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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 are the conditions for the validity of the slaughtering process according to Sharia?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Regarding the Sharia-mandated conditions for the validity of the slaughtering process (Adh-Dhabh), they are as follows:
 
The Identity of the Slaughterer: The person performing the slaughter must be either a Muslim or from the People of the Book (Christian or Jewish).
 
The Required Cuts: Both the trachea (windpipe/breathing passage) and the esophagus (food passage) must be completely severed.
 
Stability of Life: The animal must possess stable life at the start of the slaughtering process. This is identified by clear signs, such as vigorous movement or the forceful gushing of blood after the throat and esophagus are cut.
 
The Tool of Slaughter: The tool used must be sharp, capable of cutting or piercing by its edge and not by its sheer weight or blunt force.
 
And Allah the Almighty knows best.

Do pregnant and breastfeeding women have to fast?

Pregnant and breastfeeding women are required to fast. However, if fasting causes them harm or unusual hardship, they may break their fast but must make up for the missed days later.
If they break their fast solely out of fear for the fetus or the child, then they must both make up the fast and give fidyah (feeding a needy person for each missed day), as the benefit of breaking the fast was only for the child.

Is it permissible for a young man and a young woman to enter into a covenant as a married couple without having a true seclusion (Khalwah) until their marriage contract is officially concluded?

The relation which isn`t based on a marriage contract is forbidden, and entering into a covenant as a married couple is unaccounted for and is from the evil suggestions of the devil.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

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