FATWA AND QADHA

Fatwa is an information concerning Deen which a Mufti gives. Normally Fatwa is based on the version which is presented in front of a Mufti. This version can be from one person. It is not necessary for a Mufti to listen to the version of all those who are concerned. He has the right to listen to the version of one person and give Fatwa. And this Fatwa will be valid for the person who asked this Fatwa. But he should not take the name of anyone. For example, if a woman asks, "Do I have the right to continue to live with my husband who gave me 3 Talaaq?" In this case, a Mufti should reply in this way: "A woman, whose husband gave her 3 Talaaq, has no right to continue living with him." But he should not say that you have no right to live with your husband. He must use a general formula. Or he may say; "If your husband really gave you 3 Talaaq, then you are not allowed to continue living with him."

On the other hand, a Qa'dah or a verdict which is decreed by a Qaazi has a specific application. That is why it is not permissible to give a verdict until the version of all those who are concerned is not received.

"In order to be able to benefit from Maulana Ashraf Ali Thanvi (Rahmatullaahi Alaiyh), we should have love for him and for his people and also we should derive benefit by studying his books. We will get knowledge of Deen by studying his books and (ability to do good deeds) through his people." (Maulana Ilyaas Rahmatullaahi Alaiyh)

"The true and greatest Zikrullah is applying the commandments of Allah Ta'ala in all circumstances." Allah Ta'ala said: "O those who have Imaan, your wealth or your children should not distract you from Zikrullah." Therefore, a person, who respects the law of Allah Ta'ala and who does not transgress the limit that Allah has set in his behaviour towards his children and in his transactions, is considered a Zaakir." (Maulanaa Ilyaas Rahmatullaahi Alaiyh)

[English version of "Fatwa et Qadha" – Al Jamiat – Vol.7 No.13]