1 00:00:10,360 --> 00:00:11,436 Praise be to Allah. 2 00:00:11,520 --> 00:00:15,870 Peace and blessings on His Messenger ﷺ, his family, Sahabah (RA), and followers. 3 00:00:15,954 --> 00:00:20,640 To proceed, I thank Allah ﷻ for His grace and facilitation. 4 00:00:20,724 --> 00:00:24,600 I extend my sincere thanks to the Custodian of the Two Holy Mosques. 5 00:00:26,240 --> 00:00:29,900 They graciously approved holding this blessed symposium. 6 00:00:25,160 --> 00:00:26,160 I also thank the trustworthy Crown Prince. 7 00:00:29,910 --> 00:00:35,800 I ask Allah ﷻ to make it fruitful and achieve its goals. 8 00:00:35,920 --> 00:00:42,480 Thanks also to the religious affairs chief for his efforts and follow-up. 9 00:00:42,564 --> 00:00:48,620 Thanks also to the sponsors and organizers of this symposium. 10 00:00:48,704 --> 00:00:53,600 I ask Allah ﷻ to grant everyone success in all good. 11 00:00:54,140 --> 00:01:00,065 It is an honor to offer this modest paper before our esteemed scholars. 12 00:01:01,230 --> 00:01:06,020 I ask Allah ﷻ for guidance and success. 13 00:01:09,260 --> 00:01:16,680 This paper comprised an introduction, a preface, two sections, and a conclusion. 14 00:01:17,580 --> 00:01:22,040 In the preface, I mentioned the status of fatwa. 15 00:01:23,040 --> 00:01:26,960 I also mentioned the mufti's qualities as stated by scholars. 16 00:01:27,980 --> 00:01:40,480 Then, in section one, I gave ten fatwa guidelines for the Haramain. 17 00:01:42,020 --> 00:01:49,120 In section two, I mentioned the mufti's qualities in the Haramain. 18 00:01:50,140 --> 00:01:56,800 I also mentioned ten guidelines related to him. 19 00:01:57,660 --> 00:02:07,900 Then came the conclusion, which included six recommendations. 20 00:02:08,780 --> 00:02:11,940 I then added four more to make ten. 21 00:02:12,740 --> 00:02:16,090 That way, it would follow one pattern and become a ten-point paper. 22 00:02:16,860 --> 00:02:19,820 I will skip the preface. 23 00:02:20,880 --> 00:02:30,840 As I said, it addressed fatwas' status, the mufti's traits, and scholars' views. 24 00:02:32,480 --> 00:02:40,700 The first section, on fatwa guidelines in the Two Holy Mosques, matters greatly. 25 00:02:42,340 --> 00:02:48,780 Fatwas there gain importance from the sanctity of the place. 26 00:02:50,380 --> 00:02:59,000 The Two Holy Mosques draw Muslims' hearts and are the goal of journeys for worship. 27 00:03:00,100 --> 00:03:03,560 This shows the importance of caution and care in fatwas there. 28 00:03:04,620 --> 00:03:11,860 The mufti receives many inquirers from many different places. 29 00:03:12,760 --> 00:03:16,680 He does not know them or reach them later after they receive the fatwa. 30 00:03:16,764 --> 00:03:22,200 If the mufti misreads the question or gives a poor answer, follow-up is hard. 31 00:03:22,284 --> 00:03:27,100 He may not find the questioner again to correct the answer and the fatwa. 32 00:03:29,500 --> 00:03:31,120 Among those guidelines 33 00:03:32,380 --> 00:03:36,020 is this: Fatwas and answers to questioners must be grounded in proof. 34 00:03:36,656 --> 00:03:37,536 That proof comes from the Qur'an and Sunnah. 35 00:03:37,620 --> 00:03:40,640 This shows questioners that fatwas there rest on legal evidence. 36 00:03:40,724 --> 00:03:43,549 In the Two Holy Mosques, that evidence is carefully observed. 37 00:03:43,633 --> 00:03:45,966 The muftis there also strive to identify the strongest view. 38 00:03:51,400 --> 00:03:54,800 They assess disputed issues through the revealed texts. 39 00:03:55,180 --> 00:03:58,600 They adopt the soundest view, without bias toward any school. 40 00:04:01,560 --> 00:04:04,070 Ibn al-Qayyim, may Allah have mercy on him, said the following. 41 00:04:04,154 --> 00:04:06,080 "The mufti should mention the ruling's evidence. 42 00:04:06,164 --> 00:04:07,840 He should also mention the basis for it, when possible. 43 00:04:09,120 --> 00:04:12,440 And not give the questioner a bare ruling without proof." 44 00:04:13,686 --> 00:04:14,519 And so on. 45 00:04:14,603 --> 00:04:17,311 The second guideline is moderation, balance, and ease. 46 00:04:17,395 --> 00:04:17,975 It also means lifting hardship. 47 00:04:19,959 --> 00:04:23,680 It also means avoiding severity, laxity, excess, and neglect. 48 00:04:23,960 --> 00:04:27,980 This is the way of Islam: "We made you a middle nation." 49 00:04:28,460 --> 00:04:32,450 And Allah ﷻ says, "Allah intends ease for you and does not intend hardship for you." 50 00:04:33,160 --> 00:04:34,358 Abu Hurayrah narrated this. 51 00:04:34,442 --> 00:04:35,336 "Religion is ease. 52 00:04:35,420 --> 00:04:38,010 Whoever makes it hard is overcome, so stay on course and do your best." 53 00:04:38,960 --> 00:04:41,340 Al-Shatibi said this. 54 00:04:42,040 --> 00:04:47,490 "The highest-ranking mufti guides people to the middle way. 55 00:04:47,574 --> 00:04:50,496 It is suited to the general public, as commonly understood. 56 00:04:50,580 --> 00:04:55,010 without leading them to severity or inclining them to laxity." 57 00:04:55,980 --> 00:04:58,360 And so on. 58 00:04:59,340 --> 00:05:00,400 The third guideline. 59 00:05:01,400 --> 00:05:08,940 Fatwas should consider time and place, as customs, norms, and conditions vary. 60 00:05:10,480 --> 00:05:23,080 Here, some rulings depend on custom, so fatwas change as it changes. 61 00:05:23,940 --> 00:05:33,476 Whoever ignores this and relies on old book examples runs into problems. 62 00:05:33,560 --> 00:05:39,640 That can violate the case's legal ruling and bring hardship Islam lifted. 63 00:05:41,960 --> 00:05:45,913 Ibn al-Qayyim, may Allah ﷻ have mercy on him, said this. 64 00:05:45,997 --> 00:05:56,088 "Book-based fatwas in differing contexts send both mufti and people astray." 65 00:05:56,172 --> 00:06:04,440 "Their harm to faith is worse than a doctor using one text on varied bodies." 66 00:06:04,940 --> 00:06:12,220 "Indeed, an ignorant doctor and mufti harm people in faith and body." 67 00:06:13,920 --> 00:06:17,640 Al-Qarafi and Ibn Abidin affirmed this. Ibn Abidin said this. 68 00:06:17,724 --> 00:06:23,180 "Many rulings fit the mujtahid's own time, so they change as times change." 69 00:06:23,860 --> 00:06:31,600 "This may be due to necessity or decay; otherwise it burdens and harms people." 70 00:06:33,240 --> 00:06:41,460 The fourth guideline is that fatwas there should stress core beliefs and aims. 71 00:06:42,180 --> 00:06:45,780 This includes tawhid and sincere devotion to Allah ﷻ. 72 00:06:45,920 --> 00:06:49,240 It also means venerating His rites and serving the common good. 73 00:06:49,880 --> 00:06:51,980 It also urges people to remain with the community. 74 00:06:52,540 --> 00:06:54,380 It also means obeying those in authority. 75 00:06:54,900 --> 00:06:57,660 It also means avoiding innovation, division, and deviance. 76 00:06:58,280 --> 00:07:02,040 It also shows the wisdom of legislation, Islam's tolerance, and the Sharia's ease. 77 00:07:03,820 --> 00:07:10,480 The fifth guideline: do not answer questions on state or internal affairs. 78 00:07:11,140 --> 00:07:18,140 Avoid what stirs discord, fanaticism, and tribal partisanship. 79 00:07:18,780 --> 00:07:22,980 Be wary of anything that causes division, enmity, and conflict among Muslims. 80 00:07:24,000 --> 00:07:30,080 Abu Hurayrah (RA) said, "I kept two vessels from the Prophet ﷺ." 81 00:07:30,164 --> 00:07:34,960 "One I disclosed. The other would cost me my life." 82 00:07:36,640 --> 00:07:45,420 Imam Malik said, "A scholar is undone by answering anyone who approaches him." 83 00:07:46,240 --> 00:07:52,176 A man asked, but Malik did not reply. He said, "Abu Abdullah, won't you reply?" 84 00:07:52,260 --> 00:07:58,180 "Had you asked what helps you, or what you need for faith, I'd answer." 85 00:08:00,100 --> 00:08:05,380 The sixth guideline is to consider consequences in acts and fatwas. 86 00:08:05,464 --> 00:08:16,220 This is a major, delicate field. A fatwa is not mere literalism. 87 00:08:16,304 --> 00:08:17,137 Nor is it simply applying a text to a case. 88 00:08:17,221 --> 00:08:22,656 Rather, it must consider its consequences, and the benefits gained and harms averted. 89 00:08:22,740 --> 00:08:24,460 It must weigh them when they conflict. 90 00:08:25,040 --> 00:08:30,120 This includes the Sharia's objectives, and the rule of blocking and opening means. 91 00:08:30,600 --> 00:08:33,249 It also means taking the Sharia's ease, removing hardship and preventing harm. 92 00:08:33,760 --> 00:08:39,720 It also means tailoring the ruling to the asker's case and related issues. 93 00:08:39,820 --> 00:08:44,380 The legal proofs confirm this principle. 94 00:08:45,660 --> 00:08:48,880 The scholars affirmed this as well. Al-Shatibi mentioned it too. 95 00:08:49,220 --> 00:08:52,900 He listed two traits. 96 00:08:52,984 --> 00:08:54,075 The first trait. 97 00:08:54,159 --> 00:08:56,020 The answer must fit the person's own case. 98 00:08:56,104 --> 00:09:01,180 This is when the issue has a ruling specific to him. 99 00:09:01,660 --> 00:09:07,080 Second: he considers outcomes before answering questions. 100 00:09:08,860 --> 00:09:11,220 The seventh guideline is to unify, as far as possible, the fatwas. 101 00:09:11,304 --> 00:09:16,610 This applies to ijtihadi issues often asked in the Two Holy Mosques. 102 00:09:17,300 --> 00:09:20,280 The purpose is to prevent confusion for questioners. When answers differ. 103 00:09:20,364 --> 00:09:23,400 To achieve that, I propose consultative scholarly meetings. 104 00:09:24,094 --> 00:09:27,900 These would be held by the Presidency of Religious Affairs in the two Mosques. 105 00:09:31,140 --> 00:09:34,760 They would gather those who issue fatwas and answer questioners. 106 00:09:34,844 --> 00:09:35,940 The goal would be to unify fatwas. 107 00:09:36,024 --> 00:09:36,913 Or at least reduce disagreement. 108 00:09:36,997 --> 00:09:39,239 This concerns ijtihadi issues frequently asked about there. 109 00:09:39,800 --> 00:09:42,290 There, muftis may give different answers to questioners. 110 00:09:42,880 --> 00:09:45,680 These meetings should be held regularly, at least twice a year. 111 00:09:45,764 --> 00:09:50,340 With senior scholars and members of the Permanent Fatwa Committee. 112 00:09:50,424 --> 00:09:52,920 The issues should be identified, and research presented. 113 00:09:53,420 --> 00:09:58,780 Then conclusions should be reached to bring views closer. 114 00:09:59,540 --> 00:10:02,007 The eighth guideline is caution with written fatwas. 115 00:10:02,091 --> 00:10:03,940 The same caution applies to recorded ones as well. 116 00:10:04,024 --> 00:10:05,220 They should be avoided. 117 00:10:07,580 --> 00:10:11,760 Fatwas there often depend on the asker's own circumstances. 118 00:10:11,844 --> 00:10:13,340 They also depend on time and place. 119 00:10:13,980 --> 00:10:18,100 If written down or recorded, they may be taken out of context. 120 00:10:18,184 --> 00:10:19,940 They may also be applied to cases that do not fit. 121 00:10:20,600 --> 00:10:22,880 They may even be exploited for disgraceful purposes. 122 00:10:22,964 --> 00:10:25,309 That can cause problems for the mufti and his country. 123 00:10:25,680 --> 00:10:29,079 Therefore, the mufti should answer the questioner directly. 124 00:10:29,163 --> 00:10:34,360 He should not allow the answer to be recorded. And he should not write it down. 125 00:10:34,444 --> 00:10:37,600 That could be exploited for improper purposes. 126 00:10:37,980 --> 00:10:42,300 There are specialized bodies for writing fatwas. 127 00:10:42,980 --> 00:10:47,300 The ninth guideline is to avoid aberrant and weak views. 128 00:10:47,520 --> 00:10:49,780 No fatwas should oppose scholarly consensus. 129 00:10:49,864 --> 00:10:52,216 Nor should they oppose the rulings of fiqh councils. 130 00:10:52,300 --> 00:10:57,240 Nor should they oppose the rulings of the Council of Senior Scholars. 131 00:11:00,460 --> 00:11:05,260 The tenth is to avoid fatwas in disputes needing judicial review. 132 00:11:05,360 --> 00:11:10,060 Likewise, in divorce cases that require hearing both sides. 133 00:11:10,780 --> 00:11:16,932 After that, I mentioned the mufti's qualities and guidelines. 134 00:11:17,016 --> 00:11:24,980 I then mentioned some recommendations, some were already included. 135 00:11:25,064 --> 00:11:26,980 Another recommendation not included in the paper is this. 136 00:11:27,720 --> 00:11:30,179 I call for an interactive, multilingual digital platform. 137 00:11:30,263 --> 00:11:34,356 It should guide questioners in the Two Holy Mosques. 138 00:11:34,440 --> 00:11:37,840 Its links should appear on Hajj and Umrah platforms, like the Ministry of Hajj. 139 00:11:38,440 --> 00:11:39,676 Attention should also be given to non-Arabic questioners. 140 00:11:39,760 --> 00:11:43,200 Their questions should be answered with suitable care. 141 00:11:43,780 --> 00:11:48,900 Tools for live translation should also be used. 142 00:11:49,460 --> 00:11:52,940 There are more recommendations as well, and I ask Allah ﷻ to grant success to all. 143 00:11:53,780 --> 00:11:56,060 May Allah send peace and blessings upon our Prophet Muhammad ﷺ. 144 00:11:56,144 --> 00:11:57,330 Thank you to the session chair. 145 00:11:58,400 --> 00:12:05,210 [Birds chirping]