Statement on the Circulated Fatwa Forbidding Abstaining from Paying the Water Bill

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The Fatwa Department of the Hashemite Kingdom of Jordan was founded in 1921. Since its formation, it has relied upon Hanafi fatwas which were in use during the Ottoman era, and the Mufti has answered the questions of members of the public, whether they relate to worship or financial transactions or personal statutes, and it has assigned a mufti to each judge in cities both large and small. The judge seeks the mufti's assistance in solving social problems, just as the mufti refers to the judge matters which are not within the mufti's jurisdiction and which require evidence and witnesses....
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Summarized Fatawaa

What is the ruling on offering the sacrifice (uḍḥiyah) using the wealth of a minor or a legally incompetent person (safīh)?

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

It is not permissible for the guardian (walī) of an orphan or a legally incompetent person (safīh) to offer the sacrifice (uḍḥiyah) on behalf of the minor or the safīh using their wealth, because the guardian is charged with exercising caution over their wealth and is prohibited from giving any of it away voluntarily, and the udḥiyah is a voluntary act of charity (tabarru'). The guardian may, however, offer the sacrifice using his own personal wealth. And Allah, the Most High, knows best.

My brother works in a conventional bank and gave me one of the gifts distributed to bank employees — what is the ruling on accepting it?

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

There is no objection to accepting such gifts, because the physical gift itself does not carry any inherent prohibition — unlike stolen property. Sin does not transfer or extend to the one who receives the gift, for Allah the Almighty says {what means}: "And no bearer of burdens shall bear the burden of another." [Al-Anʿām/164]

The evidence for this is that the Prophet ﷺ himself ate from the food of the Jews, conducted transactions with them, and purchased from them — and it is well known that their wealth was intermingled with ribā. Similarly, the wealth of conventional ribā-based banks is a mixture of the lawful and the unlawful.

Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "It is not forbidden to transact with one whose wealth is predominantly unlawful, nor to eat from it — as al-Nawawī affirmed in al-Majmūʿ." [Tuḥfat al-Muḥtāj, Vol. 9/P.389] And Allah the Almighty knows best.

Does using a wet miswak while fasting break the fast?

A fasting person should ensure that the miswak is dry when using it.

However, if the miswak is slightly moist but does not release any liquid when squeezed, then its use does not break the fast.

What is the ruling on having an intention (Niyyah) for every prayer?

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

Intention (Niyyah) is a pillar (Rukn) without which the prayer is not valid. The worshiper must have an intention for every prayer, meaning they must consciously intend the act of worship they are performing. Its timing must coincide with the opening Takbir (Takbirat al-Ihram). It is not a requirement to utter it verbally; rather, doing so is considered a recommended Sunnah. There are three levels of intention:

1-If the prayer is obligatory (Fard): It is mandatory to include the Intent (to pray), the Specification (which prayer, e.g., 'Asr), and the Obligation (recognizing it as a Fard). For example, one should bring to mind or say: 'I intend to pray the Fard of 'Asr.'

2-If it is a voluntary prayer restricted by a specific time or cause (Sunnah Muqayyadah): It is mandatory to include the Intent and the Specification. For example: 'I intend to pray the Sunnah before Zuhr' or 'I intend to pray Duha.'

3-If it is an absolute voluntary prayer (Nafl Mutlaq): It is sufficient to simply have the Intent to pray. For example: 'I intend to pray.'

And Allah the Exalted knows best.

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Statement on the Circulated Fatwa Forbidding Abstaining from Paying the Water Bill

Author : The General Iftaa` Department

Date Added : 20-06-2023

Statement on the Circulated Fatwa Forbidding Abstaining from Paying the Water Bill

In the Name of Allah, The Most Merciful, The Most Compassionate

Allah the Almighty says {What means}: "The General Iftaa` Department confirms that it hasn`t recently issued a Fatwa forbidding abstaining from paying the water bill and the news circulated social media concerns an old Fatwa included in the book entitled (The Guide on Water from an Islamic Perspective) addressing Imams and preachers.

The Department calls on journalists to be objective and choose the right time in publishing its Fatwa since unsuitable time and place takes the Fatwa out of context with the intention of abuse and distortion.

We ask Almighty Allah to protect our country from seditions and afflictions, be they revealed or concealed.

The General Iftaa` Department

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Summarized Fatawaa

What is the ruling on making up missed fasts from many years?

A Muslim must make up for any missed fasts, as they are a debt owed to Allah. The Prophet ﷺ said:

"The debt owed to Allah is more deserving of being fulfilled." [Narrated by Muslim]

Whoever has missed fasts must make them up as long as they are alive and capable of fasting.

What is the ruling on someone who doesn`t perform prayer?

All perfect praise be to Allah,The Lord of The Worlds Not performing prayer is a major sin, and one who doesn`t pray out of laziness is considered an oft-sinner ;whereas, the one who denies that it is mandatory is considered a disbeliever. And Allah Knows Best.

A man wishes to offer more than one uḍḥiyah (sacrificial offering), and intends by these sacrifices "on behalf of everyone whom Allah and His Messenger love." Is this intention valid?

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

The uḍḥiyah (sacrificial offering) is not valid with this intention, because if the sacrificial animal is from sheep or goats, it suffices for one person only; and if it is from cattle or camels, it suffices for seven persons.

However, one may sacrifice it on his own behalf, and then gift the equivalent of its reward to whomever he wishes.

Imam ar-Ramlī (raḥimahullāh) says: "Ash-Shāfi‘ī (raḍiyallāhu ‘anh) said: It is within the vastness of Allah's bounty, the Exalted, that He rewards the one giving charity as well. From this, the scholars of the madhhab said: it is recommended for a person to intend the charity on behalf of his parents, for example — for Allah, the Exalted, will reward them, without this diminishing his own reward in any way." He then relates, as the relied-upon position, the permissibility of saying: "O Allah, convey the reward of what I have recited specifically to so-and-so, and to the Muslims generally." Az-Zarkashī said: "For reward varies in degree — its highest form is what one designates specifically, and its lowest form is what one dedicates generally [alongside others]." [End of quote from Nihāyat al-Muḥtāj]. And Allah, the Exalted, knows best.

If a father stops his daughter from getting married, is it permissible for her to conclude the marriage contract herself?

It is permissible for the father to stop his daughter from getting married if there was a lawful reason for that, and she isn`t allowed to conclude the marriage contract without her guardian. However, if her father denied her right in getting married for an unlawful reason, then she should go to court.