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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 someone who is uncertain whether he omitted one of the ab‘āḍ of the prayer, such as being uncertain whether he omitted the first tashahhud?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ab‘āḍ include the middle tashahhud and the qunūt in Fajr prayer — for which sujūd as-sahw (the prostration of forgetfulness) is prescribed if left out. Whoever is uncertain, during the prayer, whether he omitted one of these elements, should proceed on the assumption that he did not perform it, and should perform sujūd as-sahw accordingly.
It is stated in ‘Umdat as-Sālik (p. 63): "If he is uncertain... whether he omitted a specific ab‘āḍ element, or whether he performed sujūd as-sahw, or whether he prayed three or four rak‘ahs — he proceeds on the assumption that he did not do it, and performs sujūd as-sahw."
The original principle (al-aṣl) for someone uncertain about [having performed] the first tashahhud is that he assumes he did not perform it. And Allah, the Exalted, knows best.

What is the ruling on the prayer of one who said "Subḥāna Rabbiya al-ʿAẓīm" in prostration (*sujūd*) and forgot to correct it?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Saying “Subḥāna Rabbiya al-ʿAẓīm” in bowing (rukūʿ) and “Subḥāna Rabbiya al-Aʿlā” in prostration (sujūd) is one of the hayʾāt (non-essential sunnahs) of the prayer. Whoever omits it, whether deliberately or by forgetfulness, or replaces it with another remembrance (dhikr), his prayer is valid and he does not perform sujūd al-sahw. Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said: “Our school holds that one does not prostrate for omitting the audible or silent recitation, the tasbīḥ, and the rest of the hayʾāt.” [al-Majmūʿ, Vol.4/p.127]
If he performs sujūd al-sahw for something that does not call for it, his prayer is invalidated, because he introduced a prostration of forgetfulness without a cause, and he must repeat the prayer. The exception is one who did so out of forgetfulness or ignorance, whether because he recently entered Islam or because he lives far from scholars; he is excused and his prayer is not invalidated.
It is stated in Mughni al-Muḥtāj (Vol.1/p.417): “It is stated in al-Anwār: If he does something that does not call for sujūd al-sahw, thinking that it does, and then prostrates, his prayer is not invalidated if he is ignorant because he recently entered Islam or because he is far from scholars.”
Since this issue is hidden from the laity, as it is among the subtleties of knowledge, and the laity are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of the issue is not invalidated. As for after knowing it, the prayer is invalidated.
Whoever realizes while still in the prayer that his prostration was out of place, it is sunnah for him to perform sujūd al-sahw. And Allah Almighty knows best.

What is the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

A woman made a wig for herself from her own [previously shed] hair, which she wears on her head after having lost her hair [due to hair loss]. Is this permissible?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Since the hair belongs to the woman herself, the wig can be removed during the obligatory ghusl (ritual bathing), and part of the head can still be wiped during wuḍū' (ablution), there is no sharī‘ah objection to making this wig — provided she does not appear wearing it in front of non-maḥram men (Any males outside a woman's immediate family whom she is permitted to marry under Islamic law), since it is not permissible for them to look at a woman's detached hair.
It is stated in Rawḍat aṭ-Ṭālibīn wa ‘Umdat al-Muftīn: "Whatever it is not permissible to look at while still attached [to the body] — such as the male genitalia, a free woman's forearm, the hair of her head, and a man's pubic hair, and similar matters — it remains unlawful to look at even after it has been detached [from the body], according to the more correct position (al-aṣaḥḥ)." And Allah, the Exalted, knows best.

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