Dr. Ali Gomaa, a member of the Council of Senior Scholars in Al-Azhar, affirmed that the person who issues fatwas without learning, they call him “a misguided stray”.
Ali Gomaa said, in his meeting on the CBC channel, that religion is science and action, and science has five pillars and pillars of science, “the professor, the student, the book, the curriculum, and the surrounding scientific atmosphere in which science is transmitted.”
A member of the Council of Senior Scholars at Al-Azhar Al-Sharif pointed out that the person who reads a book and does not have a professor or curriculum and did not study the auxiliary sciences, did not come into contact with a comprehensive scientific atmosphere, and only read the book, it is not correct and this person should not be a scientist in anything.
Dr. Ali Gomaa, the former Mufti of the Republic, explained that the fatwa is the language of a source name meaning fatwa, and the plural is: fatwas, it is said: “I gave him a fatwa and a fatwa if I answered his question, and the fatwa explains the legal rulings, and the referendum is a language”: he asked for an answer about the problematic matter, and from him the Almighty said: (And do not seek a fatwa from any of them) [الكهف:22] It may be in the sense of just a question, and from it is the Almighty’s saying: (So ask them whether they are more powerful in character or than we have created) [الصافات:11]The commentators said: That is, ask them.
Mufti is a language: the noun of a participle who gave a fatwa, so whoever gave a fatwa once is a mufti. Al-Sirafi said: “This name is intended for the one who fulfilled the command of their religion for the people, and taught the general and specific terms of the Qur’an, abrogated and abrogated it, as well as the Sunan and deduction. See Differences by Al-Qarafi, Part 2/117).
And he continued: “Ibn Taymiyyah said when asked about the rule of the Tatars as a matter of fatwa: It is obligatory to fight these people, according to the Book of God, the Sunnah of His Messenger, and the agreement of the Muslim imams, and this is based on two principles: one: knowledge of their condition, and the second: knowledge of God’s judgment in their example (see the collection of Fatwas of Ibn Taymiyyah). 28/510), and they are the two components of the fatwa: the reality and then the judgment of God Almighty in the like of it.
In a statement on his official page, Ali Gomaa indicated that the concept of fatwa is mixed with other convergent concepts, so we see that the differentiation between these concepts is very important, and it also helps in defining terms and concepts that provide speed of understanding and clarity of the language of dialogue. In order to derive the specific meaning of the fatwa, we need to differentiate between its meaning and other meanings that sometimes overlap with it, such as the judiciary or jurisprudence. Jurisprudence is: knowledge of practical legal rulings gained from their detailed evidence (refer to the end of al-Soul by al-Asnawi 1/19), while the fatwa is: an ambiguous clarification. Obtained in an issue in which it is intended to explain the Sharia ruling (see the Constitution of the Scholars 3/14) and accordingly the jurist: He clarifies the rule of God Almighty without examining the incident or the incidents that surround it. As for the judiciary, it is: obligating the ruler with a legal ruling after pleading with it (see Zafar Al-Ladi, Siddiq Khan pg. 4).
Ali Gomaa continued: “Those who contemplate these definitions find that despite the strong relationship between jurisprudence, fatwas and the judiciary, but that:-
Al-Faqih: He derives the rulings of God Almighty from the detailed evidence, and these rulings fulfill the objectives of the universal Sharia.
He pointed out that the Mufti: “He studies the reality and then turns to jurisprudence to take from him the ruling of God Almighty in such an incident in a way that achieves the purposes of Sharia, and the judge: He intervenes to change the reality and binds the parties to the dispute with what God Almighty’s judgment is upon.”
And he went on, these functions may be intertwined with each other, so the judge plays the role of the jurist or the mufti, and the jurist plays the role of the mufti. However, there will still be a difference between those meanings and the functions of those in charge of them. The fatwa is not binding and the judge’s ruling is binding. Therefore, the mufti has no authority over the people, but the authority is for the judge. His ruling is binding on the creation, outwardly, i.e. with the people and society and inwardly, i.e. with God Almighty. By divorcing his wife, this fatwa can ask for another knowledge other than him, or imitate another madhhab, but if the judge orders the divorce of the same wife, then she becomes forbidden to him and it is permissible for her after the expiry of her waiting period to marry another husband before God and in front of people.
And he concluded his speech: “So, if the judiciary is more than the fatwa in the obligatory, then the fatwa is more general than the judiciary in terms of the topics that it deals with, since everything in which the ruling comes, the fatwa comes in, and not the opposite, all acts of worship do not fall under the scope of the judiciary, so the ruling does not come under it. The validity or invalidity of prayer, as well as the reasons for acts of worship such as the timings of prayer and the beginning of the month of Ramadan and other reasons for sacrifices, expiations, vows and the ‘aqeeqah, because saying about all of that is a matter of fatwa.
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