The Fatwa Approach Adopted at the General Ifta' De


The Fatwa Approach Adopted at the General Iftaa' Department

The questions of Islamic jurisprudence are many and varied, and they touch every sphere of life and every human practice. The scholars of Islam have left us a vast legacy of rulings and legislation that illuminates people’s lives with the light of divine wisdom. Their juristic and legislative choices rest on a firm foundation of recognized sources of law: the Qur’an, the Sunnah, consensus, analogy, and considerations of public interest.

This juristic heritage has settled into four recognized schools of Islamic thought: the Ḥanafī, the Mālikī, the Shāfiʿī, and the Ḥanbalī. There is consensus that they are to be adopted and regarded as valid paths to attaining the pleasure of Allah the Mighty and Majestic and to safeguarding the interests of the land and its people.

Since the General Iftaa`Department is one link in the scholarly chain of the broader juristic movement, it chose to adopt one of the four schools as the point of departure and foundation for the juristic positions on which it issues fatwas. Through this adoption, it seeks to secure the great benefits and interests that the juristic movement has realized throughout Islamic history, foremost among them:

1. Safety before Allah the Mighty and Majestic on the Day of the Great Reckoning, so that we do not alter or change anything in Allah’s religion without His leave.

2. Realizing moderation, which is among the foundations of the Islamic Sharīʿah and one of the distinguishing features of this vast juristic legacy.

3. Safety from inconsistent opinions and anomalous views that cause disorder in intellectual and practical life.

4. Ensuring discipline in the issuance of fatwas and reducing unproductive disagreement as far as possible.

5. Helping muftis arrive at the Sharīʿah rulings by the easiest route. A lifetime would not suffice for a mufti who sought to exercise full ijtihād on every question put before him, so drawing upon earlier jurists is the indispensable solution.

The General Iftaa` Department chose the school of Imam al-Shāfiʿī as the foundation and point of departure for fatwas in our blessed land, for two reasons:

First: it is the most widespread school in our country throughout history, and taking account of the majority is an objective of the Sharīʿah.

Second: it is a moderate school that combined the principles of the school of ḥadīth and that of considered opinion. It produced juristic conclusions that have been, and remain, a means of serving the interests of the Ummah and uniting its word. Although this quality is found in the other schools as well, the school of Imam al-Shāfiʿī took the lead in it.

The Department’s commitment to issuing fatwas according to the Shāfiʿī school does not mean complete taqlīd (to follow the opinion of a scholar without knowing the evidence on which it is based) to the conclusions of the school’s jurists. Rather, the Department has an advanced approach to benefiting from the full range of positions of all the schools, within the following parameters:

1. New contemporary issues (nawāzil). If a matter concerns a new development of the age not addressed in the jurists’ rulings, or is a general matter affecting society or the entire Ummah, whether in financial transactions, medical issues, or other areas, the Department must prepare dedicated studies examining it in light of the Sharīʿah evidence and legal maxims, and weighing benefits against harms. It arrives at a Sharīʿah ruling that is presented to the Iftaāʾ Board for deliberation, leading to a formal decision on the matter.

2. Where the Shāfiʿī position no longer suits changed circumstances. If the Shāfiʿī position on a particular question does not suit changes of time, place, and the circumstances surrounding the questioner, for example where it would cause severe hardship or extreme difficulty, or where the underlying reason for which the Shāfiʿī jurists stipulated the position has changed, or where new scientific information or facts call for revisiting the juristic choice, in all these cases the Department re-examines the question in light of the legal maxims and the objectives of the Sharīʿah. It draws on the conclusions of all the Islamic schools to reach the ruling closest to the Sharīʿah’s objectives.

3. Personal status matters. In matters such as marriage, divorce, child custody, and inheritance, the Department relies on the Jordanian Personal Status Law and does not depart from it, so as to avoid any conflict between the Iftaāʾ institution and the Sharīʿah judiciary in the Kingdom. The law draws on the conclusions and opinions of Muslim jurists, selected on sound Sharīʿah principles and criteria by specialized committees.

Thus, the esteemed muftis handle the questions that reach them from the public through various channels, within a graduated sequence and a precise mechanism. It begins by determining which of the above categories the question falls under, and ends with the answer reaching the questioner as quickly as possible. Where delay occurs, it is only because of the detailed study the Department undertakes for dozens of questions each day. A mufti who knows that he is answerable before Allah the Mighty and Majestic for every word he writes will undoubtedly prefer deliberation and care over haste and hurried judgment.

And Allah is the Granter of success.

  

Summarized Fatawaa

Does the 'aqīqah count as valid if it is slaughtered before the seventh day from the birth?

 

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The time during which it becomes permissible to slaughter the 'aqīqah begins from the moment the newborn is fully delivered from its mother's womb.
If the animal is slaughtered prior to the birth, it does not count as an 'aqīqah — it is simply considered an ordinary sheep slaughtered for its meat.
And Allah Almighty knows best.

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

What is the ruling on giving Zakat al-Fitr in cash?

The default ruling is that Zakat al-Fitr should be given as the staple food of the land. In Jordan, for example, the staple food is wheat or rice, and the amount of Zakat al-Fitr is 2,500 grams per person. It is easy to give this amount of rice to the poor and needy, and this is the correct ruling according to all Islamic schools of thought.
However, Hanafi scholars have permitted giving Zakat al-Fitr as monetary value, considering it more beneficial for the poor and easier for the giver.

What is the ruling on someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.
It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."
This has already been explained in detail in Fatwa No. 2670 — please refer to it.
And Allah, the Exalted, knows best.