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Instructions for Selecting Muftis



Iftaa' Department


Resolution No.(22/2014) by the Board of Iftaa`, Research and Islamic Studies:

 

"Instructions for Selecting Muftis, No. (2)/2008"

 

Answer: All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

 

During its fifth session held on (6/Rabee` Awal/1436 AH), corresponding to(28/12/2014), and based on Article(10) of the Iftaa` Law No.(60)/2006, the Board decided to issue instructions No.(2) for selecting Muftis in compliance with the amendment of the Iftaa` Law/2009, which stipulated making some adjustments  on instructions No.(1)/2008. Instructions No. (2) shall read as follows:

 

Article (1): 

These instructions shall be cited as "Instructions for Selecting Muftis, No. (2)/2008, issued by virtue of the Iftaa` Law No. (60)/2006," and shall come into effect after the date of its publication in the official Gazette.

 

Article (2):

The following words shall have the meanings hereunder assigned to them:

-The Department: General Iftaa` Department. 

-The Grand Mufti: Grand Mufti of the Hashemite Kingdom of Jordan.

-The Council: Council of Iftaa`, Research and Islamic Studies.

-The Mufti: Any Mufti at the Department or any of its branches in governorates.

-The Committee: Committee assigned by the Grand Mufti to conduct the competitive examinations for selecting Muftis.

 

Article (3):

The Dept. shall conduct competitive examinations for occupying the position "Mufti" and shall announce the date and conditions in the local official Gazette.

 

Article (4):

Applicant must meet the following conditions:

-Jordanian.

-Holds a PhD in Sharia Sciences.

-Or,holds, at least, a BA in Sharia Sciences (Rating good), and five years have passed, at least, over his obtaining that degree.

-Five years' experience in the field of specialty.

-Enjoys good conduct; not sentenced for a crime or an offence and enjoys full civil rights.

 

Article (5):

The Grand Mufti shall form one committee to prepare and correct the examination papers, and another to conduct the personal interviews. The examinees` papers are given number tags instead of names and corrected as such.

 

Article (6):

1-The examination material shall consist of:

Page One: Islamic Jurisprudence (All branches), Fundamentals of Islamic Jurisprudence and Personal Status Law in effect.

Page Two: Interpretation of the Quran, Aqidah(Creed) and Arabic language.

2-Each page shall be out of (100), but the passing score for page one shall be (70%) and (60%) for page two.

 

Article (7):

The committee shall interview applicants who passed the written exam. Each interviewer shall give the score that he sees fit for each interviewee. The interview score shall be the average of the scores given by all members. The final score shall be out of (100), and the passing score shall be (70%).

 

Article (8):

In addition to the instructions included in article (6), the personal interview shall also consider an interviewee`s mastery of the rules of Quranic recitation, charisma, general information, enthusiasm and adherence to unified Islamic dress code. One who passes the interview and both pages of the written exam succeeds.

 

Article (9):

Whoever succeeds shall be hired as Mufti by virtue of a resolution issued by the Iftaa` Board based on placement by the Grand Mufti, and in accordance with the vacancies.

 

Article (10): The Grand Mufti shall issue the proper decision regarding any case that haven`t been addressed in the above instructions.

Summarized Fatawaa

What is required of a traveler or a sick person if they broke their fast and then their excuse ceased?

If a traveler settles or a sick person recovers after having broken their fast, it is recommended for them to refrain from eating and drinking for the rest of the day, but it is not obligatory.

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.

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

Is it enough to say Tasbeeh (Saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood ) once, or twice during Rukoo`(Bowing in prayer) and Sujood (Prostration)?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                  Yes, saying Tasbeeh once during Rukoo` and Sujood is enough, provided that the worshiper`s attentiveness of the heart isn`t undermined during each. As regards the recompense, it depends on the number of Tasbeeh. And Allah Knows Best.

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