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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

What is the ruling on forgetting an integral of the prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Whoever forgets an integral (Rukn) of the prayer and remembers it before reaching the equivalent point in the subsequent unit (Rak'ah), must return to it (i.e., perform it) and complete his prayer, then perform the prostration of forgetfulness (Sujud al-Sahw) at the end of his prayer. However, if he remembers it after reaching the equivalent point in the subsequent unit, the Rak'ah in which the integral was forgotten is invalidated, and the current unit takes its place; he then completes a full Rak'ah to compensate and performs the prostration of forgetfulness.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.1/P.543): 'If he becomes certain at the end of his prayer, or after the Salam—provided the interval is not long according to custom and he has not stepped on an impurity—that he omitted a prostration from the final Rak'ah, he must perform it and repeat the Tashahhud, as his previous Tashahhud occurred before its proper place. If the omission was from a Rak'ah other than the final one, he must perform a full Rak'ah, because the deficient unit was completed by a prostration from the subsequent one, rendering the rest of that subsequent unit void.' And Allah the Exalted knows best.

What is required of one who doubts the number of rakʿāt during prayer?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a person doubts the number of rakʿāt he has prayed, he should build upon the lesser number, as that is what he is certain of. He should then perform the prostration of forgetfulness (sujūd al-sahw) before the final salām at the end of the prayer. ʿAṭāʾ ibn Yasār narrated that the Messenger of Allah ﷺ said: "When any one of you is in doubt during his prayer and does not know whether he has prayed three rakʿāt or four, let him pray one more rakʿah and then perform two prostrations while seated before the salām. If the rakʿah he prayed was a fifth, these two prostrations will make it even; and if it was the fourth, then the two prostrations serve as a humiliation for the devil." (Reported by Abū Dāwūd.)
It is stated in al-Muqaddimah al-Ḥaḍramiyyah — one of the foundational texts of the Shāfiʿī school: "If one doubts whether he has prayed three rakʿāt or four, he is obliged to build upon the lesser number."
However, if such doubt recurs repeatedly and reaches the level of obsessive whispering (waswasah), he should not build upon the lesser number in that case — rather, he should build upon the greater number. 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 ruling on reciting aloud (*jahr*) in a silent (*sirriyyah*) prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Reciting aloud (jahr) in the Fajr prayer, in the first two rakʿahs of Maghrib and ʿIshāʾ, and reciting silently (isrār) in the Dhuhr and ʿAṣr prayers is a sunnah. If the worshipper recites aloud where silence is prescribed, or the reverse, his prayer is valid, although it is better to follow the sunnah, in imitation of the Prophet (peace and blessings be upon him). Abū Hurayrah (may Allah be pleased with him) said: “In every prayer there is recitation. What the Messenger of Allah (peace and blessings be upon him) let us hear, we let you hear, and what he concealed from us, we conceal from you. If you add nothing to Umm al-Qurʾān (al-Fātiḥah), it suffices, and if you add to it, it is better.” Narrated by al-Bukhārī.
Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said in al-Majmūʿ (Vol.3/389): “The sunnah is to recite aloud in the two rakʿahs of Ṣubḥ (Fajr), Maghrib, and ʿIshāʾ, and in the Friday prayer, and to recite silently in Dhuhr, ʿAṣr, the third rakʿah of Maghrib, and the third and fourth of ʿIshāʾ. All of this is by the consensus of the Muslims, together with the mutually reinforcing authentic ḥadīths on the matter. This is the ruling for the imam. As for the individual worshipper (munfarid), it is sunnah for him to recite aloud according to us and according to the majority… If he recites aloud where silence is prescribed, or the reverse, his prayer is not invalidated, nor is there a prostration of forgetfulness (sujūd al-sahw) for it, but he has committed something disliked (makrūh).” And Allah Almighty knows best.