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*Fatwa and Sustainable Development Goals
Author : His Grace Shiekh Abdulkareem Al-Khasawneh
Date Added : 31-10-2022

*Fatwa and Sustainable Development Goals

 

Allah The Almighty has created man and appointed him a successor on earth. He The Exalted Says (What means): "Behold, thy Lord said to the angels: "I will create a vicegerent on earth." [Al-Baqarah/30]. Succession entails living on earth and developing it from human, cultural, material, universal, and ethical perspectives. Allah The Almighty Says (What means): "It is He Who hath produced you from the earth and settled you therein." [Hud/61]. This can`t be achieved save through connecting with the Creator Who entrusted man with this great mission and following His directives so that living on earth and developing it doesn`t deviate from the course of high values and principles, which guarantee justice, Ihsan (kindness), and the best investment of capacities and competences.

 

One aspect of this connection is the Fatwa (legal edict/advisory opinion) which intertwines with real life to enable man to perform the task of succession. In fact, Fatwa doesn`t impede the process of development; rather, it paves the way for steering and sustaining the wheel of development in various spheres of life. This is achieved through setting up Sharia controls that correct the development process and keep it on the straight path that Pleases Allah.

 

Signs of sustainable development have appeared since the Prophet`s era where he (PBUH) rooted the concept of "Futuristic Fatwa" through providing answers for hypothetical facts that haven't happened yet and how to deal with them in the event of their occurrence.  Abu Hurairah (May Allah be pleased with him) reported: A man came to the Messenger of Allah (PBUH) and asked: "O Messenger of Allah! What shall I do if someone comes to me with the intention of taking away my property?" He replied: "Do not hand over it to him." The man asked: "What shall I do if he fights me?" The Messenger of Allah (PBUH) said: "Then fight him." "What will be my position in the Hereafter if he has killed me?" The Messenger of Allah (PBUH) replied: "In that case you are a martyr." The man asked: "What if I killed him?" The Messenger of Allah (PBUH) replied: "He will be in the Hell- fire." [Moslim].

 

Undoubtedly, this answer of the Prophet`s establishes a key concept, which is that Islam doesn`t only take facts into consideration, but also looks to the distant future, potential developments, in addition to purposes and effects of Fatwa. The Prophet's companions and the jurists who came after them adopted this approach of visualizing issues. This is to the extent that their books included Fatwas on hypothetical facts that only happened in our time. This indicated that they had a broad perspective and foresaw the future, which paved the way for the issuance of Fatwa by the scholars.

 

Moreover, there is no doubt that Islamic Sharia has elements of power that qualify it to steer and sustain the wheel of development in any society and in various fields. This is because it comes from a divine source and its provisions are based on the directives of Almighty Allah, Who commanded living on earth and developing it, and His Prophet (PBUH). Therefore, His Sharia is perfect and capable of dealing with these elements and managing them in the correct manner. Moreover, Allah made the Muslim nation, as a whole and along with its scholars and people of experience and competence, the best nation evolve for humankind and the seal of nations carrying the legacy of Prophets in the various fields of knowledge. Consequently, its provisions are stable and, in the meantime, balances between the stability of values, principles and general rules forming the foundation of life on the one hand, and the flexibility, which enabled it to handle facts and circumstances of life and emerging issues in every time and place on the other. Accordingly, the Muslim nation deserved to be as described by Allah in the following verse (What means): "Thus, have We made of you an Ummat justly balanced." [Al-Baqarah/143]. This nation is moderate in terms of rulings, transactions, dealing with man`s needs and feelings, in tune with human nature, man`s psychological inclinations, natural needs, desires for possession, enjoying life and prosperity. However, this is without infringing upon the rights of others or transgressing against them with deception and greed, or compromising the right of Allah. Thus, the parameter is "Divine Legitimacy," which is the guarantor for this moderation and balance in the process of sustainable development.

 

Fatwa is one of the most important pillars for the development of society. Just as any other specialized field, Sharia has its scholars and Muftis who are the most influential in terms of drawing up the parameters that are in line with its rulings in various fields of the state to ensure its continuity and development in accordance with divine rules. In the economic domain, Fatwa shows the Sharia controls leading to preserving wealth through avoiding usury/interest and eating up people's property unjustly and encouraging them to observe solidarity and compassion. In the social domain, fatwa fights extremism and tagging Muslims with disbelief, calls for temperance and moderation, and treating people with kindness. During the corona-virus pandemic, Fatwa managed to solve many problems faced by scientists and medical doctors. It also clarified the best course of action to deal with this pandemic on the social level, and this paved the way for the disease to recede and get under control.

 

Through this conference and these scholar-gentlemen who have gathered from around the world, we call for more openness as regards whatever achieves the higher objectives of Sharia upon delivering Fatwas and considering their effects on the social, economic, and security levels. In past years, we witnessed the issuance of Fatwas that didn`t take the concepts of development and sustainability into account leading to the destruction of societies and their resources, stalling the wheel of production, and , even, claiming lives due to inconsistency in the issuance of Fatwa. Instead of steering and driving development and sustainability, Fatwa obstructed the wheel of production and development. Therefore, what is needed in these times is establishing strong institutions of Fatwa capable of completing the Prophetic approach continued by the companions and jurists in foreseeing the future through keeping abreast of technological and digital advancement, foreseeing and facing modern challenges, being a safety valve and a beacon for the future. 

 

Fatwas issued by Fatwa institutions and bodies should be reviewed on constant basis; particularly those issued long before and can`t keep abreast of the development process. Renewal based on the established fundamentals and constants established by the scholars of the Madhab (School of Islamic Thought) is a necessity considering variables of time and place. This reflects Sharia`s flexibility, inclusivity and ability to cope with emerging issues since it is undeniable that rules of law vary with change of time. The Messenger of Allah said: "At the beginning of every century God will send one who will renew its religion for this people.” [Abu Dawud transmitted it]. Here, renewal concerns matters open for discussion and Ijtihad. As for definitive matters, they are fixed and not open for any discussion whatsoever, don`t change, even if time and place change, and not open for Ijtihad and disagreement. This is similar to rulings of definitive sourcing and understanding.

 

Moreover, the difference between a Mufti and a preacher must be explained to the people so that a person gets to know whom to turn to and that taking Fatwa from the specialized professionals becomes the motive for continuing the process of development and sustainability, and banning the unqualified individuals from issuing Fatwas. This is because the making of Fatwa requires special tools, considering the circumstances, the effects, and the interests of the people. This needs individuals with skilled minds capable of dealing with the realities of life and explaining the rulings of Sharia concerning them. And all perfect praise be to Allah The Lord of The Worlds.

 

 

*A speech delivered by His Grace, the Grand Mufti of Jordan at the Conference of the General Secretariat for Fatwa Authorities Worldwide, Cairo 17-18/10/2022.

 

 

 

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Summarized Fatawaa

What is the ruling on performing the standing (qiyām) and bowing (rukū‘) portions of the prayer normally, while performing the prostration (sujūd) seated due to knee pain?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If performing sujūd (prostration) in prayer causes the worshipper pain in the knees, then it is permissible for him to perform it through gesture (īmā') while seated, since Allah, Glorified and Exalted is He, has lifted hardship from His servants. On the authority of ‘Imrān ibn Ḥuṣayn (raḍiyallāhu ‘anh), he said: "I suffered from hemorrhoids, so I asked the Prophet ﷺ about [how to perform] the prayer, and he said: 'Pray standing; if you are unable, then sitting; and if you are unable, then on your side.'" [Ṣaḥīḥ al-Bukhārī]
If the valid excuse later subsides, the worshipper is then obligated to perform the prayer with all its pillars and conditions fully observed — including standing, rukū‘ (bowing), and sujūd (prostration). And Allah, the Exalted, knows best.

Is it permissible to offer an Udhiyah on behalf of another without their permission?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is not permissible for a person to offer a sacrifice (Udhiyah) on behalf of someone else without their permission, except in the following cases: if he sacrifices on behalf of the members of his household, if a guardian sacrifices from his own wealth on behalf of his ward, or if the Imam (ruler) sacrifices from the public treasury (Bayt al-Mal) on behalf of the Muslims. And Allah the Almighty knows best.

What is the recommended supplication (Du'a) upon breaking the fast, and is it recited before or after breaking it?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is recommended (Mustahabb) for a fasting person to recite upon breaking the fast—that is, immediately after eating or drinking—the supplication: "Allahumma laka sumtu wa 'ala rizqika aftartu" (O Allah, for You I have fasted, and with Your provision I have broken my fast).
 
This is because our master, the Prophet (peace and blessings be upon him), used to say this. The narration was recorded by Abu Dawud with a good (Hasan) chain of transmission, albeit in a Mursal form (a narration where a Successor reports directly from the Prophet). Shaykh al-Islam Imam Ibn Hajar al-Haytami (may Allah have mercy upon him) stated: "Its Mursal status is inconsequential, as it pertains to virtuous deeds (Fada'il); furthermore, it was connected (Mawsul) through another chain of transmission." [Tuhfat al-Muhtaj, Vol.3/P.425]
 
It is also recommended to recite: "Dhahaba al-dhama'u wa ibtallat al-'uruqu wa thabata al-ajru in sha' Allah" (The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills).
 
This was recorded by Abu Dawud with a good (Hasan) chain. Our leading jurists (Imams) have explicitly stated that it is recommended for the fasting person to combine both supplications.
 
Imam al-Bajuri (may Allah have mercy upon him) stated:
 
 
"And his saying following his breaking of the fast—that is, it is recommended to say: 'O Allah, for You I have fasted, upon Your provision I have broken my fast, in You I have believed, to You I have submitted, and upon You I have relied. The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills. O You of vast bounty, forgive me. Praise be to Allah Who aided me so that I fasted, and provided for me so that I broke my fast. O Allah, grant us success in fasting, enable us to stand in night prayer during it, and aid us in it while people sleep, and admit us to Paradise in peace.'" [Hashiyat al-Bajuri, Vol.1/P.562]
 
Furthermore, the fasting person may supplicate with whatever good he or she wishes, for the supplication of a fasting person is answered. Al-Bayhaqi recorded on the authority of Anas ibn Malik that the Messenger of Allah (peace and blessings be upon him) said: "Three supplications are not rejected: the supplication of a parent for his child, the supplication of a fasting person, and the supplication of a traveler." And Allah Almighty knows best.

What is the ruling of Islamic Law on a father shaking hands with his son’s wife after she has been divorced three times?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The wife of one’s son is among the women permanently prohibited to the husband’s father as soon as the marriage contract  is concluded, based on the saying of Allah the Exalted: “Prohibited to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brother’s daughters, your sister’s daughters, your foster mothers, your foster sisters, your wives’ mothers, and your stepdaughters under your guardianship [born] of your wives with whom you have consummated marriage. But if you have not consummated marriage with them, there is no sin upon you. [Also prohibited are] the wives of your sons who are from your loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful.” [al-Nisāʾ/23]
This prohibition begins once the son’s marriage contract with his wife is complete, and it remains in force even if the son separates from her before consummation or before any seclusion (khalwah) with her. It is therefore permissible for the father to shake her hand and to be alone with her, provided there is no fitnah (temptation) and no suspicion.
It is stated in ʿUmdat al-Sālik (p. 204): “It is forbidden to marry… the wives of one’s fathers and of one’s sons. All of these women become prohibited by the mere contract, … all of that being a permanent prohibition.” End quote, with slight adaptation. And Allah Almighty knows best.