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Caution and Verification are behind the Delay in Issuing Fatwa
Author : The General Iftaa` Department
Date Added : 12-07-2023

Caution and Verification are behind the Delay in Issuing Fatwa

 

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.

 

In clarification for what was published by the news website "Saraya" under the title: "The Iftaa` Department Delays Issuing a Fatwa Regarding Foods, Believed to be Forbidden, Consumed by Jordanians" the writer wonders about the justifications for the delay in providing an answer to this issue!

Regarding this matter, the General Iftaa` Department clarifies that the delay in providing an answer is not a form of procrastination, as initially stated in the title. Rather, it is following the noble prophetic approach of caution and thoroughness before issuing the Fatwa since Allah will hold the Department accountable for it. The Prophet (PBUH) said: "Deliberateness is from Allah, and haste is from Satan." (Transmitted by At-Tirmidhi).

 

This prophetic approach is the direct reason for controlling the Fatwa and preventing it from deviating towards extremism or leniency, safeguarding it from error and danger. Moreover, it ensures that the Mufti is cleared from liability before Allah on the Day of Judgment, especially in delicate and intricate matters such as the issue of the ingredients used in the food industry.

 

It is an issue related to hundreds of diverse products that affect the lives of all Muslims. Thousands of companies and factories oversee these products, each with its own manufacturing and composition methods. The knowledgeable jurist is the one who distinguishes and contemplates whether a transformative "impossibility" has occurred in the substance's composition, or if mere "consumption and immersion" is sufficient, as some jurists have stated. This has been the subject of decisions by specialized jurisprudential assemblies.

 

This matter requires a great deal of Ijtihad (Independent reasoning) and consideration of advancements in industries and sciences today. Thus, the Iftaa` Department sought the guidance of specialized official institutions, such as the General Organization for Food and Drug Administration, to inquire about similar issues within the scope of this research.

 

However, anyone who believes that a Fatwa is an improvised political statement or a media sound bite has misconceived the principles of Islamic Law, which aims to uphold the interests of individuals and prevent harm from befalling them. May Allah have mercy on the Islamic scholars who have bequeathed to us the humility of saying, "I don't know." They were not driven by shyness or arrogance to withhold knowledge from its rightful owners or delay issuing a Fatwa. As the Prophet (PBUH) said: "Whoever seeks the pleasure of people by displeasing Allah, Allah will be displeased with him, and people will be displeased with him." (Transmitted by Ibn Hibban).

 

We advise the media to not hinder scientific institutions from carrying out their work with caution and excellence, especially the religious institutions responsible for issuing Fatwas and religious knowledge.

 

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Summarized Fatawaa

When is a child instructed to fast?

A child is instructed to fast at the age of seven if they are capable of fasting and have reached the age of discernment, by analogy to prayer. They should be encouraged but not forced, so they can become accustomed to it. It is obligatory for their guardian, whether a father or another, to instruct them.

What is the wisdom behind the legislation of fasting?

Fasting is a divine school from which the believer learns much and trains in virtues that may be needed in life. Among these virtues is patience, as it is the month of patience. Fasting also teaches honesty and consciousness of Allah in both private and public, for there is no observer over the fasting person in abstaining from lawful pleasures except Allah alone.
Fasting strengthens willpower, sharpens determination, and nurtures mercy and compassion among the servants of Allah. It is a struggle against the self, a restraint of desires, a purification of the soul, and a cultivation of goodness.
The Prophetﷺ said: "Allah, the Almighty, said: ‘Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it. Fasting is a shield. So when one of you is fasting on a day, let him not engage in obscene speech or raise his voice in anger. If someone insults him or fights him, let him say: I am a fasting person. By Him in whose hand is the soul of Muhammad, the breath of the fasting person is more pleasant to Allah than the fragrance of musk.’" [Bukhari and Muslim]

The Jurisprudential Significance of the Ḥadīth: "Whoever says, at the conclusion of the Fajr Prayer, while crossing his legs, before speaking..."
"Whoever says, at the conclusion of the Fajr prayer, while crossing his legs, before speaking: 'Lā ilāha illā Allāh, waḥdahu lā sharīka lah, lahu al-mulku wa lahu al-ḥamdu yuḥyī wa yumītu wa huwa ʿalā kulli shayʾin qadīr' ten times — ten good deeds will be recorded for him, ten bad deeds will be erased from him, he will be raised ten levels, he will spend that day in protection from everything disliked and guarded from the devil, and no sin will be able to befall him on that day except associating partners with Allah" — does this noble ḥadīth apply to the imam, and what is meant by "extraneous speech"?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended for both the imam and those praying behind him to recite, immediately after the final salām, the specific remembrance reported in the sunnah to be said before turning away from one's place of prayer. The imam then leaves his praying spot, and the act of "turning" is fulfilled when the imam faces the congregation — even without physically leaving his spot — by positioning his right side toward them and his left side toward the qiblah, and this applies even while he is engaged in supplication.
Al-ʿAllāmah Ibn Qāsim al-ʿAbbādī states in his Ḥāshiyah ʿalā al-Tuḥfah (Vol.2/P.105): "It is most virtuous for the imam, once he has given the salām, to rise from his place of prayer immediately afterward." He adds that an exception must be made for the remembrances that are specifically required to be recited before he turns away. He then notes, citing Sharḥ al-ʿUbāb: "Yes, an exception to this rising immediately after the salām applies to the Fajr prayer, due to the authentic report that the Prophet ﷺ, when he prayed Fajr, would remain seated until the sun rose." He further cites, from al-Khādim, the ḥadīth concerning one who recites, at the conclusion of the Fajr prayer while still in the position of crossing his leg to rise: "Lā ilāha illā Allāh, waḥdahu lā sharīka lah..." and the rest of the well-known ḥadīth. He comments that this makes explicit that this particular remembrance is to be recited before the worshipper turns his legs to leave, and the same applies to Maghrib and ʿAṣr, as reported in those contexts as well.
What is meant by "speech" in the relevant ḥadīth is extraneous worldly speech that is not called for after the prayer and for which there is no legitimate excuse. The remembrances reported to be recited upon concluding the prayer, however, do not fall under this category of extraneous speech, since they are themselves required by the sharīʿah.
Al-ʿAllāmah ʿAlī al-Shabrāmalsī states in his Ḥāshiyah ʿalā al-Nihāyah (Vol.1/P.551): "If someone greets a person with salām while he is occupied with reciting this remembrance [i.e., 'Lā ilāha illā Allāh...'], should he return the greeting — without this causing him to forfeit the promised reward, since he is engaged in an obligatory matter — or should he delay returning the greeting until he finishes, this being a legitimate excuse for the delay?" He continues: "I say: the more likely view is the former, and the prohibition on speech is to be understood as applying to extraneous speech for which there is no legitimate excuse. Based on this, should the worshipper give precedence to this remembrance ('Lā ilāha illā Allāh...') or to reciting Sūrat al-Ikhlāṣ ('Qul huwa Allāhu aḥad')? This requires consideration, though it is not unlikely that the remembrance takes precedence, given that the Lawgiver urged hastening to it through his words 'while crossing his leg.' This is not considered ordinary speech, since it is not extraneous to what is required after the prayer."
Accordingly, it is recommended for both the imam and those praying behind him to recite this remembrance and to give it precedence over the other remembrances of the prayer, ensuring it is said before they move from their place. And Allah the Almighty knows best.

What is the Islamic ruling on breaking the bones of the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah not to break the bones of the 'aqīqah. Rather, each bone should be separated at its joint — as a good omen and expression of hope for the soundness and wholeness of the newborn's limbs. However, if one does break the bones, it is not considered disliked (makrūh) — it is simply regarded as contrary to what is preferable (khilāf al-awlā). And Allah Almighty knows best.