The Fatwa Approach Adopted at the General Ifta' De


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

Is a wife considered divorced if her husband refused to go to bed with her (for sexual intercourse) for two months?

A wife doesn`t get divorced no matter for how long her husband refuses to have sex with her, and she had better go to court.

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

What is the ruling on performing the Istikhara prayer after the Witr paryer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Istikhara prayer (Prayer for seeking guidance) is a Sunnah. It consists of two units (rak’ahs) performed outside of the obligatory prayers, after which the person supplicates with the traditionally narrated du’a. It is permissible to perform it before or after the Witr prayer, as the Istikhara prayer is recommended at all times except during the disliked times—the periods in which prayer is prohibited. This is because its specific reason (the Istikhara and supplication) occurs after the prayer itself, and any prayer with a subsequent reason is not permitted during the prohibited times. It should be noted that the two rak’ahs of Istikhara are not fulfilled by performing only one rak’ah, nor by a prostration of recitation (Sajdat al-Tilawah), nor by a funeral prayer (Janazah). And Allah the Exalted knows best.

What is the ruling on wiping the head during ablution from behind a barrier like a headscarf (hijab)?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. As for one who has a turban or headscarf on their head, it is permissible for them to wipe over it after wiping a part of their head in any place. This is easily done at the front of the head. This means the woman begins by wiping the front of her head from under the headscarf, then completes the wiping to the back of the head from over the headscarf. If the woman wipes over the headscarf on her head and the moisture reaches the scalp or some hair within the boundaries of the head, it suffices for wiping the head. And Allah the Almighty knows best.