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The Iftaa` Department Refrains from Interfering in the Judiciary
Author : The General Iftaa` Department
Date Added : 23-03-2023

The Iftaa` Department Refrains from Interfering in the Judiciary

 

 

Some media reported that the General Iftaa` Department refrained from issuing a Fatwa on the inadmissibility of the testimony of the woman who doesn`t wear Hijab.

 

In response to this claim, the Department wishes to make clear that the requested Fatwa is related to a case pending before the court. Therefore, it refrained from issuing that Fatwa to ensure the impartiality and independence of the judiciary system, the integrity of its provisions and non-interference in its affairs, as provided for in the legislations in force. This is to achieve justice and preserve the rights of the litigants.

 

The Department asserts that non-interference in cases pending before the court is its adopted approach since its establishment to safeguard the integrity of litigation from any external influences.

 

Only Allah leads to prosperity and guides to the straight path•

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Summarized Fatawaa

What is the ruling on giving the expiation of an oath (Kaffarat al-Yamin) to a charity that feeds the poor?

 

 

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

It is allowed for a Muslim to appoint a proxy (agent) to distribute the expiation (Kaffarah) on their behalf. Our jurists have explicitly stated the permissibility of delegation (Tawkil) in the distribution of Zakat, Kaffarah, and vows (Nadr).

It is stated in Mughni al-Muhtaj (Vol.3/P.237): 'One has the right to pay the Zakat of their wealth personally... and they also have the right to delegate it.' And Allah the Exalted knows best.

Who is the "Capable Person" for whom the Udhiyah is recommended?

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

The "Capable Person" (Al-Qadir): This refers to anyone who possesses surplus wealth beyond their own essential needs and the financial maintenance of their wife, children, or whoever is under their legal care, during the day of Eid and the three days of Tashreeq (the 11th, 12th, and 13th of Dhul-Hijjah), as this is the designated timeframe for the sacrifice. And Allah Knows Best.

Is Zakah (obligatory charity) due on land intended for selling?

Yes, lands intended for trade are valued, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.

What is the ruling on performing dry ablution (tayammum) on a wall or stone?

One of the conditions for tayammum is that it be with pure, clean dust (soil). It is not valid to perform tayammum by striking stones, a wall, sand that has no dust (i.e., that does not produce dust), pebbles alone, or clay, as these are not from the earth or its same category. And Allah the Almighty knows best.