Fatwa: Significance,
Concept and Issues
The eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, In his book "Al-Fatwa Bayna al-indibat Wa-at-tasayyub, states the following:
"Lexically, the Arabic word fatwa means to give a satisfactory answer regarding a certain issue.
In the technical language of Shari`ah, the word fatwa clarifies the Islamic ruling in an answer given to question or a set of questions usually related to an Islamic issue. It does not make any difference whether the questioner is a person or a group of persons.
It stands to reason that fatwa is not an easy task, but rather an arduous one. This is because the one who commits himself to issuing fatwas acts on behalf of Allah's Messengers and Prophets. The Prophet (peace and blessings be upon him) is reported to have said: "Scholars are the heirs of Prophets, and Prophets neither left behind dinars nor dirhams (Arab coins); rather they left knowledge. He who acquires knowledge has really gained something of great value."
Both the Rightly-Guided Caliphs as well as all the Companions of the Prophet (may Allah be pleased with them all) used to show extreme caution before giving Fatwas. Sometimes, they'd completely decline from carrying out the process. They held deep respect for the person who did not hasten in delivering Fatwas. When asked about a certain religious issue, the Prophet's Companions (may Allah be pleased with them all), used to forward Fatwas to one another, passing them around in an attempt to avoid shouldering the heavy responsibility of answering them.
Sometimes, the Prophet (peace and blessings be upon him), when asked about certain matters, would decline to answer it until he asked Gabriel first. The Prophet (peace and blessings be upon him), said: "He who issues Fatwas without having sound religious knowledge will bear the burden of the one to whom he issued a Fatwa."
Imam Ahmad (may Allah be pleased with him) said that the one nominated to hold the position of Mufti, should possess the following characteristics:
1. He should have a pure intention to guide the questioner and never to misguide him.
2. He should have deep insight, equanimity and tranquility.
3. He should have a firm religious background and deep knowledge.
4. In his capacity as a religious leader, the Mufti should have adequate means to earn his livelihood.
5. Finally, he should be aware of daily life and contemporary issues."
Moreover, Sheikh M. S. Al-Munajjid, a prominent Saudi Muslim lecturer and author, adds:
"Not every individual has the right to issue Fatwas and make pronouncements on matters. A Mufti must be qualified and of profound knowledge. He has to be able to know the evidence, the wording and apparent meaning of the texts, what is Sahih (authentic) and what is Da`if (weak), An-Nasikh wal-Mansukh (the abrogating and the abrogated), what is specific in application and what is general, and what is stated in brief and what is mentioned in detail.
This needs lengthy experience and practice, knowledge of the various branches of Fiqh and where to look for information, knowledge of the opinions of the scholars and jurists, and memorization or knowledge of the religious texts. The Mufti should be knowledgeable and rich in life experience. We cannot imagine him to live in an ivory tower and turn a blind eye to life around him.
Undoubtedly, issuing Fatwas without having qualification to do so is a grave sin. Allah has warned us against that, saying: "And speak not, concerning that which your own tongues qualify (as clean or unclean), the falsehood: "This is lawful, and this is forbidden,' so that ye invent a lie against Allah. Lo! Those who invent a lie against Allah will not succeed." (An-Nahl: 116)"
How to Deal With Conflicting Fatwas in an issue ?
The prominent Azharite scholar, Sheikh `Abdul-Majeed Subh, states the following:
"First, I would like to stress the fact that Muslim scholars do not issue conflicting Fatwas regarding a well-established rule in the Shari`ah, though they may differ as regard Ijtihad or juristic deduction. In such cases, the one who is seeking the Fatwa should compare the different evidence adopted by every scholar, and then choose the opinion to which his true and sincere Islamic conscience guides him."
Moreover, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, adds:
"When there are conflicting Fatwas, the Muslim is supposed to choose the opinion which he deems sound according to his true conscience."
Fatwa: Ethics & Rulings
Dr. Ahmad Yusuf Sulayman, professor of Shari`ah at Cairo Univ., states:
"One who asks a scholar for a Fatwa should adhere to some Islamic ethics as follows:
1. He has to ask about useful knowledge, not to ask about future suppositions or unreal incidents. In the Glorious Qur'an, Allah says, " O ye who believe! Ask not of things which, if they were made known unto you, would trouble you." (Al-Ma'idah: 101)
2. Like a patient when visiting a physician, one who asks for a Fatwa has to present all information regarding his question and not conceal anything so that the Fatwa will be adequate.
3. He has to fear Allah and act according to the Fatwa he gets, not to misuse it.
4. Having received a Fatwa, one's heart should be filled with tranquility and comfort. This is in accordance with the Prophetic guidance: "Check the state of your heart, even if people issue Fatwas on your behalf", meaning that a God-fearing heart feels pleased with compliance with Allah's Ordinances, and vice versa and not depends solely upon people's views.
5. He has to ask scholars of profound knowledge. Allah says, "Ask the followers of the Remembrance if ye know not!" (An-Nahl: 43)
6. He should give priority to scholars who are known for piety and righteousness."
Leniency in Issuing Fatwas
Syeikh Dr Yusof Al-Qaradawi explains:
One of the priorities that should be taken into consideration in the fields of fatwa, and da`wah (call to Islam) is the adoption of a lenient and easy approach, far from severity and sternness. The provisions of the Qur'an and the Sunnah indicate that making things easy and lenient is favored more by Allah and His Messenger. Allah says "Allah desireth for you ease; He desireth not hardship for you." (Al-Baqarah: 185) He also says, "Allah would make the burden light for you, for man was created weak." (An-Nisaa': 28) In another verse He, the Almighty also says, "Allah would not place a burden on you" (Al-Ma'idah: 6)
Similarly, the Prophet (peace and blessings be upon him) is reported to have said: "The best parts of your religion are the easiest ones." In another hadith, he says "The most cherished religion to Allah is al-Hanifia al-Samha' (the easy and lenient)." Further, `A'ishah, the wife of Allah's Messenger said, "Whenever the Prophet had to choose between two things he adopted the easier one, provided it was not a sin. If it was a sin, he would be the farthest one from it."
Ibn `Umar also reports that the Prophet (peace and blessings be upon him) said "Allah likes His legal concessions to be undertaken, in the same way as He dislikes the acts of disobedience to be undertaken."
This lenient approach gains more weight in cases requiring ease, such as in the cases of weakness, illness, agedness, extreme difficulty and so forth. Jabir Ibn `Abdullah (may Allah be pleased with him), reported that in the course of a journey, Allah's Messenger (peace and blessings be upon him) saw a man. People were crowding around him and providing him with shade. Upon this he said: "What is the matter with him?" They said: "He is a person observing fast." Whereupon the Messenger of Allah (peace and blessings be upon him), said: "It is not righteousness that you fast on a journey."
If travel does not entail such difficulty, one is permitted to fast. `A'ishah reported that Hamzah Ibn `Amr Al-Aslami asked the Messenger of Allah about fasting on a journey. The Prophet said: "Fast if you like and break it if you like."
Commenting on the subject of fasting while traveling, and the disagreement of the scholars regarding its ruling, the rightly guided Caliph `Umar Ibn `Abdul-Aziz said, "The easier choice is the more excellent." This is an acceptable view, given the fact that some people find fasting with people easier than performing fast alone in later days when the people are not fasting. On the other hand, some people may opt to delay the fast. Thus, the easier the better.
Moreover, in pursuit of easing the fast, the Prophet called on Muslims to hasten to break the fast once the time is due, and to delay the meal of suhur (early morning meal).
Besides, while dealing with controversial rulings, many scholars prefer those that are easier for people, especially in the fields of dealings and transactions. One of their oft-repeated phrases is: "This ruling is easier for people."
Thanks to Allah, I actually adopt the approach of easiness in fatwa, and leniency in da`wah in conformity with the attitude of the Prophet (peace and blessings be upon him). In his advice to Abu Musa and Mu`adh before dispatching them to Yemen, the Prophet said: "Show leniency (to the people); don't be hard upon them; give them glad tidings (of Divine favors in this world and the Hereafter); and do not create aversion. Work in collaboration and don't be divided." In another hadith, `Anas narrates that the Prophet said: "Give glad tidings (to the people); do not create (in their minds) aversion (towards religion); show them leniency and do not be hard upon them."
Answering a question addressed to me after one of my lectures, I said that if I came across two opinions with equal or almost equal strength and weight, I would prefer the easier of them. One of the attendants asked, what is the evidence supporting such preference? I answered, my evidence is the guidance of the Prophet, (peace be upon him), who used to choose the easier options. He also ordered imams (the leaders in congregational prayers) to shorten their prayer, since some of the worshippers would be weak, aged, or in need to leave.
It may be acceptable for a scholar to issue a strict fatwa for those who are strong and staunch in their faith. However, the public need to be addressed with lenient and easy fatwas.
In fact, the lenient approach is needed more and more in our contemporary age, especially in dealing with new converts to Islam and those who have recently repented. Actually, this attitude is crystal clear in the Prophet's way of teaching Islam to new converts. He never overburdened them with many duties, orders, or prohibitions. When the new converts asked him about the teachings of Islam, he only informed them about the basic duties of Islam, without overwhelming them with many (supererogatory) acts.
Even, we see that the Prophet (peace and blessings of Allah be upon him) vehemently criticized those who make things difficult for people without considering their circumstances. This is demonstrated in his attitude towards some of the companions who used to prolong the prayer when leading people, which resulted in some complaints from people. When he was informed that Mu`adh prolonged the prayer, he reproached him saying: "Are you a tempter?" He said it thrice. Also, a man came to the Prophet and said, "O Allah's messenger! I keep away from the morning prayer because so-and-so (the imam) prolongs it too much." Allah's Messenger became furious, and I never saw him more furious than he was on that day. The Prophet said, "O people! Some of you make others dislike the prayer, so whoever becomes an Imam he should shorten the prayer, as behind him are the weak, the old, and those who need to leave for a certain purpose."
Some narrations reported that the leader who prolonged the prayer in the former incident was Ubay ibn Ka`b, one of the accomplished and knowledgeable companions. However, this did not spare him from the Prophet's criticism. The Prophet also disapproved of the act of Mu`adh, though he was one of his beloved and appreciated companions.
Anas, the Prophet's servant and companion, states: "I never prayed behind any imam a prayer lighter and more perfect than that of the Prophet, and he used to shorten the prayer whenever he heard the cries of a child lest he should put the child's mother to trial." The Prophet himself said: "When I start the prayer I intend to prolong it, but on hearing the cries of a child, I shorten the prayer because I know that the cries of the child will incite his mother's passions." In another hadith, Abu Hurayrah narrates that the Prophet said: "If any of you leads the people in prayer, he should shorten it for amongst them are the weak, the sick and the old; and if anyone among you prays alone then he may prolong (the prayer) as much as he wishes."
The Prophet's disapproval of severity reached its peak when he felt that it would form an orientation that would be adopted, not only by individuals, but by a group of Muslims. This is noticeable in his vehement disapproval of the act of the three companions who intended to follow a way of worship different from his way, though they meant only to perform good deeds and draw nearer to Allah. Anas narrates that a group of three men came to the houses of the wives of the Prophet asking how the Prophet worshipped (Allah), and when they were informed about that, they seemed to consider it insufficient and said, "Where are we from the Prophet, as his past and future sins have been forgiven?" Then one of them said, "I will offer the prayer throughout the night forever." The other said, "I will fast throughout the year and will not break my fast." The third said, "I will keep away from women and will not marry forever." Allah's Messenger came to them and said, "Are you the same people who said so-and-so? By Allah, I am more submissive to Allah and more afraid of Him than you; yet I fast and break my fast, I do sleep and I also marry women. So he who does not follow my Sunnah in religion, is not from me (not one of my followers)."
In this context, Ibn Mas`ud narrates that the Prophet (peace and blessings of Allah be upon him) said, "Ruined were those who indulged in hair-splitting. He repeated this thrice." In this hadith, al-mutanate'un means those who indulge in hair-splitting issues, and seek unnecessary difficulties.
Furthermore, Abu Hurayrah narrates that the Prophet (peace and blessings be upon him) is reported to have said, "Religion is very easy and whoever overburdens himself in his religion will not be able to continue in that way. So be moderate and try to be near to perfection, and receive the good tidings (that you will be rewarded); and gain strength by worshipping in the early hours of the mornings, the afternoon hours, and some part of the nights." The narration of Al-Bukhari goes as following "Do good deeds properly and moderately, and worship Allah in the forenoon and in the afternoon and during a part of the night, and always adopt a middle, moderate, regular course whereby you will reach your target (Paradise)."
Thus, the Prophet tells us that whoever intends to overburden himself with religious duties will fail, since the religious branches are numerous. So he taught us to choose times that are more suitable for offering acts of worship, that is times when the heart feels comfortable and the body is not exhausted, so that one would feel the delicious taste of worship and not feel boredom
Source : Islam Online.net
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