Comments on: Mufti, Fatwa, and Istifta – The Asking and Answering of Religious Questions https://www.virtualmosque.com/islam-studies/islamic-law/mufti-fatwa-and-istifta-the-asking-and-answering-of-religious-questions-part-ii/ Sun, 12 Aug 2018 05:58:43 +0000 hourly 1 https://wordpress.org/?v=7.0.4 By: Azmat ALi https://www.virtualmosque.com/islam-studies/islamic-law/mufti-fatwa-and-istifta-the-asking-and-answering-of-religious-questions-part-ii/#comment-345651 Sun, 12 Aug 2018 05:58:43 +0000 http://www.virtualmosque.com/?p=9006#comment-345651 AA,
Is it necessary not to shave a beard or face after seeing dhul hijjah moon upto Eid-ul-azha

]]> By: Shahsta Abbas https://www.virtualmosque.com/islam-studies/islamic-law/mufti-fatwa-and-istifta-the-asking-and-answering-of-religious-questions-part-ii/#comment-14505 Thu, 08 Sep 2011 15:18:55 +0000 http://www.virtualmosque.com/?p=9006#comment-14505 AA,

I have a question and did not know how to ask via any other route.
My cousin’s daughter passed away almost a year ago and she was asking what is the islamic ruling on doing a hattam on the day her daughter died. (death anniversay) where she invites family memebers and friends to join her in reading Quran and making dua for her to rest in peace and be granted Jannah ia. As far as i am aware i do not know of muslims conducting death anniverasry memorial hattams and it is not the sunnah? Please can you shed some light on this?

]]> By: Zeeshan https://www.virtualmosque.com/islam-studies/islamic-law/mufti-fatwa-and-istifta-the-asking-and-answering-of-religious-questions-part-ii/#comment-14504 Thu, 08 Sep 2011 12:59:45 +0000 http://www.virtualmosque.com/?p=9006#comment-14504 Authentic Ahadees reveal that, if a Pregnant Woman decides (do Niyyah) that she will name the child either Muhammad (pBUH) or Ali (AS). Then the child born will be a boy. Insha Allah. is there Hadees kidnly give us the complete reference including which school of thought, book and chapter and also the explaination?

]]> By: Malik Mohsin https://www.virtualmosque.com/islam-studies/islamic-law/mufti-fatwa-and-istifta-the-asking-and-answering-of-religious-questions-part-ii/#comment-14503 Sat, 28 May 2011 15:15:48 +0000 http://www.virtualmosque.com/?p=9006#comment-14503 Assalamualaikum Warahmatullahi Wabarakatuh
Dear brother I want to ask you whether job in international NGO funded by UN or European countries/ US is right/ jaiz? I mean as per my knowledge these NGO are funded interest money. Please give your opinion.

Regards

Malik Mohsin

]]> By: Rev. Cynthia https://www.virtualmosque.com/islam-studies/islamic-law/mufti-fatwa-and-istifta-the-asking-and-answering-of-religious-questions-part-ii/#comment-14502 Tue, 27 Apr 2010 16:09:43 +0000 http://www.virtualmosque.com/?p=9006#comment-14502 @ Haq~ thank you for your thorough response. After reading what you had to say here and the article that you linked, I am starting to see that all of the rules surrounding Islam are extremely involved and I cannot imagine how people could possibly know & follow all of them.

]]> By: Haq https://www.virtualmosque.com/islam-studies/islamic-law/mufti-fatwa-and-istifta-the-asking-and-answering-of-religious-questions-part-ii/#comment-14501 Mon, 26 Apr 2010 16:51:03 +0000 http://www.virtualmosque.com/?p=9006#comment-14501 Dear Rev. Cynthia,
A. There are many from very major societal issues to minor individual issues. For example:
1) There was a recent incident of a woman who had assumed the special ritual state (Ihram) for the annual pilgrimage (aka Hajj), in which many acts, normally allowed, become prohibited. To release onself from this state, there is a certain procedure. However a sister had made a mistake and had returned back to the UK without releasing herself from this state. This obviously was very difficult on her as she she was not allowed to use perfume, trim her hair/nails etc… (these are some of the things that become prohibited in that state). So basically the ruling issued by Mufti’s of her locality is that she must return to Saudi Arabia and do the act she had forgotten to do, however this would have placed immense difficulty on her, and hence an alternative fatwa was issued (from the various valid opinions) which meant she could release herself from that state without returning to Saudi Arabic
2) An example of a major issue is the matter of divorce. The overwhelming majority of jurists opine that 3 divorces issued in sitting means the quota has been reached (in Islam, every couple have a quota of 3 divorces, after which the wife is permantly divorced from her husband unless she marries someone else and consummates the marriage with him, and after he divorces him she can go back to her first husband). However, there is a prevalent misconception that without issuing 3 divorces the divorce is not effective, and based on this men issue 3 divorces together. If however the majority opinion is followed, society will be in turmoil, with families breaking down etc… Hence due to this a Mufti may issue a verdict on the minority opinion due to the benefit (maslaha) that will acrue from it. Obvioulsy the analysis should be scientific and objective.
3) a more personal issue, my sisters daughter, actually my brother’s too lol vomits quite a lot. Now the vomit, if it is full mouth, then the mufti’s here opine that it is impure (najis) which must be washed off before prayers. If this is so, then my sister and sister-in-law will be busy all day changing clothes and it eventually de-motivates them from praying . Hence I told them (after discussing it with two scholars) that a very prominant mufti (Ibn al-Qayyim) opines that the vomit of a baby who is not on solids yet is pure, and thus they now find ease. This last example is also an example of a case in which a person can legitimately consult a mufti for an easier ruling. Also you may read my article on this for a better understanding of the factors that may help indicate when consulting a mufti for ‘a way out’ may be necessary @ http://www.virtualmosque.com/islam-studies/%e2%80%9c-and-has-not-placed-upon-you-in-the-religion-any-difficulty%e2%80%9d/
There are many issues such as this and I can go on, but what this highlights is that Islam is a living tradition and responds to the people’s needs. At its core, it is a text (Quran + Hadith), yet this text must be engaged with, and it is here when rulings change to reflect changing conditions.

Hope this helps!
Feel free to ask more questions 🙂
PEACE
Haq…

]]> By: Rev. Cynthia https://www.virtualmosque.com/islam-studies/islamic-law/mufti-fatwa-and-istifta-the-asking-and-answering-of-religious-questions-part-ii/#comment-14500 Mon, 26 Apr 2010 04:54:14 +0000 http://www.virtualmosque.com/?p=9006#comment-14500 @ Haq ~ many thanks for your thoughtful response. I greatly appreciated your comments.
I’m hoping that you might be able to expand on the following two cases, which you mentioned:
A. “. . .situations in which a Mufti can ‘find a way out’ for someone”
B. “. . .a person in difficulty who seeks an easier opinion”
What you said here: “the fact that the person bothered to find a ruling of permissibility shows he had a conscious” is exactly how I felt about my intended. Even though he said that he felt at peace (following his doing the “Guidance Prayer”), he wanted to be sure to get confirmation via the Fatwa. Despite the emotional upheaval for me, I felt that he was doing what was necessary for his religion and I respect him for that.

Blessings multiplied…

]]> By: Haq https://www.virtualmosque.com/islam-studies/islamic-law/mufti-fatwa-and-istifta-the-asking-and-answering-of-religious-questions-part-ii/#comment-14499 Sun, 25 Apr 2010 15:42:30 +0000 http://www.virtualmosque.com/?p=9006#comment-14499 In reply to Heba Salah.

I think questions are healthy and should not be Stifled. I think the sister had a perfectly valid question, she was only being curious. If we have ‘expectations’ of what kind of questions should be posed, it will lead to a very restricted learning culture, since some questions would be termed ‘wrong’.
peace…

]]> By: Haq https://www.virtualmosque.com/islam-studies/islamic-law/mufti-fatwa-and-istifta-the-asking-and-answering-of-religious-questions-part-ii/#comment-14498 Sun, 25 Apr 2010 15:33:58 +0000 http://www.virtualmosque.com/?p=9006#comment-14498 In reply to Rev. Cynthia.

The fact that the scholar you consulted, confirmed his ruling with others on this matter is not ‘fatwa shopping’ but just prudence. This term is problematic since it is too vague and subjective. There are legitimate situations in which a Mufti can ‘find a way out’ for someone, yet this may also be termed ‘fatwa shopping’. Due to its vagueness, it has lost its analytical value, hence I think its best alone. Similarly to ask scholars until you find one that you are satisfied has understood the situation well is nothing wrong. It is also important to note that a person in difficulty who seeks an easier opinion is also not ‘fatwa shopping’.

Regarding the time the scholars took to answer, I think this is due a lack of a scholars specialising in the field of fatwa and dedicating their time to answering question. Hence they must find time in their spare time to answer the many questions they receive. May Allah reward them.

Hope this helps,
Glad it worked out 😀

]]> By: Haq https://www.virtualmosque.com/islam-studies/islamic-law/mufti-fatwa-and-istifta-the-asking-and-answering-of-religious-questions-part-ii/#comment-14497 Sun, 25 Apr 2010 15:10:31 +0000 http://www.virtualmosque.com/?p=9006#comment-14497 “Although Islamic Law aims to bring about ease for people in general, as stated by Ibn al-Qayyim, the intention here is to seek permissibility, not to seek the truth.”

But isn’t the fact that the person bothered to find a ruling of permissibility shows he had a conscious? If he didn’t, he would not have bothered. How can this be termed ‘ittiba al-hawa? Truly Ittiba al-Hawa is when someone does something disregarding Sharia? I always find the reasons against following the easier (aysar) opinion not strong enough.

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