Disclaimer.
Please read this Disclaimer carefully before using darulfiqh.com or relying on anything published on it. By using the site, you accept this Disclaimer. If you do not accept it, you must not use the site or rely on its content.
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1. Scope of This Disclaimer
1.1This Disclaimer applies to all Fatawa (religious opinions on questions of Islamic guidance), answers, articles, research, audio, video and other material published on or through darulfiqh.com, and to any reply sent to a question submitted through the site (together, the “content”).
1.2In this Disclaimer, “Darul Fiqh”, “we”, “us” and “our” refer to Darul Fiqh. “Darul Fiqh parties” means Darul Fiqh and each of its scholars, authors, editors, students, guest contributors and volunteers, and anyone else involved in preparing or publishing the content.
1.3This Disclaimer forms part of our Terms of Use. It applies as a notice to everyone who reads or uses the content, whether or not they have accepted the Terms of Use.
2. Educational Purpose
2.1Darul Fiqh is an educational website. All content is published for general religious education and guidance only.
2.2The content is general in nature. It does not take account of your personal circumstances and is not a substitute for individual guidance from a qualified scholar or advice from a qualified professional.
3. Religious Guidance Within English Law
3.1Our Fatawa are religious opinions. They concern matters of faith, worship, ethics and conscience, and they are offered as an expression of religious teaching in exercise of the freedoms of thought, conscience, religion and expression protected by the Human Rights Act 1998.
3.2A Fatwa has no legal force in England and Wales or in any other jurisdiction. It does not create, change, end or decide any legal right, obligation, status or relationship, and it cannot be enforced by any court or public authority.
3.3The law of England and Wales applies independently of anything we publish. In particular:
(a)a nikah (Islamic marriage contract) does not by itself create a marriage recognised in English law unless the legal requirements for a valid marriage are also met;
(b)a marriage recognised in English law can be ended only by an order of the civil courts, and a talaq (divorce pronounced by the husband), khul’ (divorce sought by the wife in return for compensation) or faskh (annulment by a judge) does not end it in law;
(c)Islamic rules of inheritance take effect in English law only through a will that is valid under English law, or another lawful arrangement; otherwise the statutory intestacy rules apply; and
(d)whether a contract or financial product is compliant with the Shariah has no bearing on whether it is valid or enforceable in law.
3.4Darul Fiqh is not a court, tribunal, Shariah council or arbitral body. Nothing we publish is a judgment, decree, determination or arbitral award, and nothing we publish is made under the Arbitration Act 1996 or any other legislation.
3.5Nothing on Darul Fiqh is intended to encourage, permit or assist any act that is unlawful, and no content may be read or used in that way. In Islamic guidance, Muslims living in any country are bound by their covenant of residence to observe its laws.
3.6No content may be used to pressure or coerce any person, to justify harm to any person, or to deprive anyone of a right they have in law. Anyone who believes their legal rights are affected should take independent legal advice.
4. Not Professional Advice
4.1The content is not legal, financial, investment, tax, accounting, medical, psychological, immigration or other professional advice, and must not be relied on as such.
4.2Using the site, submitting a question or receiving an answer does not create any advisory, professional, fiduciary, contractual or other relationship between you and any Darul Fiqh party. No Darul Fiqh party assumes any responsibility to you, or owes you any duty of care, in connection with the content.
4.3Where content discusses a financial product, company or investment, it addresses the Shariah position only. It is not a recommendation to buy, sell or hold any investment, an assessment of its financial merits or risks, or a Shariah certification. Nothing on the site is an invitation or inducement to engage in investment activity.
5. Nature of Our Answers
5.1Each Fatwa answers a specific question on the facts provided by the person who asked it, and must be read together with that question.
5.2A small difference in facts can lead to a different ruling. You must not apply an answer to a situation that differs from the original question in any material way.
5.3Our answers follow the Hanafi school of Islamic law (madhhab) unless an answer states otherwise. Followers of other schools should consult scholars of their own school.
5.4Where a question is one of recognised scholarly difference, our answer states our position. It is not a criticism of scholars who hold another view.
5.5Where content discusses a company, product, organisation or person, it is a statement of religious opinion based on the information available to us at the time of writing. It is not a statement of fact about them and may not reflect later changes.
6. Responsibility for the Facts
6.1We answer on the basis of the facts as they are presented to us, and we do not verify them. Responsibility for the accuracy and completeness of a question rests entirely with the person who asks it.
6.2An answer obtained by giving incomplete or inaccurate facts does not make permissible what is otherwise impermissible. The Prophet ﷺ said:
“I am only a human being, and you bring your disputes to me. Perhaps one of you is more eloquent in presenting his case than the other, and I judge according to what I hear. So whoever I rule in favour of with something that is his brother’s right, I am only cutting off for him a piece of the Fire.”
Sahih al-Bukhari; Sahih Muslim
7. No Warranty
7.1The content is provided free of charge and on an “as is” and “as available” basis. To the fullest extent permitted by law, we give no representation, warranty or guarantee, express or implied, that the content is accurate, complete, current, reliable or suitable for any purpose.
7.2Scholars can make mistakes. We may revise, update or withdraw any content at any time, and we are under no obligation to do so. Older content may not reflect later developments, so please check the date of anything you read.
7.3Where content is translated, the English version published on darulfiqh.com prevails.
8. Use at Your Own Risk
8.1You use the site and rely on the content entirely at your own risk. Any decision you make, or action you take or do not take, on the basis of the content is your own responsibility.
8.2Before acting on any content in a matter with legal, financial, medical or significant personal consequences, you should take independent advice from a suitably qualified scholar or professional who can consider your circumstances in full.
9. Emergencies and Personal Safety
9.1Darul Fiqh is not an emergency, counselling or safeguarding service, and questions may not be read for some time after they are sent.
9.2If you or anyone else is in immediate danger, contact the emergency services straight away (999 in the UK). For medical or mental health concerns, speak to a doctor or another qualified professional. If you are worried about abuse, contact the police or a specialist support service.
10. Copies, Translations and Links
10.1Our content is often shared, translated, summarised and quoted on other websites, on social media, in messaging apps and by artificial intelligence (AI) tools. We are not responsible for any of these versions, which may be incomplete, altered or out of date. Only the text published on darulfiqh.com is authoritative.
10.2Links to other websites are provided for reference only. We do not control those websites, do not endorse them and are not responsible for their content.
11. Use in Legal and Other Proceedings
11.1No content, and no correspondence with any Darul Fiqh party, may be submitted, cited or relied on as evidence or expert opinion in any court, tribunal, Shariah council, arbitration, mediation, or employment, immigration or regulatory proceeding without our prior written consent.
11.2No Darul Fiqh party is obliged to explain, verify or give evidence about any content for the purposes of any proceeding.
12. Third Parties
12.1Content is published for the education of its readers. No Darul Fiqh party owes any duty to, or accepts any liability towards, any third party who relies on the content, or who is affected by another person’s reliance on it, including a spouse, relative, employer, business or other person affected by a decision taken on the basis of a Fatwa.
13. Exclusion of Liability
13.1Subject to clause 15, and to the fullest extent permitted by law, the Darul Fiqh parties exclude all liability for any loss, damage, cost or expense of any kind, whether direct, indirect, special or consequential, and whether arising in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, arising out of or in connection with:
(a)the use of, reliance on, or inability to use the site or any content;
(b)any decision made, or action taken or not taken, on the basis of any content;
(c)the application of any answer to circumstances other than those it addressed;
(d)any error, omission, inaccuracy or delay in any content;
(e)any question that is not answered, or not answered within any particular time;
(f)any copy, translation, summary or alteration of our content made by anyone else;
(g)the content of any website linked to or from the site; or
(h)any virus or other harmful material, or any interruption, suspension or failure of the site.
13.2Clause 13.1 applies, without limitation, to loss of income or profits, loss of business, contracts or opportunity, loss of anticipated savings, loss of or damage to data, loss of goodwill or reputation, distress or inconvenience, and any loss arising from personal, family, business or financial decisions.
14. Limit on Liability
14.1The content is provided free of charge. If, despite clause 13, any Darul Fiqh party is found liable to you, the total liability of all Darul Fiqh parties together, for all claims arising out of or in connection with the site and the content, is limited to £100.
15. Liability That Cannot Be Excluded
15.1Nothing in this Disclaimer, including clauses 13, 14 and 16, excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. If you are a consumer, nothing in this Disclaimer affects your statutory rights.
16. Indemnity
16.1You agree to indemnify the Darul Fiqh parties against all claims, losses, damages and costs, including reasonable legal costs, arising from:
(a)your breach of this Disclaimer or our Terms of Use; or
(b)your alteration, misrepresentation or unauthorised republication or translation of any content, or your use of any content against or in relation to another person.
17. Protection of Our Scholars and Contributors
17.1Every exclusion, limitation and indemnity in this Disclaimer protects each Darul Fiqh party individually, as well as Darul Fiqh. Each Darul Fiqh party may rely on and enforce this Disclaimer under the Contracts (Rights of Third Parties) Act 1999.
18. Severability
18.1If any provision of this Disclaimer is found to be invalid, unlawful or unenforceable, it is to be treated as modified to the minimum extent necessary to make it valid and enforceable, or, if that is not possible, as deleted. The remaining provisions continue in full force.
19. Changes to This Disclaimer
19.1We may revise this Disclaimer at any time by updating this page. The version in force when you use the site or rely on the content applies. The date at the top of this page shows when it was last updated.
20. Governing Law and Jurisdiction
20.1This Disclaimer, and any dispute or claim arising out of or in connection with it, the site or the content, including non-contractual disputes or claims, is governed by the law of England and Wales.
20.2The courts of England and Wales have exclusive jurisdiction, except that a consumer living in Scotland or Northern Ireland may also bring proceedings in their local courts.