The process of Fatwa:
Fatwa is a very sensitive matter and has a great status in Islam. Allah says (what means): “They ask you about the sacred month – about fighting therein…” [Qur’an 2:217]. Allah also says (what means): “They request from you a [legal] ruling. Say, “Allah gives you a ruling concerning one having neither descendants nor ascendants [as heirs].”[Quran 4:176].
The Prophet salla Allahu alayhi wa sallam, during his life, was responsible for this matter as a part of his mission, as Allah says (what means): “And We revealed to you the message that you may make clear to the people what was sent down to them and that they might give thought.”
The Mufti (a scholar who gives Islamic verdicts) is the successor of the Prophet salla Allahu alayhi wa sallam in clarifying matters. Also, he is assigned to informing worshipers the verdicts of Allah. In delivering Fatwa, we follow Qur’an, Sunnah, consensus and analogy. If there is a contradiction in views, we choose the preferable view and that which has strong evidence. We don’t have the right to choose views according to our desire.
Imaam An-Nawawi may Allah have mercy upon him said: “The Mufti in delivering a Fatwa of two views doesn’t have the right to choose a view that appeals to him without research, but he should choose the preferable one”. We don’t follow licenses of schools of thought or slips of scholars. Some scholars, like Abu Ishaaq Al Marouzi and Ibn Al-Qayyim may Allah have mercy upon them; considered whoever does that as a dissolute. Scholars condemned whoever follows the licenses and slips, because the preferable to the Mufti is what is thought to be Allah’s verdict. Neglecting Allah’s verdict and following another way of easiness is slighting of religion.
The questioner consults a Mufti because he/she trusts his knowledge and piety. If the questioner is perplexed by two answers, he doesn’t have the right to choose as he wishes but he should follow a kind of preference. This preference returns to the knowledge and piety of the Mufti. Ash-Shaatibi may Allah have mercy upon him said: “the questioner doesn’t have the right of choice between answers, because in case of choosing there will be elimination of obligation. Since we give imitators [followers] the right to choose the belief of scholars, they will follow their desire in that choice.” Sharee’ah (Islamic Law) depends on one matter: the verdict of Allah. The questioner, like the Mufti, doesn’t have the right to prefer one view to another without returning to consensus in this preference.
Discrepancy in Jurisprudence is a fact. The questioner shouldn’t think that such a fatwa can legalize what he has asked about. In case of hesitation, the questioner knows what is inside him and knows if the Mufti is well known for his inadequate knowledge or for tricks and licenses which disagree with the Sunnah. Thus, the questioner should not consult him to be licensed to do what is not permitted; he should fear Allaah.
In this site, there is a committee of specialists that is responsible for preparing, checking and approving the Fatwa. This committee comprises a group of licentiate graduates from the Islamic University, Al-Imaam Muhammad Bin Sa’oud Islamic University in Saudi Arabia, and graduates who studied Islamic sciences from scholars at Mosques and other Islamic educational institues in Yemen and Mauritania. This special committee is headed by Dr. ‘Abdullaah Al-Faqeeh, specialist in Jurisprudence and Arabic language.
Mechanism of Fatwa
The Fatwa in this web site undergoes unique special mechanism in its process: preparing, checking, approving and finalizing its articles. It starts with initiating the Fatwa from one of the prominent scholars in the committee; then goes to the head of the committee for review. In the second stage, however, and once all opinions are agreed upon, it goes for printing. After printing and editing, it goes to the final review in terms of language and content.
Finally, the Fatwa is published on the web. But in case of any differences that may occur in some areas of the Fatwa, the committee sets special meeting to discuss the matter from all possible directions to come up with the best answer that suits the Islamic views.
Doing our meticulous work, we strive to please Allah Almighty, and to arrive to the best solution that is agreed upon by scholars. We take into account, while issuing Fatwa, the legal proofs and the conditions that affect Fatwa in terms of time, place and other matters.
We ask Allah to guide us to the Straight Path and help all the Muslims and their leaders to please Allah in this life and in the Hereafter and forgive our shortcomings.