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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

Is it valid to perform Tarawih prayer at home?

It is Sunnah for a Muslim to perform Tarawih prayer in congregation at the mosque.
However, if a person sometimes prays it at home in congregation with their family for a valid reason, there is no harm in doing so.

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

What is the ruling on the Friday bath (ghusl al-Jumu'ah)?

The Friday bath is a confirmed Sunnah, based on the Prophet's (peace be upon him) saying: "Whoever performs ablution on Friday, it is good for him, and whoever takes a bath, bathing is better." (Reported by Abu Dawud and al-Tirmidhi who said it is a hasan hadith). It is recommended for everyone who wants to attend the Friday prayer, even if they are not from its usual attendees, like a woman or a boy.
If a person is in a state of major impurity (junub) and intends by his bath both lifting the major impurity and the Friday bath, he achieves both. If he intends only one of them, he achieves only what he intended. And Allah the Almighty knows best.

Is there a solution to put an end to thinking of worries during prayer?

Firstly, make ablution after the time for prayer begins and busy yourself with remembering Allah, The Exalted, before the iqaamah (start of prayer).In order to become humbly submissive during prayer, you must perform prayer in congregation. After the prayer ends, stay in your place and read the post-prayer remembrances (Adhkaar) and make supplication to Allah, The Exalted.

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