Home
If it happens that an incident occurred and justice was done with Fatwa that suit the case, Should we use such Fatwa to address the same issue that happened after 10 years. What will be your opinion as a Mujtahid?
RESPONSE:
If the incident is the same, the time and also the people that play the role of the event might be quiet different, in such situation there may be changes in the Fatwa. For example, during the regime of General Muritala Muhammad, citizen of the country benefited from his government to the extent that a graduate is provided with basic needs. At that period, if someone steal and it worth to be discipline in shariah law by amputating his hand, the judgement will be passed accordingly provided that the country is making use of Shariah. If it also happens that the same event occurRed during this regime of President Jonathan, before we can pass the same Fatwa for the present issue, we must have verified the condition of the person if it is due to poverty or government negligence by not providing for the citizen. In such situation lesser punishment will be applied due to the circumstances that surround the second event. Allah S.W.T says in Q 2: 173 "But if one is forced by necessity without wilful disobedience nor transgressing due limits, then there is no sin on him. Truly, Allâh is Oft-Forgiving, Most Merciful".( WALLAHU A'LAM)
RESPONSE:
If the incident is the same, the time and also the people that play the role of the event might be quiet different, in such situation there may be changes in the Fatwa. For example, during the regime of General Muritala Muhammad, citizen of the country benefited from his government to the extent that a graduate is provided with basic needs. At that period, if someone steal and it worth to be discipline in shariah law by amputating his hand, the judgement will be passed accordingly provided that the country is making use of Shariah. If it also happens that the same event occurRed during this regime of President Jonathan, before we can pass the same Fatwa for the present issue, we must have verified the condition of the person if it is due to poverty or government negligence by not providing for the citizen. In such situation lesser punishment will be applied due to the circumstances that surround the second event. Allah S.W.T says in Q 2: 173 "But if one is forced by necessity without wilful disobedience nor transgressing due limits, then there is no sin on him. Truly, Allâh is Oft-Forgiving, Most Merciful".( WALLAHU A'LAM)
