Fataawa of JUSA binding upon the South African community

Question:-

In a letter to the Supreme Court of Pakistan, on 11 January 2022,  the Jamiatul Ulama of South Africa wrote the following footnote:

“The fatwa [religious decrees] issued by the Jamiatul Ulama South Africa are considered to be authoritative and binding upon the Muslim Community. It is also the founder member of the United Ulama Council which is a national body representing all major Muslim theological bodies in the country.”

I’d like to ask:

°Are the Fatawa from the Jamiat binding on all Islamic institutes in South Africa, including your institute?

° What is the consequence of not following this binding Fatwa, whether on an institute or individual?

Your answer will bring great clarity Insha’Allah.

Answer:-

The Fataawa of JUSA is not binding upon our institute, nor the Muslim community of South Africa in general, as stated in the letter addressed to the supreme court of Pakistan. Furthermore, JUSA does not represent all major Muslim theological bodies in the country.

The Fuqaha have written that, the Fatwa of a Mufti is not binding upon any such knowledgeable scholar that exerts his mind and reaches conclusion in Masaa’il of Deen. There are many such senior Muftis in our country whose opinions are held in high regard, hence it is not binding upon them to follow the ruling of another institute. Also, many of the South African Muslims follow the rulings of these senior Muftis whom they have chosen as their guides (to guide them in matters of jurisprudence), hence, it will not be correct to state that the Fataawa of a particular institute or organization is binding upon the Muslim community of South Africa at large.

اذا كان ذا راي واجتهاد وعني انه يجتهد راي نفسه دون رايهم فهو معذور – الفتاوي التاتارخانية ص۳۳۶ ج۷

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 02 Rajab 1443 / 04 February 2022