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Fatwa is Accepted only from a Scholar of Sharia
Author : The General Iftaa` Department
Date Added : 19-10-2022

Fatwa is Accepted only from a Scholar of Sharia

 

The General Iftaa` Department congratulates Muslims for the arrival of Ramadan and reminds that Fatwa isn`t accepted save from a scholar of Sharia. The Department asks Allah to make this a month of goodness, blessings, and victories for Muslims both in the east and the west.

Questions related to various aspects of life are frequently asked in this blessed month meeting the meaning of the following verse (What means): "if ye realise this not, ask of those who possess the Message." [An-Nahil/43]. This gives us great pleasure as it indicates the Muslim nation`s adherence to the religion of Islam, Thanks to Allah.

 

We remind our Muslim brothers that it isn`t permissible to deliver Fatwas in religious matters save by someone who is specialized in Sharia sciences and, as known to all, this era is one of specialty in all sciences including Sharia. Whoever delivers fatwas without knowledge has gone astray and led others astray, as was reported from the Messenger of Allah. Sharia science should be learned from the trustworthy scholars of Sharia because books contain aberrant and weak sayings and none knows the truth save the learned men of the faith.

 

Conversely, it isn`t permissible for a Muslim to seek fatwa from someone who isn`t well versed in Shariah sciences since Almighty Allah has condemned such individuals where He Said (What means): "Let them bear, on the Day of Judgment, their own burdens in full, and also (something) of the burdens of those without knowledge, whom they misled. Alas, how grievous the burdens they will bear!" [An-Nahil/25]. Therefore, the individual who acts upon the fatwa delivered by unspecialized persons will be held liable before Allah. In our country, thanks to Allah, there are many scholars of Shariah working in various faculties of Sharia, and they have obtained their knowledge through reliable scholarly methods. 

 

The Department communicates with the audience through all available methods where highly qualified scholars answer their questions. Last Ramadan, more than a thousand questions were answered. This is hard work but we are pleased to serve Allah and His religion.

 

Due to their specifity, some questions are submitted to the Board of Iftaa`, which includes an elite group of qualified Jordanian scholars.

Based on all of this, there is no excuse for anyone not to ask jurists of recognized competence.

 

We wish success to all and remind that the righteous predecessors used to say: "Be careful who you take your Din from/Indeed, this knowledge is your religion, so look whom you take your religion from."

Peace and blessings to you all.

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Summarized Fatawaa

Is it permissible for a woman to ride a taxi without a Mahram (unmarriageable kin) in order to attend a gathering of knowledge?

It is permissible for the woman to pursue the knowledge that she needs in order to perform the religious requirements due on her if there was nobody to teach her at home, provided that there is no temptation involved. Moreover, we don`t recommend that she rides a taxi without a Mahram although such an act isn`t from the forbidden Khulwah (seclusion).

Is it recommended (mustaḥabb) for the one offering  a voluntary sacrifice (uḍḥiyyat taṭawwuʿ) to eat from its meat?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is highly recommended (Mustahabb) for the person offering a voluntary Udhiyah (sacrificial animal) to eat from its meat, but it is not an obligatory requirement (Wajib). Allah the Almighty says {what means}: "So eat of them and feed the needy who do not beg and the beggar. Thus have We subjected them to you that you may be grateful." (Al-Hajj/ 36)
 
"So eat of them": This directive is an encouraging recommendation, not a binding command.
 
The Qani’ (the needy who do not beg): Refers to a poor person who refrains from asking people for help out of dignity.
 
The Mu’tarr (the beggar): Refers to a poor person who explicitly asks others for assistance. And Allah the Almighty Knows Best.

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.