Giving Fatwa on Personal Disputes and Circumstances?

False Basis of Fatwa: Insight/Intuition

mSiddiqui wrote:

View original post

حَدَّثَنَا مُحَمَّدُ بْنُ إِسْمَاعِيلَ، حَدَّثَنَا أَحْمَدُ بْنُ أَبِي الطَّيِّبِ، حَدَّثَنَا مُصْعَبُ بْنُ سَلاَّمٍ، عَنْ عَمْرِو بْنِ قَيْسٍ، عَنْ عَطِيَّةَ، عَنْ أَبِي سَعِيدٍ الْخُدْرِيِّ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏"‏ اتَّقُوا فِرَاسَةَ الْمُؤْمِنِ فَإِنَّهُ يَنْظُرُ بِنُورِ اللَّهِ ‏"‏ ‏.‏ ثُمَّ قَرَأَ ‏:‏ ‏(‏ إِنَّ فِي ذَلِكَ لآيَاتٍ لِلْمُتَوَسِّمِينَ ‏)‏ ‏.‏ قَالَ أَبُو عِيسَى هَذَا حَدِيثٌ غَرِيبٌ إِنَّمَا نَعْرِفُهُ مِنْ هَذَا الْوَجْهِ وَقَدْ رُوِيَ عَنْ بَعْضِ أَهْلِ الْعِلْمِ فِي تَفْسِيرِ هَذِهِ الآيَةِ ‏:‏ ‏(‏ إِنَّ فِي ذَلِكَ لآيَاتٍ لِلْمُتَوَسِّمِينَ ‏)‏ قَالَ لِلْمُتَفَرِّسِينَ ‏.‏

Narrated Abu Sa'eed Al-Khudri (RA) that the Messenger of Allah (ﷺ) said: "Beware of the believer's intuition, for indeed he sees with Allah's Light." Then he recited: Surely in this are signs for those who see (15:75). [Tirmidhi]

Many of the Master of Hadeeth consider this narration to be weak
Nevertheless, lets go with "an opinion" and consider it at least "Hasan": abuaminaelias.com/dailyhadithonline/2012/10/02/beware-fir...

Refutation:

Nobody in the history of Islam HAS EVER based Fatwa on foresight or intuition, in fact it is the opposite i.e. needs evidence. You cannot declare Halal/Haram based on feelings in your heart, it is IMPERMISSIBLE AND SINFUL to do so!

www.askimam.org/public/question_detail/18511

In the name of Allāh, Most Gracious, Most Merciful

Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

If we research the literal meaning of fatwa in the Hans Wehr Dictionary, we would conclude that it is to structure a formal legal opinion or a deliverance of formal legal opinions. A fatwa is a legal declaration in Islam, issued by an Islamic law expert on a specific issue. The plural of fatwa is fataawa. Usually a fatwa is issued at the request of an individual to settle a question concerning fiqh or Islamic jurisprudence. A scholar skilled in issuing fataawa is famously known as a Mufti. Issuing of fataawas is a great responsibility. Fatwa (Judicial verdict) holds a vital role in Islam as it helps to explain Allah Ta’ala’s law in both religious and worldly matters. The Muftis are particularly cautious when announcing fatwa’s, due to their far reaching implications and the Ulama are well aware of the importance of fatwa, thus handling it as meticulously as possible. They have researched and analyzed every discussion of Usul al-Fiqh (principles of jurisprudence), briefly or at great length, then ventured out into the field of Islamic law.

The usage of the word fatwa can be found in the Holy Quran:

يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلَالَةِ

“They ask thee for a legal decision. Say: Allah directs (thus) about those who leave no descendants or ascendants as heirs. “(Surah-al-Nisa verse 176)

وَيَسْتَفْتُونَكَ فِي النِّسَاءِ قُلِ اللَّهُ يُفْتِيكُمْ فِيهِنَّ وَمَا يُتْلَى عَلَيْكُمْ فِي الْكِتَابِ فِي يَتَامَى النِّسَاءِ اللَّاتِي لَا تُؤْتُونَهُنَّ مَا كُتِبَ لَهُنَّ وَتَرْغَبُونَ أَنْ تَنْكِحُوهُنَّ وَالْمُسْتَضْعَفِينَ مِنَ الْوِلْدَانِ وَأَنْ تَقُومُوا لِلْيَتَامَى بِالْقِسْطِ وَمَا تَفْعَلُوا مِنْ خَيْرٍ فَإِنَّ اللَّهَ كَانَ بِهِ عَلِيمًا

“They ask you about women. Say, ―Allah answers you about them, and so does what is recited to you from the Book regarding orphaned women whom you do not give what is prescribed for them and tend to marry them, and regarding the weak from the children, and that you should maintain justice for the orphans. Whatever good you do Allah is aware of it. (Surah-al-nisa verse 127)

To issue a Shari ruling is a great responsibility and requires sacrifice, piety and great trustworthiness. Prior to Hazrat Umar (Radiallahu Anhu) issuing a ruling, he would gather the prominent sahaba and consult with them first, then would he issue the ruling having placed full trust on Allah Ta’ala.

Dar-ul-Iftah is the fatwa institution. Another definition of fatwa is the Shariah’ law illustrated by a Mufti to an inquirer in a non-restrictive form. Hence, the inquirer is not restricted or bound by the law arising from the Mufti’s fatwa. The inquirer has the right to seek a fatwa from another Mufti or Muftis. Furthermore, he can apply the Fatwa from another Mufti, provided the Mufti is an ‘Alim or pious person and well qualified to issue rulings.

A Mufti is required to be academically honest. He should not discriminate against people when issuing a fatwa, for example by issuing a different fatwa for family members and the public. Fatwa, however, is an integral aspect of ibadah, so a Mufti can issue fatwas relating to cleanliness, salaat, zakat and other ibadaat.

Rasullullah (Sallallahu Alaihi Wasallam) himself issued fatwa’s throughout his life. There is a rasaa’il (scripture) called Rasaa’il Muhammadiyah wherein, during the era of Nabi (Sallallahu Alaihi Wasallam) people used to bring their personal issues and a ruling would be given to them.

A Mufti should be a pious person who is an expert in the field of Jurisprudence. He is also expected to analyze and research past fatwa’s as well as make reasonable choices. He should not be content with only extracting and narrating fatwa’s from other Muftis. Fataawa differ from one Mufti to another, depending on the academic level of the Mufti. Consequently, a person who wishes to obtain a fatwa should base his selection on the level of mastery and piety of the Mufti.

A Mufti who makes a fatwa founded on rumours and instincts will become a sinner and his action is haram. Such a Mufti is sinful because of his blatant lie towards Allah Ta’ala and Rasulullah (Sallallahu Alaihi Wasallam). In a hadith Rasulullah (Sallallahu Alaihi Wasallam) said: “Anyone who issues a fatwa without knowledge, will bear the sin of issuing the fatwa.”

In conclusion, issuing of rulings is a mammoth task and requires great determination and excellence in the field of Jurisprudence.

We hope this symposium gives you brief insight and clarity on the topic of Fatwaas.

And Allāh Ta῾āla Knows Best

Wassalāmu ῾alaykum

Ml. Ebrahim Desai,
Student Dārul Iftā

Checked and Approved by:

Mufti Ebrahim Desai
Dārul Iftā

Giving Fatwa on Personal Disputes and Circumstances?

Font Size

Font Weight