Achievements of Iftaa` Department (1430 AH-2009 AD)

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Is it permissible to eat from an Udhiyah slaughtered on behalf of a deceased person?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.

It is permissible to eat from the sacrifice (uḍḥiyyah) that is offered on behalf of a deceased person. This is the madhhab (school of thought) of the Hanbalis. In this case, the heirs take the place of the deceased as if he were alive, with the same rights to eat from it, give it in charity, and offer it as a gift.

It is stated in Maṭālib Uli al-Nuhā (Vol.2/P.472): "Offering a sacrifice on behalf of a deceased person is better than offering one on behalf of a living person, because the deceased is unable (to perform deeds) and is in need of reward. It is to be treated like a sacrifice on behalf of a living person in terms of eating, giving charity, and giving gifts." And Allah Almighty knows best.

Is it permissible for one to shake hands with his uncle`s daughter?

No, it isn`t because he is a non-Mahram (Marriageable) to her.

What is the ruling on discharging one's zakāh obligation through the provision of a specific benefit (manfa‘ah) — such as performing a surgical operation for a patient, or providing housing to a tenant, and counting the value of this service as zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).

It is not permissible to fulfill one's zakāh obligation by providing a benefit or service (manfa‘ah) — such as housing, education, or medical treatment — in place of the zakāh itself. This is because zakāh must be paid as wealth (māl) that is transferred into the ownership of the poor recipient, whereas such services are intangible benefits that are not, in themselves, capable of being formally transferred in ownership (ghayr qābilah lit-tamlīk). And Allah, the Exalted, knows best.

How does a praying person prostrate?

All perfect praise be to Allah,The Lord of The Worlds It is from Sunnah that he/she sits with both knees on the ground in order to prostrate, then hands, nose and forehead are placed on the same place. In addition, the toes have to touch the ground, and be directed towards the Qiblah (direction of Ka`bah) during prostration. And Allah Knows Best.

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Achievements of Iftaa` Department (1430 AH-2009 AD)

Author : The General Iftaa` Department

Date Added : 23-10-2022

Achievements of Iftaa` Department (1430 AH-2009 AD)

Based on the directives of His Majesty King Abdullah II, the General Iftaa` Department has been playing an effective role in society through clarifying the rulings of Sharia to the people in a transparent and moderate approach. In 2006, a law was passed which declared the independence of the Department from the Ministry of Religious Endowments and other official bodies. The law determined the tasks and duties of the Department as follows:

1. Supervising and organizing of Fatwa affairs in the Kingdom.

2. Issuing Fatwas on general and specific matters in accordance with the provisions of this law.

3. Preparing of the required research papers and Islamic studies on important matters and emerging issues.

4. Producing a periodic specialist academic journal concerned with the publication of reviewed academic research papers in Shari'ah and Islamic sciences and related fields.

5. Cooperating with scholars of Islamic law in the Kingdom and outside of it regarding fatwa affairs.

6. Offering opinions and advice in matters presented to it by state agencies.

The Grand Mufti shall be in charge of running the Department`s affairs, the flow of the work and the execution of the Iftaa`s general policy with the assistance of a team of Muftis in the Department`s headquarter and the governorates.

On its part, the Department has done several activities through which it reached out to society and directed fellow citizens to act upon the teachings of Sharia to achieve, as Allah promised, happiness in this world and the next life.

This communication has reflected society`s keenness on acting upon the teachings of Sharia, Department`s credibility, and people`s faith in fatwas issued by it.

Following are the Department`s most notable achievements of last year:

First: Fatwas Issued by the Department.

In 2009, the Department issued (159318); an average of (639) for each working day. These fatwas were distributed as follows:

1- Fatwas on Divorce. (24422) fatwas divided between valid divorce (12764) and invalid divorce (11658). The percentage of the questions on divorce constituted (15.3%) from the overall number of questions. As for the rest of the questions, they were divided between acts of worship, transactions, personal status, Islamic Creed, Tafsir (Interpretation), Hadith, and social problems.

2- Fatwas on other Issues.

- Verbal Questions. The asker is directly transferred to one of the Muftis. The total of this type of questions posed during personal interviews conducted inside the Department has reached (15107).

- Written questions. In this regard, the asker fills out the written fatwa form, and then the question is transferred to one of the Muftis or researchers in the Department to prepare the answer supported by the proper evidence and sayings of the jurists. After that, the answer is submitted to a committee formed for this end. After the committee adopts it, the answer is submitted to the Grand Mufti for approval or modification, as he deems appropriate. Finally, the fatwa is sent to the asker. This type of questions has reached the total of (181).

3- Fatwas Delivered over the Telephone.

The asker calls the Department. He is transferred to one of the Muftis. The Mufti listens to the question and gives the appropriate answer. The number of questions asked via this method reached (79680).

4- Fatwas Via SMS.

Recently, the Iftaa` Department has contracted some telecommunications companies to provide the service of delivering Fatwas through SMS and E-Government services. The total number of such messages has reached (36822).

5- Seeking Fatwas Via the Department`s Website and E-Mail.

After launching the electronic website, the Department started receiving questions from all over the world. A committee composed of eminent Muftis give special care to these questions and provide scientific answers for them. Afterwards, the answers are directly submitted to the Grand Mufti for approval or modification. The total number of questions sent via the website (WWW.Aliftaa.jo) has reached (2295) while the the questions sent via the e-mail ([email protected]) has reached (811) questions.

Second: Prints and Bulletins Issued by the Department.

The Department has issued a monthly bulletin under the name (Al-Iftaa`) in which research papers, articles, and research fatwas of Muftis are published. The bulletin is also concerned with fatwas issued by the Department. This bulletin will be, Insha`Allah, an introduction to the issuance of the Iftaa`s peer-reviewed journal.

Third: Muftis` Participation in Media and Reaching out to Local Society.

The Muftis have participated in a number of conferences, TV shows, dialogue seminars, religious lectures, and Friday sermons delivered at the mosques of the Ministry of Awqaf year-round.

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Summarized Fatawaa

I`m infatuated with a man, is it permissible for me to make supplication that he falls in love with me and becomes my husband?

Islam has honored women by being proposed to by men, and not the other way around, so it is inappropriate for a woman to propose to a man since one who hastens in asking for a thing prematurely shall be punished by deprivation. In fact, such a phenomenon is the result of unlawful mixing between the two sexes.

Is it obligatory to make up all missed prayers?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.

Making up missed prayers (qaḍāʾ) is a sharʿī obligation, established by the practice of the Prophet ﷺ himself — when the disbelievers preoccupied him on the Day of the Trench and he missed the ʿAṣr prayer, he made it up afterward. This is further affirmed by the ḥadīth: "Fulfil what you owe to Allah, for Allah is most deserving of being fulfilled." (Reported by al-Bukhārī.)

Accordingly, a person who has missed prayers should set aside his voluntary and Sunnah prayers and replace them with make-up prayers in their stead. There is no objection to making up one missed prayer alongside each obligatory prayer that is performed — praying the equivalent missed prayer together with each current obligatory prayer as a practical and manageable way of gradually clearing one's debt of missed prayers. And Allah the Almighty knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."

Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].

However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.

Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].

Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].

If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.

The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]

The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]

And Allah Almighty knows best.