The Fatwa Approach Adopted at the General Ifta' De


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

What is the ruling on doubting whether one or two prostrations were performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a worshiper is in doubt regarding the number of units (rak'ahs) or prostrations (sajdahs) performed, he must build upon the minimum (i.e., assume the lower number) and perform the prostration of forgetfulness (Sujud al-Sahw) before the Salam at the end of the prayer. This is based on the report from ‘Ata’ ibn Yasar that the Messenger of Allah ﷺ said: 'When anyone of you is in doubt about his Salat (prayer) and does not know how many he has prayed, three or four (Rak'at) he should cast aside his doubt and base his prayer on what he is sure of. Then, he should perform two prostrations before Taslim (salutation). If he has prayed five Rak'at, they will make his Salat (prayer) an even number for him and if he has prayed exactly four, they (i.e. two prostrations) will be humiliation for the devil..' (Narrated by Abu Dawud).
 
It is stated in Al-Muqaddimah al-Hadramiyyah: 'If one doubts [whether he performed] a bowing (ruku’), a prostration, or a rak'ah, he must perform it and prostrate [for forgetfulness], even if the doubt is removed before the Salam—unless the doubt is removed before he performs what would potentially be an addition. Thus, if he doubts whether he prayed three or four, he is obligated to build upon the minimum.' And Allah the Exalted knows best.

What advice do you have for those who spend their nights and days of Ramadan watching TV?

Time is too precious to be wasted on entertainment, let alone in the blessed month of Ramadan, where a Muslim should strive for reward and forgiveness.

What is the ruling on purchasing sacrificial animals and authorizing their slaughter via telephone?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is preferable for the one offering a sacrifice (udhiyah) to slaughter the animal himself, in adherence to the Sunnah, or to be present at the slaughter if possible.
 
It is valid to authorize a butcher to purchase a sacrificial animal on his behalf and slaughter it, regardless of whether the animal is owned by the butcher or the butcher is acting as an agent in its sale—according to the Hanbali school—provided that the butcher specifically designates and purchases the animal for the person offering the sacrifice before slaughtering it. And Allah Almighty knows best.

Is it permissible for the guardian to give Sadaqa (voluntary charity) from the money of the orphans?

It is impermissible for the guardian to donate from the money of the orphans because he is entrusted with the safekeeping of that money, and is prohibited from donating it.