or where the underlying reason for which the Shāfiʿī jurists stipulated the position has changed, or where new scientific information or facts call for revisiting the juristic choice, in all these cases the Department re-examines the question in light of the legal maxims and the objectives of the Sharīʿah. It draws on the conclusions of all the Islamic schools to reach the ruling closest to the Sharīʿah’s objectives.
3. Personal status matters. In matters such as marriage, divorce, child custody, and inheritance, the Department relies on the Jordanian Personal Status Law and does not depart from it, so as to avoid any conflict between the Iftaāʾ institution and the Sharīʿah judiciary in the Kingdom. The law draws on the conclusions and opinions of Muslim jurists, selected on sound Sharīʿah principles and criteria by specialized committees.
Thus, the esteemed muftis handle the questions that reach them from the public through various channels, within a graduated sequence and a precise mechanism. It begins by determining which of the above categories the question falls under, and ends with the answer reaching the questioner as quickly as possible. Where delay occurs, it is only because of the detailed study the Department undertakes for dozens of questions each day. A mufti who knows that he is answerable before Allah the Mighty and Majestic for every word he writes will undoubtedly prefer deliberation and care over haste and hurried judgment.
And Allah is the Granter of success.
