A Referendum On The Formation Of A Women's Fatwa Committee At A Legitimate University

Note: The translation below may need revision... We welcome any correction by emailing us.

The Question:

The university intends to establish a jurisprudence forum for the university’s sheikhs, consisting of the sheikhs of jurisprudence and principles at the university, distinguished students in the subject of jurisprudence and fatwa, and some scholars from outside the university who are famous and engaged in jurisprudence and fatwa, in order to obtain collective fatwas on issues that the nation is exposed to, and given the presence of female students at the university from Those who studied jurisprudence, principles and fatwas, like other students, and there is a proposal to form a women’s fatwa committee to follow the jurisprudence forum at the university, and to refer fatwas related to women’s privacy, provided that this is under the supervision of a group of senior scholars or a scholar.

Is it permissible to establish such a committee of the jurisprudence forum at the university ?

Answer:

Praise be to  Allah , Lord of the Worlds, and prayers and peace be upon the servant of  Allah  and His Messenger, Muhammad, and all his family and companions

Then...

The matter of the fatwa is grave and dangerous, and that is why the righteous predecessors were afraid of it, and one of them would like someone else to give fatwas on the issue, until it was reported from some of them that he used to refer the questioner to the one who gave his fatwa, and so does the second until the matter reaches the matter being returned to the first mufti. What is required of the Muslim is to establish his life and all his relations with There are other issues according to the Islamic approach, and new issues have emerged at the present time related to various topics such as those related to worship and transactions. There are also issues that were examined by the old jurists and there were differences in them, and therefore it is permissible to make ijtihad regarding them by choosing the most correct one according to the legal evidence and researching these matters is either an individual research or Collectively and collective ijtihad is more likely, more beneficial, and closer to correctness than individual ijtihad, hence the need in establishing fiqh councils to perform some of this task. Among the precedents in giving preference to collective ijtihad was what the rightly-guided caliphs did, especially the rightly-guided caliphs Abu Bakr and Omar, may  Allah  be pleased with them both.

What was transmitted to us regarding the fatwa is that women were asked about matters of religion by men and women alike, as was transmitted to us from the mothers of the believers, and they did not think, let alone establish a special forum for women to carry out fatwas for women. Following and evil in innovation, because innovation is reprehensible, whether it is in the end or in the means, and from here setting up a jurisprudential forum for women only was an innovated matter for which we do not see a legal justification, since there is no evidence for it and there is no need in it. There is a precedent in this matter, and there is no legal evidence for such diversity, nor is there a need or necessity for it, as the woman participates in achieving the intended purpose of the collective jurisprudential thought with the jurisprudential opinions she expresses, if it is from the people of knowledge in the issues that are intended to be examined and the knowledge of the legal ruling in them. Participation in her home.

Thus, the purpose of collective ijtihad is achieved with the absence of ambiguities when it is stipulated that women should have a fiqh forum of their own, because it may come under the heading of innovation, because the limit of heresy as it is in the end is by means. Knowledge is with men, as Abu Bakr and Umar used to do. And if the need arose for a woman to know her ability to give the right opinion, they would ask as our master Omar, may  Allah  be pleased with him, did when he asked his daughter Hafsa about the harshest thing a woman has to endure in her separation from her husband. The formation of a jurisprudential forum for women may be a not good precedent for those who are not qualified to give fatwas to establish special institutions for women on the pretext that they are people of knowledge and religion. As it is in the end, it is in the means, just as the door of blocking pretexts helps us from approachingfrom the correct answer, because there is an incorrect and misplaced protest, which is that ijtihad is not limited to a person, group, or sect, nor is it specific to a specific time or place.

From this first: the dangerous and subtle, some of the ignorant or religiously slavish people may apply out of jealousy and competition to form women’s committees that those in charge claim that they give their opinion in the field of private ijtihad in Islamic issues, especially women’s ones. A recent talk about that daring woman who embraced Islam from the permissibility of performing the Friday prayer without being bound by the legal restrictions regarding the sermon, the imam in it and how the worshipers stand in it. The rulings of religion, and therefore at this time we must adhere to the bonds of religion by sticking to fixed matters that are free of suspiciousness and not to enter into suspicious matters because that is safety.

Based on these general premises, we can give the following answers to what was included in the question raised to us, and we answer it with its specifics or what is related to these particulars regarding the formation of a women’s committee for women that follows the Fiqh Forum:

Article one:

A jurisprudence forum is held at the university

Article Second:

The members of this forum consist of sheikhs and university professors in Islamic jurisprudence with its various branches, distinguished students of the university in Islamic jurisprudence with its various branches, and some of the famous scholars of jurisprudence from the university.

Article Three:

The administrative structure of this forum shall be in accordance with what is stated in its bylaws.

Fourth Article:

Objectives of the Fiqh Forum:

Discussing important general issues that Muslims need to know the legal ruling on them.

Presenting these issues to be discussed by members of the forum or by others concerned with Muslim issues .

The forum distributes the issue to be discussed to the members of the forum, so that each one of them can discuss it and express an opinion on it.

The forum seeks advice from the opinions of people of experience and knowledge in the matters to be discussed, even if they are not of jurisprudence, such as doctors, in what they are specialized in, or in what is customary, such as issues related to women such as the period of menstruation, pregnancy and the possibility of a woman’s separation from her husband. Hafsa, the Mother of the Believers, about the maximum length of time a woman can be patient in avoiding her husband.

The answers are submitted in written form and discussed in minutes from the members of the forum or from those with a precise competence among them and related to the topic of the issue to be discussed. Attending, obeying, and issuing in the name of the Fiqh Forum at the university, with the statement that it came out by the unanimity of the members or their majority and not all of them, rather it is by agreement or the majority. To the forum during a certain period if they see a difference in the opinion announced by the forum because the forum does not include all scholars and this announcement gives a last opportunity for scholars who are not affiliated with the forum to express their opinion and after gathering these objections the forum meets to study them regarding the objections that need to be corrected correct thoughthe objection is out of the question. He explained to his owner that his opinion is not. Hence, a monthly magazine is necessary to express these opinions and to announce the initial opinion of the forum for the issues it examines, and to receive objections, if any, and to answer them in the magazine, which is likely to be semi-annual, after which it is printed in a magazine and published in the appropriate period. As if it is annual.

The forum is concerned with examining the different jurisprudential issues and clarifying what it deems to be the most preponderant of these opinions.

It is permissible for the forum to discuss fatwas on special issues that their owners present to the forum to find out the legal ruling in them, even if they are specific to them. We distribute these referendums to or some of them or to each referendum separately. They are not issued in the name of the forum. Rather, the author informs the questioner about them only and tells that they are the answer of one of the people of knowledge.

These issues are subject to research by the Forum and published in a yearly or quarterly journal as needed.

Article Five:

The woman contributes to the work of the forum as one of its members through the supervisor of the female students’ section to do the following:

1) You receive the issues to be discussed and know the Sharia ruling on them, then you submit them to the forum and receive the answers about them.

2) In charge of preparing research on the issues to be discussed and referred to it by the forum.

3) The woman is consulted by the forum as part of the opinion related to the issue in question in the matters pertaining to her, in what is closely related to the woman in the matters pertaining to her, and it is intended to know the legal ruling regarding her, such as the issues of menstruation, postpartum, childbirth, most of the period of pregnancy and the maximum patience a woman has for her husband.

4) Respond to referendums on Almstfti and referred to it by the Forum.

And may  Allah ’s prayers and peace be upon our master Muhammad and his family and companions, and praise be to  Allah , Lord of the worlds ,,,

The poor to  Allah  Almighty Prof. Dr. / Abdul Karim Zidan

Released on 4/1426 AH, 15/5/2005 AD

_PRINTER

Published on: 2015-02-16 (6323 Reads)