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The Mufti is he who Issues a Fatwa that Leads to your Salvation, not one that Merely Pleases your Desires
Author : Dr. Mahmoud Muhaidat
Date Added : 24-06-2025

The Mufti is he who Issues a Fatwa that Leads to your Salvation, not one that Merely Pleases your Desires

 

From the words of His Eminence Sheikh Nuh Al-Qudha (may Allah have mercy on him):

"The Mufti is the one who gives you a fatwa that leads to your salvation, not one that simply pleases you."

Allah The Exalted Says (What means): "He grants wisdom to whom He wills, and whoever is granted wisdom has truly been given much good. But none will remember except people of understanding."

[Al-Baqara/269].

The scholars have mentioned that one of the meanings of Hikmah (wisdom) mentioned in this verse is accuracy in speech. Anas said: "It is knowledge of the religion of Allah, understanding, and adherence to it." Al-Hasan said: "It is piety, and it is also obedience to Allah, understanding of the religion, and acting upon it." Ibrāhīm Al-Nakhaʿī said: "It is understanding of the Qur’an." [Tafsīr Al-Qurṭubī, vol.3/p.330].

After this clarification of the concept of Hikmah—which is only granted to those whom Allah intends good for—I say: Whoever lived during the time of His Eminence Sheikh Nūḥ (may Allah have abundant mercy on him) and interacted with him, there is no doubt that he would realize that the Sheikh was among those who had been granted wisdom in all its meanings. When he spoke, he spoke with precision; when he issued a fatwa, he did so based on knowledge of Allah’s religion; when he interpreted (the Qur’an or religious matters), he conveyed deep understanding; and when he gave admonition, he acted upon what he advised.

Therefore, I say—while we do not ascribe purity to anyone before Allah—that His Eminence was indeed among those to whom Allah granted wisdom. And here is the motto he raised for us at the General Iftaa’ Department, which is a clear indication of his wisdom (may Allah have mercy on him): "The Mufti is he who issues a fatwa that leads to your salvation, not one that merely pleases your desires."

Whoever reads and reflects on this motto will notice that it guides both the mufti (scholar issuing the fatwa) and the Mustafti (questioner) as follows:

For the Mufti, it directs him to:

- Not follow personal desires in issuing fatwas.

- Exercise caution and patience in delivering a ruling.

- Not fear the blame of critics when speaking the truth for the sake of Allah.

- Ensure the fatwa aligns with the Qur’an, Sunna, and scholarly consensus.

For the Mustafti (A person seeking the religious opinion from a Mufti/Scholar), it reminds him to:

- Trust the Mufti, knowing that he seeks their salvation, not their ruin.

- Accept the ruling of Allah in their matter.

- Avoid objecting to the fatwa simply because it opposes their personal desires or seeking to alter it.

- Refrain from pressuring the mufti to issue a ruling that conforms to their inclinations.

This is just some of what can be observed in the motto established by His Eminence (may Allah have mercy on him).

In conclusion, I ask Allah The Exalted to envelop him in His Mercy and Forgiveness, to benefit us and the Ummah through his knowledge, and to gather him and us among those upon whom Allah has bestowed His grace—of the prophets, the truthful, the martyrs, and the righteous. What excellent companions are they! Indeed, He is the Guardian over that and All-Powerful.

The published article reflects the opinion of its author

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Summarized Fatawaa

Can a person required to give kaffarah feed it to their own family members?

The kaffarah must be given to the poor and needy who are not financially dependent on the one giving the kaffarah.
If a person feeds it to their own family members, it does not count as kaffarah, and their obligation remains unfulfilled.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is the expiation for perjury?

One who commits perjury should repent, seek Allah`s forgiveness and offer an expiation which is: feeding ten indigent persons, or clothing them, or giving a slave his freedom, but if that is beyond his means then, he should fast for three days. Allah, The Almighty, Says in this regard (What means): "Allah will not call you to account for what is futile in your oaths, but He will call you to account for your deliberate oaths: for expiation, feed ten indigent persons, on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means, fast for three days. That is the expiation for the oaths ye have sworn. But keep to your oaths. Thus doth Allah make clear to you His signs, that ye may be grateful." [Al-Ma`idah/89].

What is the ruling on a suitor (khāṭib) going out alone with his fiancée before the marriage contract is concluded?

It is unlawful for a suitor, prior to the marriage contract , to do anything that would be unlawful for any non-maḥram man — including touching his fiancée, being secluded with her (khalwah), or seeing her without her complete sharī‘ah-compliant covering — even after the recitation of al-Fātiḥah (This is a cultural custom to seek Allah's blessing (barakah) and mark mutual consent) and the family's approval [of the engagement]. This is because the engagement, without the formal marriage contract, does not render unlawful matters permissible. And Allah, the Exalted, knows best.