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A Statement on the Importance of Getting Fatwa from its Reliable Sources to Maintain Unity of the Muslim Ummah
Author : The General Iftaa' Department
Date Added : 08-09-2022

A Statement on the Importance of Getting Fatwa from its Reliable Sources to Maintain Unity of the Muslim Ummah

 

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

We pray that Allah drives this epidemic and affliction away, blesses everyone with good health, cures all patients, and blesses our country with peace and security.

 

We remind our fellow citizens that the General Iftaa` Department receives all religious questions day and night. It is well known that the Muftis of this Department are specialized scholars and, in this regard, Allah Says (What mean): "And We sent not (as Our messengers) before thee other than men whom We inspired - Ask the followers of the Remembrance if ye know not! " [An-Nahil/43].

 

The Muftis-May Allah reward them with all that is good-shoulder the responsibility of answering questions in accordance with a moderate approach based on the Quran, Prophetic Sunna, and the Ijtihad conducted by the righteous predecessors from amongst the four schools of Islamic thought. However, they take into consideration: the situation of the questioners, customary practices as well as the differences of time and place upon which the rulings of Sharia are founded. 

 

Out of concern for maintaining the unity of the Muslim Ummah, Fatwa must be taken from its reliable source, which is the Iftaa` Department; particularly concerning public issues so as to achieve benefit and ward off evil. In fact, there were individuals from amongst the righteous predecessors who specialized in issuing Fatwa, such as the Mufti of Mecca and the Mufti of Medina…etcetera.

 

Consequently, we advise individuals, who aren`t in charge of delivering Fatwa, to stop doing that. This is because their Fatwa mostly represents one viewpoint that may not suit the everyday reality, leading to inciting the people and spreading doubts. In other words, its harm outweighs its benefit.

 

We call on all citizens not to take Fatwa from other than the Iftaa` Department, which is the reliable authority in charge of Fatwa affairs.

 

We also stress that the Muftis of our Department are willing to answer all questions all the time, be that via telephone, internet, or short messages. And All success is attributed to Allah.

 

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Summarized Fatawaa

What is the ruling of Islamic Law on the prayer of zawal?

 

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.
It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."
The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.
And Allah the Almighty knows best.

Is it permissible for a religious young Muslim woman to love a young man for Allah`s sakes?

Such love between the two sexes is from the devil`s evil suggestions, and a pure Muslim woman should beware of such a matter, and she shouldn`t mix with non-Mahrams (Marriageable ).

What is the ruling on I‘tikaf in Ramadan?

I‘tikaf is Sunnah in Ramadan, and it is even more emphasized in the last ten nights, in the hope of witnessing Laylat al-Qadr.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

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