'Ulamah on Boards

[The Professor]

Does anyone know if 'Ulamah who are chairman's/members of boards of companies (such as finance companies) get paid for being on such boards?

[The Professor]

I'm assuming people don't know the answer?

[abuhajira]

Most of the times they do get pays or royalties for their services. Our Mufti Ebrahim Saheb had mentioned once, while I was seated there as well that he would like that the Shariah Advisory board of finacial institution be a complete independant body from the institution, giving it utmost autonomy to probe and restrict any financial product they may deem non shariah compliant.

Being paid by the same company simply shatters the whole ideal of autonomous decision, one becomes bias to the company... its a conflict of interest.

[The Professor]

Most of the times they do get pays or royalties for their services. Our Mufti Ebrahim Saheb had mentioned once, while I was seated there as well that he would like that the Shariah Advisory board of finacial institution be a complete independant body from the institution, giving it utmost autonomy to probe and restrict any financial product they may deem non shariah compliant.

Being paid by the same company simply shatters the whole ideal of autonomous decision, one becomes bias to the company... its a conflict of interest.

Salam,

Let's say i'm a scholar issuing a fatwa on the permissibility of bubblegum, and i also work for Wrigleys as the Chairman of the Sharia' board, would that be a conflict of interest?

[abuhajira]

Yes the fatwa would have an element of conflict of interest in it, which is why the CEO of that bubblegum company, being a mufti, will not be so naive to issue a personal fatwa.

What he can do though is offer his own view that everything in that Bubblegum is halal and should anyone wish clarification on that, they may do so and attain a fatwa from an independant body.

The mufti should himself know when his fatwa is acceptable and free of any bias. No one is stopining him from issuing a fatwa but the user should seek an independant body that will give a fatwa which cannot cast any doubt.

[The Professor]

Yes the fatwa would have an element of conflict of interest in it, which is why the CEO of that bubblegum company, being a mufti, will not be so naive to issue a personal fatwa.

What he can do though is offer his own view that everything in that Bubblegum is halal and should anyone wish clarification on that, they may do so and attain a fatwa from an independant body.

The mufti should himself know when his fatwa is acceptable and free of any bias. No one is stopining him from issuing a fatwa but the user should seek an independant body that will give a fatwa which cannot cast any doubt.

Whats the difference between a personal fatwa and "his own view"?

[abuhajira]

A view is not binding... While fatwa is a legal juristic verdict according to shariah. This is why if any scholar writes up an answer, it does not automatically become an accepted fatwa.. it is an opinion. Also when a mufti expresses his views as a normal person it cannot be taken as a sharii verdict.

Eg. Personal opinion of Mufti Emran Vawda is that smoking is haram, period! While if you send a question to Darul Iftaa, you will recieve a fatwa that it is makruh tahreemi, since that fatwa will not represent his view rather the established opinion on the matter, backed by other mufties...

For this reason I say, when one of us asks a mufti about something.. One should clarify.. that Mufti Saheb is that your personal suggestion or is that from fatwa point of view?

When I said personal fatwa, it means that he issues a fatwa, but it is only backed by himself and not by any sharii authority. Should he wish to express that his product is halal, it is easy for him to show the ingredient and sources to other muftiyaan and get its approval of hillat from a broader range of mufties. If other mufties find some discrepencies in his product then he will get a chance to fix it, otherwise based on his sole discression he will continue with the same product.. It will be counterproductive for his organization in the business sense as well.

[The Professor]

A view is not binding... While fatwa is a legal juristic verdict according to shariah. This is why if any scholar writes up an answer, it does not automatically become an accepted fatwa.. it is an opinion. Also when a mufti expresses his views as a normal person it cannot be taken as a sharii verdict.

Eg. Personal opinion of Mufti Emran Vawda is that smoking is haram, period! While if you send a question to Darul Iftaa, you will recieve a fatwa that it is makruh tahreemi, since that fatwa will not represent his view rather the established opinion on the matter, backed by other mufties...

For this reason I say, when one of us asks a mufti about something.. One should clarify.. that Mufti Saheb is that your personal suggestion or is that from fatwa point of view?

When I said personal fatwa, it means that he issues a fatwa, but it is only backed by himself and not by any sharii authority. Should he wish to express that his product is halal, it is easy for him to show the ingredient and sources to other muftiyaan and get its approval of hillat from a broader range of mufties. If other mufties find some discrepencies in his product then he will get a chance to fix it, otherwise based on his sole discression he will continue with the same product.. It will be counterproductive for his organization in the business sense as well.

I'm awfully confused.
So lets say Mufti Emran Vawda says in his view smoking is haram.
But then he issues a fatwa saying its not haram, just makruh.

Your saying this is an acceptable position: to have one position as a person, and another as a scholar?

[The Professor]

I'm awfully confused.
So lets say Mufti Emran Vawda says in his view smoking is haram.
But then he issues a fatwa saying its not haram, just makruh.

Your saying this is an acceptable position: to have one position as a person, and another as a scholar?

Awaiting a response.
With peace.

[abuhajira]

Yes, it is an acceptable and at times the optimum position. The view with regards of smoking being Makruh Tahrimi is formulated as a consensus by Jameeatul Mufteen (almost 12 Darul Iftaas of the country), in contrast to that a personal view of one mufti will remain a non consensual opinion. Now if someone personally comes to that one mufti, he may in his personal capacity suggest to opt for such and such, but giving his own view out as a Legal Fatwa while the Muftiyan have already established a ruling on it would not serve much purpose.

The same applies to the Madhahib as well. Once a position is established within the madhab, then should one or a hand full people disagree with that established view, it will not waver the established opinion.

This is one reason we have a salafi onslaught, that they bring forth opinions contrary which have already been established by masses withing Ahlul Ilm fraternity.

But this issue aside, you understood the issue on the main topic right?