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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

What are the benefits of slaughtering an Aqeeqah?

All Perfect Praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.                                                                                                                                                                                                                          Extending thanks to Allah for His grace, expressing happiness for having a newborn, declaring lineage, and feeding the mother to compensate for the blood that she had lost during delivery.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

What is the ruling on the white discharge (*Al-Qassat al-Bayda'*) if it is in a very small amount—is it considered a sign of purity?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Among the signs of purity (Tahr) for a woman is the white discharge (Al-Qassat al-Bayda'), which is a clear, pure white fluid, regardless of whether it is minimal in quantity, or complete dryness (Jafaf), wherein secretions cease entirely such that if a white cotton cloth is inserted, it comes out completely clean. Once a woman observes either of these two signs, she has attained ritual purity.
 
Furthermore, another sign of purity is when the duration of the menstrual period exceeds the maximum limit of menstruation, which is fifteen days. If it exceeds this period, it becomes evident that she is experiencing non-menstrual bleeding (Istihadah).
 
The rulings pertaining to menstruation may be reviewed in the article: "Rulings on Menstruation and Postnatal Bleeding Every Muslim Woman Must Know." And Allah Almighty knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

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