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

Article Number [ Previous | Next ]

Read for Author




Comments


Captcha


Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.




Summarized Fatawaa

What are the conditions for a valid Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
First: The age of the animal must meet the Sharia requirements. These requirements vary depending on the type of sacrifice:
 
Camels: Must have completed five years and entered their sixth.
 
Cows: Must have completed two years and entered their third.
 
Goats: Must have completed two years and entered their third. As for Sheep, they must have completed one year and entered their second.
 
Some scholars have permitted goats that have completed one year and entered their second.
 
The Hanafi school, along with an opinion in the Maliki school, permits sacrificing sheep that are at least six months old, provided they are healthy and physically substantial. According to the Shafi’i school, it is permissible if the sheep sheds its front teeth (ajdha') before reaching one year [Al-Iqna’, by Al-Shirbini (Vol.2/P.588)].
 
Second: Soundness and freedom from defects. The animal must be free from any defect that causes a decrease in its meat or market value. This is based on the hadith narrated by Al-Bara' bin 'Azib, that the Prophet (peace be upon him) said:
 
"Four [defects] are not permissible in sacrifices: A one-eyed animal whose blindness is evident, a sick animal whose illness is evident, a lame animal whose lameness is evident, and an emaciated animal that has no marrow in its bones." [Reported by Abu Dawood and Al-Tirmidhi, who graded it as authentic].
 
These defects are detailed as follows:
 
Evident Lameness: It is not permissible to sacrifice a lame animal if the lameness is severe enough to prevent it from walking to the pasture or seeking food, as this leads to a decrease in its meat. However, slight lameness that does not hinder its grazing is overlooked.
 
Evident Blindness (One-eyed): It is not permissible to sacrifice a sheep, cow, or camel that has a white film over its eye blocking light, or one that has lost an eye entirely. Weak vision that does not affect its ability to eat does not prevent the sacrifice from being valid.
 
Evident Illness: An animal with a clear sickness that prevents it from eating or moving is not valid. This includes severe mange (Jarab) that spoils the meat.
 
Extreme Emaciation: An animal so thin that there is no marrow left in its bones is invalid. The standard for emaciation that invalidates the sacrifice is that which spoils the quality of the meat to the point that people would find it undesirable even in times of plenty.
 
Additional Considerations:
These are the defects mentioned in the Prophetic tradition, and any defect that causes emaciation or reduces the meat or value is compared to them by analogy. This includes animals that are mentally unstable (diseased), those with mange, or those with a missing ear. In contrast, a slit or pierced ear does not affect the validity of the sacrifice. And Allah the Almighty knows best.

I read the Qudsī ḥadīth: "Whoever breaks his wuḍūʾ and does not perform ablution has shown me harshness; whoever performs ablution and does not pray has shown me harshness; whoever prays and does not supplicate to Me has shown me harshness; and whoever supplicates to Me and I do not answer him, then I have been harsh to him, and I am not a harsh Lord." What is the authenticity of this ḥadīth?

 

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
This ḥadīth was mentioned by al-Ṣaghānī (may Allah have mercy on him) in al-Mawḍūʿāt (p. 43), where he said: “Among them is their saying: ‘Whoever breaks his wuḍūʾ and does not perform ablution has shown me harshness; whoever performs ablution and does not pray has shown me harshness; (whoever prays and does not supplicate to Me has shown me harshness); and whoever supplicates to Me and I do not answer him, then I have been harsh to him, and I am not a harsh Lord.’”
Al-ʿAjlūnī (may Allah have mercy on him) cited what al-Ṣaghānī said in Kashf al-Khafāʾ (Vol.2/p.264). And Allah Almighty knows best.

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. 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.
The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)
However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.
Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, knows best.

I have a date farm, and the dates come in different categories, and within each category there are different sizes. How is zakāh paid on the yield?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the yield reaches the niṣāb (the minimum threshold for zakāh to become obligatory) — which is five awsuq (plural of wasq), equivalent to (611) kg — then zakāh becomes obligatory upon it, at a rate of one-tenth ('ushr) if irrigated by rainwater (i.e., naturally, without the use of machinery), or one-twentieth (half of the 'ushr) if irrigated using machinery/equipment.
If the yield of dates consists of different varieties, then zakāh should be paid from each variety according to its respective proportion. If this proves difficult, it is permissible to pay from a medium-quality variety [representative of the average].
It is stated in Ḥāshiyatā Qulyūbī wa ‘Umayrah (Vol.2/P.22): "Different varieties are combined together [for the purpose of calculating the niṣāb] — such as the various types of dates, the various types of raisins, and so on — and zakāh is paid from each type according to its respective proportion. However, if this becomes difficult due to the large number of varieties and the small quantity of each individual type, then zakāh should be paid from a medium-quality variety among them — neither the best nor the worst — out of consideration for both sides [the giver and the poor recipient]. If one goes to the trouble of paying from each variety according to its proportion, this is also permissible." And Allah, the Exalted, knows best.