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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 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.

Is it permissible for a woman to give the ransom (Fidyah) for breaking her fast to her granddaughter (her son`s daughter)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a woman to give the ransom (Fidya) for breaking her fast in Ramadan to her granddaughter (her son’s daughter), provided that the girl is poor and her basic needs are not being met by the maintenance (Nafaqah) of those who are lislamically obligated to provide for her. And Allah the Exalted knows best.

Some online stores offer a discount on a customer's first purchase — what is the ruling on creating a new account each time a customer makes a purchase in order to obtain that discount?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is obligatory upon a Muslim to uphold honesty in both his words and his actions. Allah the Almighty says {what means}: "O you who have believed, do not betray Allah and the Messenger or betray your trusts while you know." [Al-Anfāl/ 27] And He says {what means}: "O you who have believed, fear Allah and be with the truthful." [Al-Tawbah/ 119]. And the Messenger of Allah ﷺ said: "Whoever deceives us is not of us." (Reported by al-Bukhārī.)
As for creating a new account for the same buyer, the terms and conditions of the website must be observed and respected. If doing so violates those terms, it is not permissible. And Allah the Almighty knows best.

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.