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Question: My question is two-fold.
The first is: Can a verdict (Fatwa) contradict the Qur’an and
still be valid? The second is: Is there some kind of central authority
within Islam that ‘authorizes’ a Fatwa?
Thus, matters which have directly been
decided by Allah and His Prophet (sws) should be explained and presented
exactly as they are. For instance, Allah has forbidden the believers to
eat pork. So, no Muslim scholar, however great he may be, can change this
decree of Allah. However, matters which have not been directly addressed
by these two sources are available for Muslim scholarship to deliberate
in the light of ‘the spirit of other Islamic directives’ and the innate
guidance of man regarding good and evil. The decision in such matters should
not also go against the explicit directives of Islam. For instance, Islam
lays the basis of the society on the institution of family. It wants that
the new generation should come into this world through the relationship
of a wedded couple. Therefore, the idea of a surrogate mother, which though
has not been addressed by these sources directly, is totally against the
spirit of Islamic directives and hence stands rejected. However, if a wife
and husband themselves take some medicine or undergo a medical treatment
to have children or specifically have either sons or daughters, this cannot
be objected to since the whole thing is within the ordained limits of family
institution. In short, matters which have been dealt with by the fundamental
sources of Islam should never be changed and presented as such. For other
issues, however, the spirit of Islamic directives and morality should be
observed and sustained while reaching a decision.
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