1 00:00:08,420 --> 00:00:11,000 Peace be upon you, and Allah's mercy and blessings. 2 00:00:12,180 --> 00:00:14,076 All praise is for Allah, Lord of the worlds. 3 00:00:14,160 --> 00:00:17,016 And the most perfect, most complete prayers and peace. 4 00:00:17,100 --> 00:00:19,160 Be upon the one sent as a mercy to all worlds. 5 00:00:20,140 --> 00:00:24,040 And upon his family and all his companions. Now then. 6 00:00:25,240 --> 00:00:30,280 We praise Allah ﷻ that He made our homeland, Saudi Arabia. 7 00:00:31,240 --> 00:00:33,640 Home to the two holy Haramain. 8 00:00:34,840 --> 00:00:40,660 And made our noble kings forsake honorific titles. 9 00:00:41,680 --> 00:00:45,020 And accept the title, Custodian of the Two Haramain. 10 00:00:46,180 --> 00:00:54,460 And made all in our land take pride in what is offered to the Haramain. 11 00:00:55,520 --> 00:01:02,540 We praise Allah that our homeland, Saudi Arabia, is the age's jewel. 12 00:01:03,620 --> 00:01:06,600 Without disparaging other lands. 13 00:01:07,820 --> 00:01:12,750 And every Muslim must know this homeland's rights. 14 00:01:13,800 --> 00:01:19,420 And realize that defending it is jihad in the path of Allah. 15 00:01:19,520 --> 00:01:22,260 And part of preserving Islam. 16 00:01:23,420 --> 00:01:31,020 And realize that knowing what is due to our senior scholars 17 00:01:32,060 --> 00:01:35,380 in our land, Saudi Arabia is an obligation. 18 00:01:37,040 --> 00:01:39,360 Their merit should be recognized. 19 00:01:40,260 --> 00:01:45,580 Their knowledge should be spread and their path should be followed. 20 00:01:46,740 --> 00:01:53,376 This seminar is only part of our rulers' concern. 21 00:01:53,460 --> 00:01:57,930 and of our scholars and those in charge of the Religious Affairs Presidency. 22 00:01:58,640 --> 00:02:04,016 Led by H.E. Shaykh Prof. Dr. Abdul Rahman Al-Sudais. 23 00:02:04,100 --> 00:02:09,520 to provide Sharia facilitation for visitors to the Haramain. 24 00:02:10,280 --> 00:02:14,036 I am honored to take part in its work. 25 00:02:14,120 --> 00:02:18,576 with a scholarly paper on applying Sharia objectives. 26 00:02:18,660 --> 00:02:21,380 in ifta for female visitors to the Prophet's Mosque. 27 00:02:22,320 --> 00:02:24,980 I structured the paper in four sections. 28 00:02:25,880 --> 00:02:30,960 The first concerns fatwa and its importance in general. 29 00:02:31,520 --> 00:02:36,910 especially in the Haramain. The second concerns Sharia objectives. 30 00:02:37,780 --> 00:02:43,980 The third concerns the link between fatwa and Sharia objectives. 31 00:02:44,800 --> 00:02:49,940 The fourth section covers the key objectives shaping 32 00:02:50,640 --> 00:02:53,220 fatwas for female visitors to the Prophet's Mosque. 33 00:02:53,900 --> 00:03:00,576 Esteemed scholars, there is no doubt fatwa is vital in conveying the religion. 34 00:03:00,660 --> 00:03:03,020 It also guides believing women and men. 35 00:03:04,060 --> 00:03:07,596 Those qualified for it sign on behalf of the Lord of the worlds. 36 00:03:07,680 --> 00:03:12,980 They also do some of the work of the prophets and messengers AS. 37 00:03:13,740 --> 00:03:19,500 For fatwa is informing others of a nonbinding Sharia ruling. 38 00:03:20,360 --> 00:03:23,760 And the mufti is the one who informs of a Sharia ruling. 39 00:03:24,720 --> 00:03:32,360 And the questioner is one asking about a Sharia ruling or needs to know it. 40 00:03:33,380 --> 00:03:39,340 Because of its noble rank and seriousness, and its great impact. 41 00:03:40,060 --> 00:03:44,280 The mufti must, for his own sake, exercise caution in it. 42 00:03:46,080 --> 00:03:52,726 In ifta, he should follow the path of the Messenger of Allah ﷺ. 43 00:03:52,810 --> 00:03:59,896 and the way of the Companions (RA), and weigh people by the Sharia scale. 44 00:03:59,980 --> 00:04:04,600 What Allah wants from them, and what is good for them. 45 00:04:04,720 --> 00:04:10,180 not by what pleases them or their wishes. He should be cautious when issuing fatwas. 46 00:04:10,880 --> 00:04:16,740 Be calm and composed. Avoid issuing fatwas when preoccupied. 47 00:04:17,640 --> 00:04:19,860 Listen well to the questioner. 48 00:04:20,720 --> 00:04:25,500 Do not rush to answer until the questioner finishes. 49 00:04:26,180 --> 00:04:30,360 unless the matter asked about is already known to him beforehand. 50 00:04:31,900 --> 00:04:37,936 Perhaps a word at the end of the question changes its meaning. 51 00:04:38,020 --> 00:04:44,740 and thus change the answer. Ask for details if the question needs it. 52 00:04:45,440 --> 00:04:52,580 If the question involves custom, in wording or in practice. 53 00:04:53,320 --> 00:04:57,920 Then he should ask about the questioner's customary usage. 54 00:04:58,780 --> 00:05:03,090 This matter is very important in our topic. 55 00:05:03,740 --> 00:05:06,270 I mean fatwa in the Haramain. 56 00:05:07,000 --> 00:05:12,900 Because those seeking fatwa in the Haramain come from different countries. 57 00:05:13,020 --> 00:05:18,876 They have varied cultures and different customs. 58 00:05:18,960 --> 00:05:28,100 So if a question contains wording tied to custom, the mufti should ask. 59 00:05:29,020 --> 00:05:33,300 the questioner what this word means for them. 60 00:05:34,200 --> 00:05:37,380 And if the matter relates to customary practice. 61 00:05:37,960 --> 00:05:41,500 Then he should ask about their customs. 62 00:05:45,960 --> 00:05:52,336 Also among the very important matters, especially in our topic. 63 00:05:52,420 --> 00:05:57,800 The mufti must avoid laxity in fatwa. 64 00:05:58,720 --> 00:06:03,320 Laxity in fatwa is forbidden by scholarly consensus. 65 00:06:04,000 --> 00:06:10,244 Rather, whoever is known for laxity in fatwa. 66 00:06:10,384 --> 00:06:14,184 That disqualifies him from the office of ifta. 67 00:06:14,284 --> 00:06:17,544 Al-Sam'ani RH said in Al-Qawati' about the mufti: 68 00:06:18,224 --> 00:06:21,283 A mufti must guard himself against undue leniency. 69 00:06:21,984 --> 00:06:25,964 Firm enough to avoid concessions outside the lawful way. 70 00:06:26,064 --> 00:06:32,464 until he manifests Allah ﷻ's religion and fulfills his asker's right. 71 00:06:33,104 --> 00:06:39,544 Ibn al-Salah RH said: a mufti may not be lax in giving fatwas. 72 00:06:40,264 --> 00:06:46,084 Whoever is known for that must never be consulted for fatwas. 73 00:06:47,044 --> 00:06:52,004 The scholars' statements on this are very numerous. 74 00:06:52,904 --> 00:06:58,264 And this matter—I mean the danger of laxity in fatwa. 75 00:06:59,164 --> 00:07:03,064 This often occurs in what is called activating the objectives of Sharia. 76 00:07:03,744 --> 00:07:10,364 For we have found people who want to set the objectives against the texts. 77 00:07:11,064 --> 00:07:15,480 They call the fiqh of texts traditional fiqh. 78 00:07:15,564 --> 00:07:18,860 And they call the fiqh of objectives objective-based fiqh. 79 00:07:18,944 --> 00:07:22,864 By Allah, by Allah, whoever separates fiqh from the objectives. 80 00:07:23,544 --> 00:07:29,464 Rather, our imams in their fatwas observed the objectives of Sharia. 81 00:07:30,284 --> 00:07:37,564 And our scholars to this day still observe the objectives of Sharia. 82 00:07:39,004 --> 00:07:41,604 At the same time. 83 00:07:42,324 --> 00:07:47,384 The mufti must not make caution his basic rule. 84 00:07:48,124 --> 00:07:52,784 So that he leads the questioner to the stricter view, out of caution. 85 00:07:53,444 --> 00:07:55,484 For caution is not the rule. 86 00:07:56,184 --> 00:08:04,523 Rather, he directs the questioner to lawful ease within Sharia's rules. 87 00:08:05,604 --> 00:08:13,260 The objectives of Sharia are wise, noble ends that Allah ﷻ intended. 88 00:08:13,344 --> 00:08:17,904 from legislation in general and in particular, to worship Him. 89 00:08:18,664 --> 00:08:22,344 and the betterment of people in this life and the Hereafter. 90 00:08:22,944 --> 00:08:28,304 Our Lord Allah ﷻ is Wise and All-Knowing; He acts only with wisdom. 91 00:08:28,924 --> 00:08:33,864 And He legislates nothing except with wisdom, Allah ﷻ. 92 00:08:34,544 --> 00:08:39,884 The jurist should note the meaning with the wording. 93 00:08:40,504 --> 00:08:43,004 and the intended wisdom. 94 00:08:44,944 --> 00:08:49,524 The objectives must be known through a sound method. 95 00:08:50,224 --> 00:08:54,660 and established through sound proof from the Quran and Sunnah. 96 00:08:54,744 --> 00:08:59,544 and from ijma, the Companions' reports, and sound induction. 97 00:08:59,904 --> 00:09:03,824 The objectives, when applied, must be free of what invalidates them. 98 00:09:04,304 --> 00:09:10,244 What invalidates them is their contradicting the text. 99 00:09:10,784 --> 00:09:16,524 By Allah, then by Allah, Sharia objectives cannot oppose the text. 100 00:09:16,934 --> 00:09:19,084 How, when the text is Allah's revelation? 101 00:09:19,704 --> 00:09:24,600 And the Sharia objective is what Allah ﷻ intends. 102 00:09:24,684 --> 00:09:28,064 How, then, could the two ever contradict? 103 00:09:29,724 --> 00:09:36,144 We have found people regarding the objectives in three camps. 104 00:09:36,744 --> 00:09:40,384 One side neglects the objectives and does not consider them. 105 00:09:41,244 --> 00:09:44,464 Another side applies them in the wrong way. 106 00:09:45,104 --> 00:09:49,784 The middle path looks to what Allah ﷻ intends. 107 00:09:50,744 --> 00:09:54,164 It fears Allah ﷻ in its consideration. 108 00:09:54,264 --> 00:10:01,420 It applies the objectives in understanding texts and rulings from them. 109 00:10:01,504 --> 00:10:06,994 There is no doubt the objectives are deeply tied to fatwa and fiqh. 110 00:10:07,824 --> 00:10:13,284 Shaykh al-Islam Ibn Taymiyyah RH said. 111 00:10:15,764 --> 00:10:22,444 The Prophet ﷺ used to consider the objectives. 112 00:10:23,364 --> 00:10:28,544 Ibn Taymiyyah RH mentioned many incidents, then said: 113 00:10:28,784 --> 00:10:34,424 This shows that the objectives are considered in adherence. 114 00:10:35,304 --> 00:10:39,024 The objectives affect understanding the texts. 115 00:10:39,124 --> 00:10:43,044 The objectives affect fiqh. 116 00:10:43,144 --> 00:10:46,764 The objectives affect adherence. 117 00:10:47,414 --> 00:10:55,564 Scholars have cited many texts related to this. 118 00:10:56,504 --> 00:11:04,804 Al-Subki RH said in Al-Ibhaj on the full rank of ijtihad. 119 00:11:04,904 --> 00:11:08,584 that it depends on three things. He then said: The third. 120 00:11:09,124 --> 00:11:16,344 that through practice and study of Sharia objectives, he gains strength. 121 00:11:17,024 --> 00:11:20,644 through which he understands what Sharia intends by it. 122 00:11:20,744 --> 00:11:25,200 and what ruling is suitable for that case. 123 00:11:25,284 --> 00:11:29,244 even if it was not explicitly stated. 124 00:11:29,824 --> 00:11:37,240 Al-Shatibi RH said: ijtihad is attained by one with two qualities: 125 00:11:37,324 --> 00:11:41,040 First: understanding the objectives of Sharia in their fullness. 126 00:11:41,124 --> 00:11:46,554 Second: the ability to derive rulings based on understanding them. 127 00:11:47,164 --> 00:11:52,064 Imam al-Sa'di RH also said: As for fatwa... 128 00:11:52,764 --> 00:11:54,764 Fatwas also consider stronger views. 129 00:11:55,284 --> 00:11:58,624 So too, the circumstances of the time are considered. 130 00:11:59,144 --> 00:12:04,524 as are people's practices, public interests, and blocking harms. 131 00:12:05,004 --> 00:12:11,604 Reality and actual cases show the greatest objective at work. 132 00:12:12,544 --> 00:12:20,536 The main objective in fatwas for women visitors is legal ease. 133 00:12:21,296 --> 00:12:26,716 The whole religion is ease. But one may face a circumstance. 134 00:12:27,676 --> 00:12:32,332 It can make what is easy hard, and Sharia takes that into account. 135 00:12:32,416 --> 00:12:36,212 Hence the maxim arose. Hardship brings ease. 136 00:12:36,296 --> 00:12:41,636 If a matter becomes constrained, it is widened; if wide, narrowed. 137 00:12:42,436 --> 00:12:48,992 Ease for women visitors may take this form. 138 00:12:49,076 --> 00:12:55,046 She is given a fatwa in Madinah before she leaves this land. 139 00:12:55,756 --> 00:13:00,116 She may do something that requires her to return to Makkah. 140 00:13:01,036 --> 00:13:03,252 Her Umrah is invalid without doing so. 141 00:13:03,336 --> 00:13:05,572 Or her Hajj is invalid without doing so. 142 00:13:05,656 --> 00:13:11,226 So when she is given a fatwa that she must complete this in Medina. 143 00:13:12,056 --> 00:13:13,986 Then this makes it easier for her. 144 00:13:14,416 --> 00:13:17,832 Because if she returned home and was stranded there. 145 00:13:17,916 --> 00:13:24,556 Then she was told her Umrah or Hajj would not be valid unless she returned. 146 00:13:25,256 --> 00:13:28,656 And if she could not return, she would face great hardship. 147 00:13:29,396 --> 00:13:35,916 Since applications have their own focus, I will mention only two examples. 148 00:13:36,516 --> 00:13:39,636 One concerns the Sacred Mosque. 149 00:13:40,226 --> 00:13:47,616 If a woman came from a distant country intending Umrah or Hajj. 150 00:13:48,156 --> 00:13:53,616 Before her Umrah tawaf or tawaf al-Ifadah, her period came. 151 00:13:54,176 --> 00:13:57,396 and she could not remain in Mecca. 152 00:13:58,196 --> 00:14:01,736 Nor could she return after leaving. 153 00:14:02,576 --> 00:14:05,516 And she could not stop the bleeding. 154 00:14:06,156 --> 00:14:10,592 And there remained four possibilities. 155 00:14:10,676 --> 00:14:14,612 The first possibility is to tell her that she is prevented. 156 00:14:14,696 --> 00:14:17,456 and that she exits ihram as a prevented pilgrim does. 157 00:14:18,236 --> 00:14:23,796 She would miss Umrah and Hajj. Such hardship is rejected by Sharia. 158 00:14:25,036 --> 00:14:27,236 The second possibility is to tell her. 159 00:14:27,836 --> 00:14:30,712 that she return to her country as she is. 160 00:14:30,796 --> 00:14:35,812 and remain forbidden to her husband for the rest of her life. 161 00:14:35,896 --> 00:14:38,235 Such hardship is rejected by Sharia. 162 00:14:38,876 --> 00:14:43,132 The third possibility is to tell her. 163 00:14:43,216 --> 00:14:49,576 that she stay in Makkah and not return to her country. And this too is hardship. 164 00:14:50,876 --> 00:14:52,112 Only Allah knows its extent. 165 00:14:52,196 --> 00:14:59,292 Al-Nawawi noted that leaving home and being far from it is a great hardship. 166 00:14:59,376 --> 00:15:02,692 That is for men. So what about women? 167 00:15:02,776 --> 00:15:08,976 The fourth possibility remains: that she fear Allah and take precautions. 168 00:15:09,596 --> 00:15:17,216 And do her tawaf. This was held by Ibn Taymiyyah and Ibn al-Qayyim RH. 169 00:15:17,356 --> 00:15:23,512 The Permanent Committee gave this fatwa. It was set out brilliantly, as usual. 170 00:15:23,596 --> 00:15:27,235 By the jurist of his age: Shaykh Ibn Uthaymeen RH. 171 00:15:28,236 --> 00:15:34,132 I end with the second example. Sorry for length: on the Prophet's Mosque. 172 00:15:34,216 --> 00:15:36,952 Suppose a woman came from far away. 173 00:15:37,036 --> 00:15:42,121 Longing to enter the Mosque of the Messenger of Allah ﷺ. 174 00:15:42,205 --> 00:15:48,496 This was her only chance, and it had come. When she reached Madinah, her period came. 175 00:15:49,016 --> 00:15:54,656 And she knows the bleeding will not stop till after she leaves. 176 00:15:55,396 --> 00:15:58,096 And she cannot stop the bleeding. 177 00:15:58,876 --> 00:16:04,876 It may then be permitted for her to enter the mosque without praying. 178 00:16:05,696 --> 00:16:09,616 Since the issue is disputed. 179 00:16:10,356 --> 00:16:15,916 And because barring her would cause severe hardship and difficulty. 180 00:16:16,536 --> 00:16:21,216 Allah ﷻ intends ease for us and does not intend hardship for us. 181 00:16:21,376 --> 00:16:27,096 As some scholars said, the reason for barring a menstruating woman. 182 00:16:27,836 --> 00:16:30,116 from entering the mosque for the mosque's sake. 183 00:16:30,756 --> 00:16:37,696 And here she poses no risk if she keeps the mosque from being soiled. 184 00:16:38,656 --> 00:16:42,976 These are maqasid-based reflections on such issues. 185 00:16:43,416 --> 00:16:51,272 I ask Allah ﷻ to reward those who oversee the Haramain. 186 00:16:51,356 --> 00:16:55,872 And I ask Him to grant the best reward to those who give fatwas there. 187 00:16:55,956 --> 00:16:59,592 I thank the esteemed session chair and apologize for the length. 188 00:16:59,676 --> 00:17:02,916 And Allah ﷻ knows best, and may He bless and grant peace to our Prophet ﷺ.