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The Fatwa Approach Adopted at the General Ifta' De



Iftaa' Department


The Fatwa Approach Adopted at the General Ifta' Department

Issues of Fiqh (or Islamic jurisprudence) are variable, addressing all practices of people in all life aspects. Muslim scholars wrote down numerous Islamic provisions and legislations allowing the divine wisdom to illuminate people's lives. Those provisions have a solid base for their legislative and jurisprudence stemming from the basic legislation sources: the Holy Quran, Sunnah, Consensus, Analogy and common benefits. This Fiqh heritage has been collected in four Islamic schools of thought (Madhaheb): Hanafi, Maliki, Shafi'i and Hanbali. It is agreed upon those schools (madhaheb), and they are accepted as the path to achieve Allah's blessings and to protect the welfare of people and countries.
Since the General Department of Al Ifta' has been a part of the scientific progress for the general Fiqh movement, it decided to adopt one of those four schools as a base for its Fatawa (answers) in order to achieve the benefits and goals of the Fiqh movement in the Islamic history. Those goals include:
1.  Being safe with Allah and in the Day of Judgment by not changing anything permitted by Allah in Islam.
2. Achieving moderation which is a fundamental in the Islamic Shari’a and has been a constant in the heritage of the Islamic Fiqh.
3. Avoiding contradicting sayings and abnormal views which may cause flaws in practical and intellectual life.
4. Regulating fatwa and eliminating useless disagreements as much as possible. 
5. Assisting Muftis (people who provide Fatwa) to learn the Islamic legislations easily as it may take a life time for a Mufti to study and give fresh rulings on every issue he is asked about. Thus, learning the fatwa of previous muftis is an inevitable solution.
Al Iftaa Department has chosen the school of Al Imam Al Shafi'i as a base to which it refers in providing fatwa for two reasons:
1. It is the most common school (Madhhab) in our countries in history. Following the majority and what is common is a goal.
2. It is a moderate school/Madhhab gathering between the foundations of schools of thought and hadith. This Madhhab originated Fiqh innovations which have been and still a cause in achieving the interests of the nation and unifying Muslims. Noteworthy that this cause has been achieved by other schools/Madhaheb but Al Imam Al shafi'i’s school/Madhhab has been leading in this field.
The Department of Ifta'a's commitment to this Madhhab doesn't mean absolute imitation of all the innovations of the Faqihs (experts in Islamic jurisprudence), but the department has its advanced approach in benefiting from all items and topics in other schools/madhaheb taking into consideration the following:
1. If the case is related to a contemporary issue not mentioned in previous fatwa/innovations by Faqihs, or if it is one of the general topics important to the society or the nation as a whole, either in financial transactions, medical issues or others, then Al Iftaa Department must prepare special studies to research the issue within the frame of the evidence in the Shari’a law and Fiqh rules. In addition, it tries to balance the cons and pros to conclude a fatwa to be presented to the Iftaa Council. The Council holds discussions in order to reach a decision about the needed issue.
2. If the innovation of the Shafi'i Madhhab concerning a certain issue was not corresponding to the changing time, place and conditions in the time when the question is raised for the Mufti, this matter may cause troubles. The Department of Al Iftaa re-searches the question in line with the Fiqh rules and Shari’a goals benefiting from the innovations of all Islamic schools/Madhaheb in order to issue the fatwa which is the closest to the Shari’a rules and purposes.
3. In personal status or issues like marriage, divorce, heritage and custody of children, the Department of Ifta'a refers to the Jordanian Personal Status Law in its Fatwas to avoid any difference between Iftaa and Legitimate Law in the Kingdom. The law however is based on the innovations and opinions of Muslim Faqihs, selected according to Shari’a disciplines by specialized committees.
In that ways the muftis deal with the questions sent to them through different communication methods, according to regulated and coordinated steps starting from identifying the type of question and ending with sending the answer as soon as possible. However, any delay might be caused by the detailed study for tens of issues handled by Al Iftaa Department on a daily basis especially that Muftis know that they will be asked by Allah about every word they write, thus they prefer not to be hasty in issuing fatwa and answering questions.  

Summarized Fatawaa

How do I deal with whispers (waswasa) in ablution and purification?

Whispers in ablution are from Satan, and the Muslim should not pay attention to them. He is not required to re-perform ablution or repeat washing a limb because of waswasa. He should always base his purification on its being valid. It is recommended for him to frequently say "La ilaha illa Allah" (There is no god but Allah), because Satan recoils when Allah is mentioned. And Allah the Almighty knows best.

Is prayer nullified by nose bleed?

 All praise be to Allah, The Lord of The Worlds.                                                                                                                                                                           Blood coming out of the nose, or a wound doesn`t nullify prayer regardless of its quantity. And Allah Knows Best.

Is it permissible for a woman who has become pure before the end of forty days of confinement to perform different acts of worship? and is it lawful for her husband to have sex with her?

Once postpartum bleeding ceases and she is certain that it won`t happen again, she becomes pure, and so she should perform Ghusl (ritual bath), pray, and fast. She can also have sex with her husband even before the end of (40) days because the minimum of postpartum bleeding is a moment, and the maximum is (60) days. However, the postpartum bleeding for the majority of women is (40) days, but this does not apply to rest of them.

What is the ruling if hemorrhoid blood exits after completing ablution?

If this blood is exiting from outside the anus (due to the hemorrhoid protruding), it does not invalidate ablution, because blood exiting from the body from other than the two orifices does not invalidate ablution. If it exits from the anus (meaning from inside it), it invalidates ablution, and one must perform istinja' from it, wash the area of impurity, and repeat the ablution.
However, if this blood exits continuously such that no time remains sufficient for purification and prayer without it flowing, then it takes the ruling of urinary incontinence (sals al-bawl). One then cleanses from it after the time for each prayer enters, performs ablution immediately thereafter, and performs the obligatory prayer immediately. There is no liability upon him after that if something of it flows, and he may pray as many voluntary prayers as he wishes. If he wants to pray another obligatory prayer, he must cleanse himself and perform ablution. And Allah the Almighty knows best.

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