The Hadith of Hind bint 'Utbah: A Judicial Ruling or a Fatwa
Machine translationRead the Arabic original
The questioner:
The Honorable Shaykh, may Allah grant you success, says regarding the ruling on an absent person: Some scholars hold that the hadith of Hind bint 'Utbah is not a judicial ruling, but rather a fatwa.
The Shaykh:
Yes, some scholars hold this view, but the position currently followed is that he issued a ruling, because this is one of the rights. It is not a fatwa; it is a right belonging to a person. Rights are not established by a fatwa. It is a right owed to a person, a right owed to a person, so a fatwa is not sufficient for it. It is necessary for a judge to issue the ruling. Yes.
The questioner:
And what is the stronger position in this issue? Is it a fatwa?
The Shaykh:
The stronger position is that he issued a ruling, because this is a right owed to a person. A fatwa is not sufficient for it. A mufti never intervenes in cases and disputes. A mufti does not intervene in disputes because they are among the affairs of the judges. Yes.
The Honorable Shaykh, may Allah grant you success, says regarding the ruling on an absent person: Some scholars hold that the hadith of Hind bint 'Utbah is not a judicial ruling, but rather a fatwa.
The Shaykh:
Yes, some scholars hold this view, but the position currently followed is that he issued a ruling, because this is one of the rights. It is not a fatwa; it is a right belonging to a person. Rights are not established by a fatwa. It is a right owed to a person, a right owed to a person, so a fatwa is not sufficient for it. It is necessary for a judge to issue the ruling. Yes.
The questioner:
And what is the stronger position in this issue? Is it a fatwa?
The Shaykh:
The stronger position is that he issued a ruling, because this is a right owed to a person. A fatwa is not sufficient for it. A mufti never intervenes in cases and disputes. A mufti does not intervene in disputes because they are among the affairs of the judges. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/138 شرح زاد المستقنع/ صالح الفوزان — youtube.com (58:02)
The Arabic text is a machine transcription of the audio recording.