Question
Assalaamualaikum
Respected Ulama at Darul Ifta /Madrassah Miftahul Falaah, Port Shepstone
In a letter to the Supreme Court of Pakistan, on 11 January 2022, the Jamiatul Ulama South Africa wrote the following footnote:
“The fatwa [religious decrees] issued by the Jamiatul Ulama South Africa are considered to be authoritative and binding upon the Muslim Community. It is also the founder member of the United Ulama Council
which is a national body representing all major Muslim theological bodies in the country.”
I’d like to ask:
°Are the Fatawa from the Jamiat binding on all Islamic institutes in South Africa, including your institute?
° What is the consequence of not following this binding Fatwa, whether on an institute or individual?
Your answer will bring great clarity Insha Allah.
Jazakumullah,
Answer
1.The Fatwa of a Mufti or Jamiat is not binding. The judgement of a Qaadhi is binding but the fatwa of a Mufti is not Mulzim (binding).
2.If one finds the fatwa to be irregular i.e not in accordance with the Quraan and Sunnah then there is no consequence in not adhering to the fatwa.
And Allah Ta`ala knows best
Answered by: Mufti Yacoob Vally