Articles

The Methodology of Fatwa in the General Iftaa` Department (*)
Author : Dr. Hassan Abu_Arqoub
Date Added : 06-04-2025

The Methodology of Fatwa in the General Iftaa` Department (*)

 

 

Question 1: What are the foundations upon which fatwa is issued?

Islamic jurisprudential issues are vast, diverse, and connected to all areas of life and human practices. The scholars of Islam have left us with an immense legacy of rulings and legislations that illuminate people’s lives with the light of divine wisdom. These rulings and legislative choices are built upon a solid foundation of recognized sources of Islamic legislation, which are:

• The Qur’an

• The Sunna (Prophetic tradition)

• Ijmaʿ (Consensus)

• Qiyas (Analogical reasoning)

• Masalih Mursalah (Specific public interests)

 

This body of jurisprudential heritage has been established within four recognized schools of Islamic law: the Hanafi, Maliki, Shafi'i, and Hanbali. There is consensus on their acceptance and recognition as valid methodologies that lead to attaining the pleasure of Allah The Almighty and to safeguarding the interests of both the nation and its people.

Since the General Iftaa’ Department is part of the ongoing scholarly journey of the broader Islamic jurisprudential movement, it has chosen to adopt one of the four recognized Madhhabs (The above schools) as the basis for the Sharia opinions it issues. Through this adoption, the Department seeks to realize the same great benefits and interests that the jurisprudential tradition has achieved throughout Islamic history, the most important of which are:

1- Safety before Allah the Almighty on the Day of Great Reckoning, by not altering or changing anything in the religion of Allah without His permission.

2- Upholding moderation, which is one of the fundamental principles of Islamic Sharia, and one of the distinctive features of the vast body of Islamic jurisprudence.

3- Avoidance of contradictory statements and deviant opinions that cause disorder in intellectual and practical life.

4- Ensuring consistency in fatwas and minimizing unnecessary disagreements as much as possible.

5- Assisting muftis in learning and issuing Islamic rulings through the easiest path; a mufti’s lifetime is too short to independently research every issue thoroughly, so relying on the rulings of past jurists is an indispensable solution.

The General Iftaa Department has chosen the Shafi'i school of thought as the basis and starting point for issuing fatwas in our blessed country for two reasons:

Firstly: It is the most widespread school of thought in our country throughout history, and it aligns with the predominant Sharia objective.

Secondly: It is a moderate school that combines the principles of both the Hadith and the opinion-based schools, producing juristic rulings that have, and continue to, serve the interests of the Muslim community and unite its ranks. While this reason is also valid for other schools of thought, the Shafi'i school has been the leader in this regard.

The commitment of the General Iftaa‘Department to issuing fatwas based on the Shafi'i school does not imply blind adherence to the juristic rulings of its scholars. Rather, the Department has an advanced approach to benefiting from all the components of the various schools of thought, within the following considerations:

1- If the issue pertains to a new contemporary matter that is not explicitly addressed in the rulings of past scholars, or if it concerns a general issue that affects the entire society or nation—whether it involves financial transactions, medical matters, or others—the Department must, in such cases, prepare special research to study the matter in light of the Sharia proofs, jurisprudential principles, and a balance between benefits and harms. Through this research, the Department will derive a Sharia ruling, which will be presented to the Iftaa` council for further discussion and deliberation, leading to a specific decision on that issue.

2- If the Ijtihad of the Shafi'i school in a particular issue does not align with the changing times, place, or circumstances surrounding the question of the inquirer—such as causing significant hardship, extreme difficulty, or when the reason for which the Shafi'i scholars issued that particular ruling has changed, or if new scientific facts and information emerge that require reconsideration of the jurisprudential choice—then in all such cases, the Iftaa` Department will re-study the issue in light of the jurisprudential principles and Sharia objectives. It will also consider the Ijtihad of all Islamic schools of thought to reach the ruling that is closest to the objectives of Sharia.

3- As for matters of personal status, such as marriage, divorce, custody, and inheritance, the Iftaa` Department relies on the (Jordanian Personal Status Law) for issuing fatwas and does not deviate from it. This is to prevent any conflict between fatwas and the Sharia judiciary in the Hashemite Kingdom of Jordan. The law is derived from the Ijtihads and opinions of Muslim scholars, which have been selected by specialized committees according to Shariah principles and criteria.

Thus, the esteemed muftis handle the issues presented to them by the public through various means of communication, within a well-organized and systematic process. This process begins by identifying the type of issue presented from the categories mentioned earlier and ends with delivering the response to the questioner as quickly as possible. If there is any delay, it is due to the thorough study that the Department conducts for dozens of issues daily. When the mufti knows that they are responsible before Allah the Almighty for every word they write, there is no doubt that they will prioritize careful consideration over haste.

Question 2: How do you choose the Iftaa` Council?

The Fatwa Law No. (60) Of 2006, and Law No. (4) Of 2009 amending the Fatwa Law, stipulate the establishment of a council in the Kingdom called the (Iftaa`, Research, and Islamic Studies Council). This council is chaired by the Grand Mufti, with membership including:

1- One of the judges from the Sharia Court of Appeals, appointed by the Chief Justice of the Courts.

2- One faculty member from the Faculty of Sharia at Jordanian public universities, specializing in Islamic jurisprudence, appointed by the Grand Mufti on a rotating basis.

3- The Mufti of the Jordanian Armed Forces.

4- The Mufti of the Capital Governorate.

5- One scholar specializing in Islamic jurisprudence from the Ministry of Awqaf, Islamic Affairs, and Holy Sites, appointed by the Minister.

6- Five scholars specializing in Islamic sciences.

Question 3: What are the most important fatwas issued recently, and what is the reason behind them?

One of the most important fatwas issued recently was the decision of the Iftaa` Council, which states that it is impermissible to remove the wombs of girls with disabilities, and emphasizes the community's responsibility toward them. The reason behind this fatwa is the widespread misconception among some people that this unethical act is permissible, and the fact that it has been practiced in reality.

Question 4: A fatwa was issued regarding the prohibition of removing the womb of girls with disabilities. What about sterilization?

It is impermissible for a man or woman to undergo any procedure that leads to permanent infertility, whether through surgery, medication, or other means. This is because sterilization involves cutting off offspring and reducing the population, which contradicts one of the main objectives of Sharia, which is to preserve lineage. However, an exception is made if trustworthy doctors decide to perform sterilization as a treatment to preserve the individual's health and well-being.

Question 5: What is the ruling on someone who goes against a fatwa?

A Muslim must obey Allah, His Messenger (peace be upon him), and the scholars who act upon knowledge. Allah The Almighty Says (What means): "O you who have believed, obey Allah and obey the Messenger and those in authority among you" [An-Nisa/ 59].

Issuing fatwas is the act of informing others about a ruling of Islamic Law, but it is not an obligation. A fatwa is a scholarly opinion that guides individuals regarding the Islamic rulings related to their acts of worship, transactions, and all aspects of life. It is informative, not binding. This means that individuals are not obligated to follow the opinion of one scholar over another unless there is a consensus.

 

(*) The original article was a journalistic interview conducted by Ammon News Agency on 11/2/2014.

 

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the ruling on men wearing rings (those made of silver and of other metals, such as iron), and are there conditions for men wearing rings?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is sunnah for men to wear a silver ring on the right hand, following the practice of the Prophet (peace and blessings be upon him). It is reported in Ṣaḥīḥ al-Bukhārī, on the authority of Anas ibn Mālik (may Allah be pleased with him), that the Messenger of Allah (peace and blessings be upon him) took a silver ring and had “Muḥammad Rasūl Allāh” engraved on it. He said: “I have taken a ring of silver and had ‘Muḥammad Rasūl Allāh’ engraved on it, so let no one engrave the like of its engraving.”
It is a condition that the silver ring not exceed the size customary in the local norm (ʿurf). If it does, that is extravagance (isrāf). A ring made of a metal other than silver, such as iron or copper, is permissible to wear without disapproval (karāhah), except gold, which is forbidden (ḥarām) for a man to wear.
It is stated in Mughnī al-Muḥtāj (Vol.1/p.586): “It is permissible, without disapproval, to wear a ring of iron or lead. It is sunnah for a man to wear a silver ring on the little finger of his right or left hand. Wearing it on the right is better, and it is permissible on the left, and on both together.”
It is also stated in Mughnī al-Muḥtāj (Vol.2/p.97): “It is lawful for him, that is, the man, and likewise the khunthā (person of indeterminate sex), indeed all the more so, to wear a ring of silver, by consensus (ijmāʿ), because the Prophet (peace and blessings be upon him) took a ring of silver, narrated by the two Shaykhs (al-Bukhārī and Muslim). Wearing it is in fact sunnah, whether on the right or the left, though the right is better according to the sound position, as stated in the chapter on clothing in al-Rawḍah… The Shāfiʿī jurists did not specify the permitted size of the ring, and they probably relied on custom (ʿurf), that is, the custom of that country and the habit of people of his standing in it. Whatever exceeds that is extravagance, as they said regarding a woman’s anklet. This is the reliable position (al-muʿtamad).” And Allah 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.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

What is the ruling on eating or drinking during the second Adhan?

It is not permissible to eat or drink during the second Adhan because it announces the break of dawn and the obligation to start fasting. Allah Almighty says {what means}:"and eat and drink until you can discern the white streak of dawn against the blackness of night." [Al-Baqarah/187].
Whoever eats or drinks during this time invalidates their fast, and they must refrain from eating for the rest of the day and make up for the missed fast later.