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The Fatwa Approach Adopted at the General Ifta' De



Iftaa' Department


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.

  

Summarized Fatawaa

What is the ruling on forgiving a tenant next month's rent, with the intention of counting it toward zakāh al-māl?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It does not fulfill the obligation to count the rent owed on a house, or a portion of it, in lieu of zakāh. Rather, it is necessary to first transfer ownership of the zakāh amount to the poor person directly; only afterward may he be asked to pay the rent [from that money].
It is stated in ‘Umdat as-Sālik (p. 112): "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]."
We would also remind [the reader] of the ḥadīth of the Prophet ﷺ: "The Muslim is the brother of the Muslim: he does not wrong him, nor does he abandon him [to harm]. Whoever attends to the needs of his brother, Allah, the Mighty and Majestic, will attend to his needs. Whoever relieves a Muslim of a hardship, Allah, the Mighty and Majestic, will relieve him of one of the hardships of the Day of Resurrection. And whoever conceals [the faults of] a Muslim, Allah will conceal him on the Day of Resurrection." (Agreed upon). And Allah, the Exalted, knows best.

Is it permissible to sleep after the time of the Fajr prayer has begun, with the intention of waking up shortly afterward?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
If a person sleeps after the time of Fajr has begun, with the second adhān, then sleeping is forbidden (ḥarām) at that point, unless he is certain that he will wake up and perform the prayer within its time. And Allah Almighty knows best.

What is the ruling on bypassing a nearby mosque for a distant one?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a distant mosque has a larger congregation (Jama‘ah) while the congregation in the nearby mosque is smaller, and the congregation in the nearby mosque is not adversely affected by the worshiper's absence, then it is better for him to pray in the distant mosque with the larger congregation. However, if the congregation in the nearby mosque would be affected by his absence—such as if he is its Imam, or if his presence encourages others to attend—then praying in the nearby mosque is better. This ensures that the congregation is established in two different locations within the community. This is based on the saying of the Prophet ﷺ: 'A man's prayer offered with another man is purer than his prayer which he offers alone, and his prayer with two men is purer than his prayer with one and if they are more (in number), it is more beloved to Allah, the Mighty the Majestic' (Narrated by Ahmad, Abu Dawood, and An-Nasa'i). And Allah the Exalted knows best.

Is it permissible for me to eat from the animal that I slaughtered for Allah to protect my family?

It is permissible to eat from the non-vowed animal sacrifice, and the person is rewarded based on the amount of meat that he had given to the poor. However, there is no evidence in Islamic Sharia indicating that slaughtering an animal protects one`s family, but it is a way for thanking Allah, The Almighty, for his grace.

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