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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

Who is obligated to fast?

The one obligated to fast is the Muslim who is of sound mind, mature, capable of fasting, and free from obstacles such as menstruation or postpartum bleeding. And Allah Knows Best.

What should a mensurating woman, or in state of confinement do if she became ritually pure during the daytime of Ramadhan ?

If she became pure during the daytime of Ramadhaan, is desirable to complete her fasting during that day, and to make up for it along with other missed days due to menstruation. And Allah Knows Best.

What is the ruling of Sharia on a Muslim woman who committed Zina with a Christian and became pregnant as a result?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Abortion is forbidden in Islam as it entails taking the life of a soul unjustly. Rather, it is one of the major sins; however, it is permissible only when there is well-established danger on the mother`s life; in which situation scholars gave priority to her life over that of the foetus, since this is, according to Sharia: "The lesser of two evils". In case a Muslim woman committed Zina (Adultery) with a Christian and got pregnant, if this did happen, then this question should be presented to the Iftaa` Committee with the presence of the questioner herself. She could also ask a reliable scholar face to face or via phone. If she gives birth to the baby, then he/she is a Muslim and takes the name of his mother; not the name of the man who was a reason for its conception. And Allah The Almighty Knows Best.

I am a wholesale gold trader. My clients are retail gold shop owners. I sell them gold jewelry and ornaments on credit, and they repay me in weekly installments over a period of two months or more. The payments are made in cash for the labor charges and for the gold they owe me. In return, they may give me either cash or used gold.
 

It is not permissible to sell gold or silver on an installment basis or with a deferred payment; rather, immediate exchange is required. The Messenger of Allah (PBUH) said: "Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt, like for like, hand to hand. Whoever gives more or asks for more has engaged in usury; the giver and receiver are the same in this regard." (Muslim). Additionally, the weight of the gold must be equal when exchanging new for used; otherwise, it involves usury. The solution is to buy the used gold with cash, then sell the new gold for cash as well. However, payment must be made at the time of the transaction in both cases. Alternatively, one could take the used gold with the intention of refining it, reshape it into a new form, or repair it, then take a fee for the workmanship or repair. And Allah Knows Best

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