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The Iftaa` Department Refrains from Interfering in the Judiciary
Author : The General Iftaa` Department
Date Added : 23-03-2023

The Iftaa` Department Refrains from Interfering in the Judiciary

 

 

Some media reported that the General Iftaa` Department refrained from issuing a Fatwa on the inadmissibility of the testimony of the woman who doesn`t wear Hijab.

 

In response to this claim, the Department wishes to make clear that the requested Fatwa is related to a case pending before the court. Therefore, it refrained from issuing that Fatwa to ensure the impartiality and independence of the judiciary system, the integrity of its provisions and non-interference in its affairs, as provided for in the legislations in force. This is to achieve justice and preserve the rights of the litigants.

 

The Department asserts that non-interference in cases pending before the court is its adopted approach since its establishment to safeguard the integrity of litigation from any external influences.

 

Only Allah leads to prosperity and guides to the straight path•

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Summarized Fatawaa

What is the ruling on the cessation of blood after (40) days from delivery, but later continued sporadically during two days of Ramadan?

Once postpartum bleeding (Nifas) ceases, and the woman is certain that it won`t reoccur, then she becomes ritually pure and so she is free to make Ghusl (purificatory bath), pray, and fast. If the bleeding reoccurs before fifteen days from its cessation, and before the end of (60) days after delivery, then the ruling on postpartum bleeding is effective, and her fasting and prayer are null and void, thus she must make up the fasting that she missed and not the prayer during those particular days.

What is the ruling of Sharia on unregistered marriage in Jordan?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Aishah narrated that the Messenger of Allah said: "Whichever woman married without the permission of her Wali her marriage is invalid, her marriage is invalid, her marriage is invalid. If he entered into her, then the Mahr is for her in lieu of what he enjoyed from her private part. If they disagree, then the Sultan is the Wali for one who has no Wali." [At-Tirmithi, Hadith No.1102]. The Prophet (PBUH) also said: "There is no marriage without a guardian and two honorable witnesses." Related in [Al-Mo`jam Al-Basit for At-Tabarani, pp.6366]. Registration of the marriage contract at Islamic court is necessary for the preservation of rights and failing to do so is punishable by Jordanian Law. And Allah The Almighty Knows Best

I prayed all the obligatory prayers in congregation, but after finishing the `Isha prayer, I remembered that I had forgotten to pray Dhuhr. What should I do, and is my prayer invalid?

Your prayers are valid, but you must make up the Dhuhr prayer as soon as you remember it, based on the saying of the Prophet (peace be upon him): "Whoever forgets a prayer must pray it as soon as they remember it; there is no expiation for it except this." [Muslim]. And Allah knows best

 By slip of the tongue, my son cursed Allah. It is worth pointing that he has concluded his marriage contract recently, but haven`t consummated the marriage. What is the position of Sharia on this? 

All perfect praise be to AllahThe Lord of The Worlds and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions. 
This person must return to the fold of Islam by uttering the two testimonies of faith and making repentance to Allah from all acts that lead to disbelief. Also, he must make a new marriage contract because the old one was dissolved after he had committed this act of disbelief. Moreover, since there is no waiting period for his wife, then she is in state of Talaq ba`en baynona Soghra (Minor irrevocable divorce); consequently, she can get back to him only by a new marriage contract. And Allah The Almighty Knows Best. 

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