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Resolutions of Iftaa' Board

Resolution No.(132): “Articles (15) and (16) of CEDAW Convention"

Date Added : 27-10-2015

 

Resolution No.(132),(10/2009) by the Board of Iftaa`, Research and Islamic Studies:

“Articles (15) and (16) of CEDAW Convention"

Date: 1/8/1430 AH, corresponding to 23/7/2009 AD.

 

 

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

During its session held on the above given date, the Board reviewed articles (15) and (16) from the “CEDAW CONVENTION” which calls for absolute equality between men and women.

The Board has dwelled on the following verse: “And in no wise covet those things in which God Hath bestowed His gifts More freely on some of you than on others: To men is allotted what they earn, and to women what they earn: But ask God of His bounty. For God hath full knowledge of all things.” {An-Nisa`/32}. The Board would like to clarify that the legal is what Allah has made legal and the illegal is what Allah has made illegal. Allah has created both the male and the female, and He is aware of His creation. His law has equalized between men and women in aspects where they are equal such as belief, the right to education, ownership, choosing a spouse, and the like, within the boundaries of Sharia.

He has favored woman over  man in aspects where she had surpassed him, such as the right to child custody in case of separation, because her Fitrah (natural disposition) enables her to raise children. He has also favored her with the right to receive kind treatment from her children.

On the other hand, He has favored man over woman in aspects where he had surpassed her, such as the ability to make a living; therefore, man is obliged to provide for his family. Allah Has also Favored him with the ability to fight, and this is why he is obliged to bear arms to defend his homeland when necessary.

Therefore, whatever violates the rules of Sharia from the “CEDAW CONVENTION” is forbidden and impermissible to put into effect, such as a wife`s freedom in movement and residence, because this undermines the intention behind the concept of the family which Sharia came to protect. Also,  a Muslim woman marrying a non-Muslim man constitutes another violation to the rules of Sharia.

The Board stresses its appreciation to the Supreme Judge`s Department`s stand in rejecting whatever violates the provisions of Sharia from the CEDAW CONVENTION as well as its concern about the family and its related affairs.

The Board hopes that the Jordanian Parliament rejects such legislations which represent a clear violation to Islamic Sharia.

Moreover, it is imperative that every Muslim rejects matters that contradict Allah`s Law. Allah, The Almighty, Says (what means): “the command is for none but God: He hath commanded that ye worship none but Him: that is the right religion, but most men understand not...” {Yousef/40}. And Allah The Almighty Knows Best.

 

 

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan,Dr. Nooh al-Qhodat

Vice Chairman of the Iftaa` Board, 

Dr. Ahmad Hilayel

Sheikh Abdulkareem al-Khasawneh/ Member

Sheikh Sa`eid Hijjawi/ Member

Dr. Mohammad Khair al-Eesa/ Member

Judge Sari al-Ass`ad/ Member

Dr. Abdurahamn Ibbdah/ Member

Dr. Mohammad Okla/ Member

Dr. Abdunnasir Abulbasal/ Member

Executive Secretary of the Board/ Dr. Mohammad Al-Khalayleh

 

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Summarized Fatawaa

What is the semi-circular structure attached to the Holy Kabah?

The semi-circular structure attached to the Holy Kabah is Hijr Al-Kabah (is a low wall originally part of the Kabah) and passing behind it is an obligation while making Tawaf because it is a part of the Holy Kabah. And Allah Knows Best.

What should a person, who doubts the validity of his Wudu, or over performs it, do?

One who doubts the validity of his/her Wudu while performing it should redo it until he/she is certain of having attained purity. But, if doubt was after having performed Wudu, then he/she should not pay attention to that as doubt after the end of an act of worship does not count. This is of course in case doubt was within the reasonable limits since once it goes beyond that, it becomes a whispering of the Shaytaan (devil) which he/she should ignore as the Wudu is valid.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

When does the time for Udhiyah begin?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The permissible timeframe for Udhiyah (sacrificial offering) begins on the day of Eid al-Adha—the 10th of Dhul-Hijjah—once the sun has risen and a period of time sufficient to perform two brief prayer units (Rak'ahs) and two short sermons (Khutbahs) has passed. This window remains open until the sun sets on the final day of Tashreeq, which is the 13th of Dhul-Hijjah.
 
Our Master, the Messenger of Allah (peace and blessings be upon him), said: "Every valley of Mina is a place of sacrifice, and slaughtering may be done throughout all the days of Tashreeq." (Narrated by Al-Bayhaqi and Ibn Hibban)
 
The days of Tashreeq refer to the 11th, 12th, and 13th of Dhul-Hijjah.
 
The most virtuous time to perform the sacrifice is immediately after concluding the Eid prayer, based on the statement of the Prophet (peace and blessings be upon him): "The first thing we do on this day of ours is to pray, then we return and offer our sacrifice. Whoever does that has acted in accordance with our Sunnah (tradition), and whoever slaughters before that, it is merely meat he has provided for his family; it has nothing to do with the ritual sacrifice." (Reported by Al-Bukhari and Muslim)
 
What is meant here is an estimation of time rather than the actual performance of the prayer itself, as our Master, the Messenger of Allah (peace and blessings be upon him), used to offer the Eid al-Adha prayer immediately after sunrise.
 
The sacrifice is valid if performed at any time during these designated days, whether by day or by night, though slaughtering at night is considered disliked (Makruh). And Allah the Almighty Knows Best.

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