Islam web Fatwa Procedure
30-1-2002 | IslamWeb
Question:
please tell me who will answer me.
Answer:
Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
Giving a Fatwa constitutes a very important issue in Islam.
Allah Says (interpretation of meaning): {They ask your legal instruction concerning women, say: Allâh instructs you about them, …}[4:127] He also Says: {They ask you for a legal verdict. Say: "Allâh directs (thus) about AlKalâlah (those who leave neither descendants nor ascendants as heirs). …}[4:176].
The Prophet (Sallallahu Alaihi wa Sallam) was used to issuing Fatwa himself, since this practice is one of the mission prerequisites. Allah Says (interpretation of meaning): {…And We have also sent down unto you (O Muhammad SAW) the reminder and the advice (the Qur'ân), that you may explain clearly to men what is sent down to them, and that they may give thought.}[16:44].
This means that a Mufti (a person who officially explains Muslim law) is the Prophet's deputy in Fatwa function. Al-Mufti also issues Fatwa in the name of Allah. So, according to Ibn al-Munkader: 'A scholar explains the rulings of Sharia to people. So, he has to be faithful and sincere to guide them to their Lord, Allah'.
Here, 'Fatwa Centre', we issue Fatwa according to the Noble Qur'an, Sunnah of the Prophet (Sallallahu Alaihi wa Sallam), consensus of Muslim scholars and Qiyas (verdicts given by) scholars of Islam.
And in case of difference and disagreement concerning some issue, we choose the predominant view which is based on evidence from the Qur'an or Sunnah. This means that we do not choose what we like, and vice versa.
Imam al-Nawawi, may Allah's Mercy be upon him, said: 'A Mufti or a follower who deals with an issue with two different rulings should not choose the one he likes without examination; he has to follow the predominant view'.
Without a doubt, a Fatwa may be different from one Mufti to another. This, in fact, is dependent upon his knowledge.
At the same time, we do not (in our Fatwa) follow allowances in Sharia or laps of some scholars, since such behaviour (according to Ibn al-Qayyim and al-Mirwazi) is a form of transgression and sin.
In addition, scholars condemn those who follow allowances in Sharia and those who pursue laps of some scholars, since a Mufti believes that the view point he has deduced is the predominant one and Allah's decree. This means that following some Fatwa because it is easy constitutes a true underestimation of Sharia.
So, one seeks a Fatwa from a pious scholar, one has to follow the predominant point of view in case of receiving two different opinions, i.e. he must not choose what he wishes.
In the same vein, al-Shatibi (may Allah's Mercy be upon him) said, 'Choosing easy views and rulings of Sharia must be avoided. This is because picking what is easy in Sharia leads to omission of Divine commandments and encourages the following of whims and desires whereas Sharia is based on one judgment, i.e. Allah's decree. Thus, a Mufti is not permitted to follow any of different judgments unless he examines them, and then, follows the predominant one'.
According to some scholars, following the predominant view is the best (most correct) way.
Here, we state that one who seeks a Fatwa will be held responsible, if he knows that a Fatwa contradicts what he keeps secret in his mind. In addition, a decree issued by a Qadi will not be benefit the person for whom it is issued if he knows that justice has not been done.
The Prophet (Sallallahu Alaihi wa Sallam) said, "You people present your cases to me and some of you may be more eloquent and persuasive in presenting their argument. So, if I give some one's right to another (wrongly) because of the latter's (tricky) presentation of the case, I am really giving him a piece of fire, so he should not take it". [Reported by Imam Bukhari]
Difference in jurisprudential judgments is a fait accompli. But, one who seeks a Fatwa must not believe that just having a Fatwa legalizes what he asks for. Here, if an inquirer finds any hesitation or disturbance in his/her mind due to recognition of the truth, his doubt, ignorance, the Mufti's ignorance, his bias and following allowances in Sharia and legal stratagems, the inquirer must depend on his/her own conscience as well as feeling of ease in his mind concerning such a Fatwa.
In addition, we have to know that some jurisprudential differences are justifiable, others not. So, one has to follow the first.
Finally, our gentle inquirers must know that our Fatawa are subject to a well-guided mechanism in preparation, revision and publication.
The process of issuing a Fatwa is as follows:
1) The question is answered by a specialist in Sharia.
2) The answer is referred to the head of the Fatwa Committee for any revision and correction, if needed.
3) The Fatwa is submitted for typing.
4) This copy is reviewed by staff for verification.
5) The final version is reviewed for linguistic and Sharia accuracy and approved for publication by a specialized person.
In case of difference concerning some Fatwa, a Committee meets to discuss the issue, study evidence and then take a decision.
Also, you have to know that the Fatwa Committee is self-governing body. This committee consists of well-qualified students, who hold Sharia certificates and have good experience in Fatwa and research. This committee is headed by a scholar who has a Ph.D. of jurisprudence and Sharia. This Committee follows the course of Ahl al-Sunnah wal-Jama'ah while treating with the opposite views depending on examination and deduction, without any form of bias to some school or country or group.
Thus, we can say, that our manner in issuing a Fatwa is accurate since we follow basic fundamentals, clear policy depending on the Quran and Sunnah, not an individual manner. Our goal is to clarify the truth taking into consideration our understanding of evidence, the present situation as best as we can.
We ask Allah to guide us and all Muslims to the truth and to help all Muslims to follow Islam in word and in deed and to guide them to the best in this Life.
We also seek His forgiveness concerning our intentional on unintentional lapses.
Allah knows best.