This took the fatwa at various stages of our jurisprudential heritage to be devoid of the spiritual or educational aspect, or the link between the fatwa and education in all its fields, despite some attempts to link education and fatwa in our jurisprudential heritage. The estrangement or separation between them has increased in contemporary jurisprudence, but it is remarkable that in the jurisprudential discourse in the last 100 years, some jurists began to pay attention to this aspect, so the fatwa does not stop at mentioning the jurisprudential opinion, or answering the question only.
In order to be scientifically accurate, the separation between fatwa and education is not a general phenomenon in contemporary jurisprudential discourse, but rather it is absent among jurists, and it is found in others, and those who are present with them are not in every context who call or invoke the educational goal in the fatwa, but it exists in some way, expands for some, and narrows for others. Let us give some examples of its existence, albeit to some degree, and analyze what is behind this trend among some contemporary jurists.
Hassanein Makhlouf and the trade-off between the blind and the sighted
Among the authors of fatwas, who meant to take the fatwa as an educational means, Sheikh Hassanein Makhlouf, the former Mufti of Egypt, may God have mercy on him, and his fatwas in two parts in one volume. He was asked (may Allah have mercy on him): Which of the two men is better in the sight of Allah, may He be exalted, a blind pious person who does not see evil things with his eyes, or a pious person who sees them and strives for themselves in them? He replied, having shown God's wisdom in making some of His servants sighted, and some blind.
Sheikh Makhlouf, may God have mercy on him, did not go to the texts that differentiate between blindness and vision, which exist if he wanted to resort to them, but he went to the important educational meaning
Sheikh Makhlouf said in his answer: "However, the blind man has lost his two sweethearts, if he is patient with his affliction, his reward is greater, and Paradise compensates for them, as in the hadith of Anas who said: I heard the Messenger of Allah (peace and blessings of Allaah be upon him) say: "Allah the Almighty said: If I afflict my servant with his two sweethearts (i.e.: his eyes), then patience compensated him for them by Paradise" Narrated by al-Bukhari. Thus, he has great merit over the visionary from this side.
If we consider that he and the sighted – even if they share the reward of jihad of the soul, in what is perceived from the assets by hearing, and the rest of the limbs, except sight – the visionary has been unique in striving for the soul in what he perceives with the sense of sight, and it is not a small matter, and if he protects himself from these charming visuals, his reward is greater than the blind on this side, for every virtue and advantage, and one thing may be virtuous on the one hand, and curious on the other."
Sheikh Makhlouf in his fatwa did not go to the texts that differentiate between blindness and vision, which exist if he wanted to resort to them, but he went to the important educational meaning here, which should be instilled in the same respondent, which is the struggle of the soul, and taming the senses to obey God, whether they exist, such as those who see with his eyes, he must protect them from the forbidden sight, and whoever loses them, strives with himself, with patience on the scourge, and prevent himself from forbidden, he can sense, taste and touch, which is replaced by the blind.
I think that Sheikh Makhlouf benefited from this trend from the large knowledge of the heritage of Sheikh al-Islam Ibn Taymiyyah, and his student Ibn al-Qayyim, especially the latter, Makhlouf was concerned with the achievement of the fatwas of Ibn Taymiyyah, and most of the contemporary Azhar jurists who were briefed on the heritage of this school benefited from it greatly, and avoided the intakes taken on it, which is the matter of every human work, taken from it and left.
Say that a fatwa by Al-Qaradawi or his dealing with a jurisprudential issue should be devoid of the recommendation or educational aspect, although the fatwa or the issue dealt with may be purely jurisprudential
Treating Alzheimer's Sr. as a disease, not madness
One of these fatwas, which carry important connotations, is what happened when some sons came to the two Algerian sheikhs: Sheikh Moussa Ismail and Sheikh Tahar Ait Alajt, as they went to them sons whose father was affected by Alzheimer's, so they went to ask the two sheikhs about this matter: They said to Sheikh Ismail: Our father is sick with Alzheimer's, he eats forgetting during the day Ramadan, so what should we do?
He replied: "Your father has lost his mind, and the mind is the subject of the assignment, for he is not charged with fasting in the first place, and therefore there is nothing on him. Then they went to Sheikh Ait Alajat with the same question, and he answered them with this remarkable answer, and he said: "Feed your father for every day a poor person, for if you treat your father like a patient, it is more dearer to me than to treat him like a madman. Sheikh Ismail heard this fatwa, cried and said: "May Allah protect Sheikh Tahir, for before a fatwa can be a fatwa, it must be piety."
It is noticeable here that the fatwa of Ait Alajat was a fatwa of piety and righteousness, and politeness with the father, although it will cost them either fasting for their father, or feeding him, because they will treat him as a patient, and if they treated him as a gold of his mind, his case is like the case of the insane, which is also a disease, but it is a disease that has psychological and impressionistic connotations that are not good in the soul, in dealing with parents. He believed that it was disobedient for the children to treat their father as if his mind was like a madman, but ordered them to treat him as a patient.
Al-Qaradawi pioneer of education by fatwa
For fairness and scientific truth, the most manifested by this feature in our time, in linking the fatwa to advocacy and education, but rather presenting the fatwa in a graceful and high literary language, which made him a pioneer of fatwa education in the modern era, the scholar Dr. Yusuf Al-Qaradawi, may God have mercy on him. Say that the fatwa is devoid of fatwas, or dealing with a jurisprudential issue, from the side of acclamation or educational, although the fatwa or issue addressed, may be purely jurisprudential, but the educational presence is prominent in Sheikh Qaradawi's handling of it. The maqam does not have the capacity to mention examples of his fatwas, but we do cite a model as evidence of what we have mentioned.
The reward of the penitent from forbidden wealth
There is a frequent question in contemporary life, which is ancient and modern, about repentance from forbidden money, especially what is suspicious money, or eaten from usury, so we find most of those who fatwa in the matter, their answer is as follows: For the penitent of usury money to recover the capital, for the Almighty says: (.. and if you repent, you have your capital, do not oppress or oppress) Al-Baqarah: 279, and what does the penitent do with the money gained from the forbidden? The mufti answers that he is purified from it, and it is not permissible for him to give charity with it, nor does he tell the party that gave her the haraam money that it is haraam, otherwise it is forbidden for her to benefit from it, and there is no reward for him for that, because the Prophet (peace and blessings of Allaah be upon him) says: "Allaah is good and accepts nothing but good."
The interest in linking education and fatwa in the modern jurisprudential discourse of some jurists is caused by the president's work of a number of them on the advocacy side in terms of practice
Here ends the fatwa of most of the sheikhs, which is correct in terms of abstract jurisprudential consideration, but Qaradawi tends in another direction we did not find who addressed him before him in the matter, he acknowledges all the past sayings of jurists, repentance of forbidden money, and not to benefit from it, but although it denies him the reward in terms of the reward of charity, but it makes it paid from two other sides:
First: He absolved himself of this haraam wealth and benefited from it for himself in any way, and this has its reward with God Almighty.
Second, he was a benevolent intermediary in delivering this money to the poor and the Islamic associations that benefit from it. He is rewarded for this hopefully.
Spiritual education is a document of the fatwa according to Al-Qaradawi
The most prominent feature of the presence of education in the fatwa when Qaradawi, is to take Sheikh spiritual education based on the fatwa, may be the doctrinal document tends to the passport, or ends with the fatwa of the passport, but looking at the impact of educational and community, pushes the jurist to prevent, which we have seen in several fatwas have, but clearer than they are in two fatwas of Qaradawi, in one issue, a draw prizes, where some companies and shops, disburse coupons draw on purchases, and as a result are awarded rewards and prizes, has fatwa Qaradawi first permissible, It was evidenced by its permissibility by jurisprudential consideration, in terms of its freedom from gambling and facilitator.
Al-Qaradawi based the prohibition on the fact that this treatment is contrary to the spirit of brotherhood, and kills in man the spirit of brotherhood, and fuels the spirit of selfishness, greed and monopolization of money and profit, a spirit instilled by capitalism in our societies, as it includes the injustice of the total consumers for one account, and instills in people the spirit of extravagance, and buy what they do not need, and turn society into a consumer society.
There are many other fatwas going along this lines, in terms of rooting and evidence, but say that the fatwa is devoid of this combination of jurisprudence and divine education, has removed this feature from the fatwas of Qaradawi, what characterized fatwas when some muftis drought, whether spiritual or literary, say in our time who writes fatwa and jurisprudence in a literary language clear and smooth, and is based on linking the fatwa education, and above all: The introduction and entrance made by Al-Qaradawi in the fatwa, which prepares the questioner or reader for the subject, which is what distinguished the Sheikh among the jurists of his time.
In my opinion, this interest in linking education and fatwa, in the modern jurisprudential discourse of the jurists we mentioned and others, was caused by the president's work on the advocacy side, in terms of practice and preoccupation with it, such as rhetoric and writing, and not just superficial interest, which generated for them - and they are originally jurists - friction with people, and knowledge of their needs, and to stand on the importance of this link, but to work to put it within the fatwa, as a prescription for jurisprudential and advocacy treatment together.