Ethics of Digital Fatwa
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Transcript 176 lines
Peace, Allah's mercy and blessings upon you.
Praise be to Allah, Lord of the worlds.
Blessings and peace be upon our Prophet Muhammad, best of messengers.
And his family and Companions, and all who followed
his guidance and example till Judgment Day.
To proceed, fatwa is a grave matter.
Allah ﷻ took charge of it and said.
“They ask you for a ruling about women. Say:
Allah gives you a ruling about them and what the Book says on orphan girls.”
Allah ﷻ said: "They ask you for a ruling. Say, Allah rules on kalalah."
The scholars are heirs of the prophets, and must convey this religion.
for each according to his ability, and that includes ifta.
Thus Allah ﷻ appointed scholars for ordinary Muslims to ask about faith.
in matters unclear to them. Allah ﷻ said.
“We sent you and those before you only men to whom We revealed.
So ask the people of knowledge if you do not
know.”
And the imam of the people of knowledge and exemplar: our Prophet Muhammad ﷺ.
He would personally issue fatwas. And this.
The principle is that a Companion may transmit his fatwa.
As for what the Prophet Muhammad ﷺ.
He would give fatwas face to face, without any intermediary.
It was very common; indeed, it was the norm, as in al-Bukhari, when.
The Prophet Muhammad ﷺ went out on Eid al-Adha.
Then he left, admonished the people, and told them.
After that, he urged the people to give charity.
The wife of Ibn Mas'ud came and said:
O Prophet of Allah, you ordered the Muslims to give charity.
And I had some jewelry, and wanted to give it in charity.
With it, but Ibn Mas'ud claimed that he and his child deserved it more.
Then he ﷺ said:
“Ibn Mas'ud spoke the truth.
Your husband and child deserve it more.”
And some of it is via an intermediary.
There is one between the questioner and the Prophet ﷺ.
He conveys the fatwa, for example.
Ali's hadith: he asked about madhy and sent al-Miqdad.
And he said, “I am too shy to ask him because his daughter is
my wife.”
And in this digital age.
The ways to access knowledge have multiplied and diversified.
Hence this paper came about.
It is not a paper set out
in the usual academic form, but points outlining ethics and manners.
Its structure is:
An introduction, two sections, and a conclusion.
We will present a summary of this paper.
The first section is on the ethics of digital fatwa concerning the mufti.
First: sincerity to Allah ﷻ.
And dependence on Allah ﷻ.
Imam Ahmad is reported to have said.
A man should not put himself forward to issue fatwas unless
he has five qualities:
The first is that he has intent. If he has no intention, he will not.
there would be no light in his words, nor upon him.
As for the second, he should have forbearance, dignity, and calm.
The third is that he be strong in his work and know it well.
The fourth is self-sufficiency; otherwise, people will chew him up.
And the fifth is that he should have knowledge of people.
Secondly: knowledge of fatwa sources and ways to infer from them.
And being well-versed in that as stipulated.
by scholars in their writings.
Fourth: considering harm and benefit in giving a fatwa or withholding it.
The fifth is kindness to the questioner.
Showing him mercy and speaking kindly to him.
Even if some questioners provoke the mufti or do not know how to ask.
Fifth: this is part of the mufti's good manners and sincere counsel:
If a questioner asks about something and he forbids him from it,
he should guide him to what can replace it.
Thus he closes the forbidden door to him and opens the lawful one.
And the sixth thing a mufti should observe.
Especially in digital fatwa.
He should prioritize whoever contacted him first,
and not delay in replying, as justice and excellence require.
Seventh: the mufti must consider the circumstances in the answer.
And eighth: the mufti's words must be clear, explicit, explanatory.
removing ambiguities and avoiding words open to multiple meanings.
And he should avoid absolute wording, especially in serious matters.
Ninth: must know people's customs and conventions in wording and writing.
Tenth: explain the proof for the ruling to the questioner.
and state its basis when possible, not leave that to the questioner.
Some questioners are ignorant or naive or cannot understand or act properly.
Eleventh: a mufti should consult someone he trusts in knowledge and reason.
He may.
He may read the online question to someone present qualified for it.
Unless the inquiry contains
anything that should not be disclosed or that may affect the questioner.
or compromise the questioner's privacy, and the like.
Thirteenth: avoid haste in fatwa and refrain if the right view is unclear.
Chiefly
In novel cases that should be fully researched.
and seek help from scholars and from what scholarly councils issue.
Fourteenth: the mufti must avoid answers harmful to society and unity...
and refrain from issuing fatwa in times of turmoil and unrest.
and changing conditions, only after the situation is known to the
authority.
Fifteenth: the mufti should ensure he begins with himself in every
good, and keeps away from all he warns against; that is more likely
so his words are accepted and his knowledge trusted.
He must train himself to retract an error if it is clear.
to him, and publish that as widely as his previous fatwa spread.
The sixteenth point: Protecting the asker's privacy rights.
Do not publish a fatwa that mentions the asker's name.
Nor anything indicating who he is by a title or a specific incident.
Seventeenth: not taking payment from those who seek his fatwas.
But taking it from the ruler.
There is no objection to that. The eighteenth.
The digital mufti should be good at handling these modern devices.
So he should be proficient and seek help.
With experts. As for the second section.
It is the ethics that concern the questioner, in summary.
In summary: first, ask scholars about what is unclear.
And seek out a mufti who deserves that title.
Secondly, diligence in seeking out the mufti most qualified to give fatwa.
And clarity and complete explanation.
And not concealing what must be explained in his inquiry.
Also, avoiding fatwas meant to test, harm the mufti, or track.
and pitting opinions against each other.
or tracking scholars' fatwas and pitting some against others.
or trick questions and the like.
Fifth: Refraining from asking about what has not happened till it does.
Sixth: understanding the answer properly.
And avoid rushing to leave the site before that is confirmed.
Also, knowing.
the rank of his mufti, honoring and revering him.
And also fear Allah ﷻ.
Do not alter the mufti's fatwa when wishing to publish it.
As for the recommendations reached by this paper,
They are to adopt official websites under committees' supervision.
Licensed by the state to issue fatwas.
Also, issuing digital licenses to bodies authorized to issue fatwas
and blocking unknown websites and those of doubtful credibility.
Also, establish specialized committees skilled in communication via websites.
and be of help to the mufti in conveying his fatwa.
Also, in tech and fatwa digitization, it is vital to find perceptive muftis.
To that end, help may be sought
with experts in psychology and politics.
Also.
Defining the framework in which the fatwa operates.
Namely, what can be answered through the digital space, to avoid.
Questions that address matters of widespread public concern.
It also includes limiting fatwa to a framework for action and application.
Nor should the door be left open.
To answer everything the questioner wishes to ask.
And also the need to distinguish between judicial fatwas and others.
Another recommendation is to add an appendix to the fatwas.
showing the fatwa's main conditions as they apply to the questioner's case.
Those constraints may also concern a country's or body's terms and dialects.
where the fatwa request came from.
While in other regions that term or dialect
may mean something else.
Also, fatwas should be restricted to the conditions stated in the query.
And taking into account which fatwas can be published and which cannot.
Also, one of the biggest problems related to fatwa digitization.
is the mufti's need to inquire about determinative facts.
to formulate the fatwa precisely.
One recommendation is to form committees by region or continent.
to aid in drafting the fatwa.
And considering the fiqh madhhabs of the regions the question comes from.
Another recommendation is to issue the fatwa as an image or PDF.
to avoid issues with changes in
letters or symbols on the screen.
Also, employing language editors with sufficient Sharia competence.
And using translators when needed with sufficient Sharia qualification.
Also, engage tech developers who are abreast of huge tech advances.
They help renew the operating methods of fatwa websites.
And seeking the help of specialists proficient in cybersecurity.
Among the recommendations is linking the written digital fatwa
to the audio or visual fatwa to avoid any confusion
when understanding the fatwa.
Also, stopping the frantic race among bodies to create platforms.
where no scholars are known to be giving fatwas.
who are authorized by the ruler.
This is what I could summarize. Allah knows best and is Most Wise.
May Allah bless and grant peace to our Prophet Muhammad ﷺ.
[Birds chirping.]