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Reverence for the Fatwa is Reverence for Allah: The General Mufti
Author : Dr Noah Ali Salman
Date Added : 31-07-2024

 

Mr. Sameer Jannakat wrote an article in the "Al-Rai" newspaper on August 26, 2009, expressing his astonishment at the fatwa issued in an Arab country allowing athletes to break their fast. He humorously praised the General Iftaa' Department in Jordan for carefully verifying the questioner, the question, and the answer, and for dealing with the matter with the required seriousness, ensuring that no misinterpretations or incorrect interpretations occur.

We thank Mr. Sameer for his praise and commendation of the Department. We believe that no student of knowledge should approach fatwas except in this manner, which demonstrates an understanding of their importance and value. Since the mufti conveys and signs on behalf of God, as the scholars have said, the matter must be approached with the utmost seriousness. What would you say about someone who signs on behalf of an important state official if they handle the subjects they sign off on in any other way? Allah, the Exalted, the Glorious, is greater and more magnificent than all greats.

Negligence in issuing fatwas has led some people to take fatwas lightly, and the word "fatwa" has come to mean a legal loophole or circumventing Sharia rulings. However, a fatwa is the ruling of Allah on the subject being asked about. Some people have come to believe that a fatwa is something that provides leniency for people, while anyone can impose strictness.

Those who say this do not realize that its meaning is different from what people intend. The point is that if a mufti declares something to be forbidden, they should provide a lawful alternative. This is the principle of Islamic legislation as a whole. Whenever something is prohibited, a lawful alternative is provided. For example, while Riba/usury is prohibited, Islamic law permits profit-sharing, partnerships, and loans when necessary. This principle applies to other Sharia rulings as well.

Today, the Islamic scene is filled with numerous fatwas that sometimes contradict each other and confuse Muslims. While this reflects the engagement in the Islamic arena as a sign of Islamic awakening, it also has a negative impact on the general Muslim public and those whose hearts are being won over. Some argue that the confusion leads them to turn away from religion entirely, which is an irrational response. Disagreements are old and are a sign of the vitality of Islamic law, but these disagreements are resolved through one of two ways:

The first approach: If the ruler adopts a particular legal ruling, then everyone should adhere to it. This is why it is said that the ruling of the judge resolves disputes.

The second approach: Muslims should seek guidance from knowledgeable and reputable scholars known for their wisdom and deliberation, and disregard others. This is based on the Quranic injunction (What means): "Ask the people of knowledge if you do not know" [An-Nahl/43] and He, The Exalted Said (What means): "If only they had referred it to the Messenger and to those in authority among them, they would have known it" [An-Nisa /83]. In such cases, one should not be concerned with other opinions or pay them any attention.

The minimum level of handling religious issues should be the same as handling medical issues. Just as one would not accept treatment from anyone who merely claims to be a doctor, but would rather verify and seek out a reputable expert, so too should one approach religious matters with the same level of scrutiny and care.

Those who seek fame through issuing unusual and errant fatwas should remember The Words of Allah (What means): "Their testimony will be recorded, and they will be questioned." [Az-Zukhruf/19] as well as, He The Almighty Says (What means): "On the Day of Resurrection, you will see those who lied against Allah with their faces blackened. Is there not in Hell a residence for the arrogant?" [Az-Zumar/60].

In addition, those who are lenient with issuing fatwas to please or win favor with people should be reminded of Allah's Words (What means): "And you have come to Us alone, just as We created you the first time." [Al-An'am/94]. Further, He, The Exalted, Says (What means): "Indeed, they will not avail you against Allah." [Al-Jathiya/19].

These verses should make scholars wary and even fearful of issuing fatwas, lest they slip and fall into the Fire. This is why many scholars of the past and present refrained from issuing fatwas unless urgent, seeking Allah's help and guidance, and repeating His (Almighty Allah) Words (What means): "You alone we worship, and You alone we ask for help. Guide us to the Straight Path." [Al-Fatiha/5-6].

Moreover, we extend our thanks to Mr. Samir, and to Mr. Khalid Al-Qudat, whom Mr. Samir mentions as saying that "we gave him hard times before issuing a fatwa." In reality, we were keen on his safety and our own before Almighty Allah as this is a matter of concern for the religion of the questioner and the hereafter of the party in charge of issuing fatwas. May Allah guide whom He Wills to the Straight Path.

 

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Summarized Fatawaa

What is the ruling of Islamic Law on leaving the Sunnah prayer of Dhuhr due to fatigue?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
According to the general rule, a Muslim should strive to maintain the Sunnah prayers before and after the obligatory prayers (al-sunan al-qabliyyah wa al-ba'diyyah). One is permitted to pray them sitting from the outset, but if one leaves them due to severe fatigue, there is no objection to doing so. It is recommended (mustahabb) to make up (qadā') a time-bound supererogatory prayer (nafl mu'aqqat) at any time if it was missed.
Al-Shirbīnī (may Allah have mercy on him) said: "If a time-bound supererogatory prayer is missed, it is recommended to make it up according to the more authoritative view (al-azhar), based on the hadith recorded in the two Ṣaḥīḥs: 'Whoever sleeps through a prayer or forgets it should pray it when he remembers it.' This is also supported by the fact that the Prophet (peace and blessings be upon him) made up the two rak'ahs of Fajr when he and his companions overslept in the valley and missed the dawn prayer until the sun had risen [narrated by Abū Dāwūd with an authentic chain]." And Allah, the Most High, knows best.

I work overtime after regular working hours and may become occupied with my phone or the work computer for personal matters — what is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is obligatory upon an employee to abide by the instructions and regulations governing overtime hours, and equally obligatory to uphold honesty and avoid all forms of deception and dishonesty. Allah the Almighty says {what means}: "O you who have believed, be mindful of Allah and be with the truthful." [Al-Tawbah/ 119]
Whoever is assigned to work overtime must be present at his workplace — even if he has no specific tasks to carry out at that time. In such a case, he should strive as best he can to spend that time in a manner that benefits the institution he works for. If there is genuinely no work for him to do, there is no objection to occupying his time with something beneficial — such as reciting the Holy Qurʾān, reading, or listening to educational lessons — provided he has already completed all the responsibilities assigned to him.
If, however, he does have work to complete, he must spend that time fulfilling it. He may attend to phone calls or other personal matters to the extent that is customarily acceptable, as long as this does not result in delaying or postponing his work. If he delays his work on account of personal preoccupations, the wages he received for that wasted time are not lawfully his to keep, and he is obliged to return the equivalent amount to the institution by whatever means available to him. And Allah the Almighty knows best.

What should a person do if they suffer from an incurable illness that prevents them from fasting?

A person who has an illness that is not expected to be cured and prevents them from fasting must feed a needy person one mudd (600 grams) of food (such as wheat or rice) for each missed day instead of fasting.
Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184].

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.