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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

Does the Obligatory Ritual Bath (Ghusl) Suffice in Place of Ablution (Wuḍūʾ)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The more prudent course is to perform ablution (wuḍūʾ) after the ritual bath (ghusl), so as to exit the difference of scholarly opinion and because the sufficiency of the ritual bath in place of ablution is contingent upon a number of conditions and requirements being met. And Allah the Almighty knows best.

What are the conditions governing the portion that must be distributed to the poor from a voluntary uḍḥiyyah (sacrificial offering)?

 
 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The following conditions apply to the portion distributed to the poor from the sacrificial animal:
First: It must be meat — it isn`t valid to give the poor organs or offal such as the liver.
Second: It must be given raw — cooked meat does not fulfil the requirement.
Third: It must amount to no less than half a kilogram. And Allah Almighty knows best.

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.

Is the marriage contract considered valid if concluded at home by the marriage official (Ma`zon)?

Yes, it is valid as long as it is registered at the court.