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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 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.

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. What is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)
However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.
Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, knows best.

In the Sharia-compliant viewing  at a prospective bride (*al-naẓrah al-sharʿiyyah*), is it permissible for the man to see the woman without a veil (*ḥijāb*)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is sunnah for the suitor to see the woman he is seeking to marry within the limits the Sharīʿah permits, namely looking at the face and the hands (palms and backs), based on the saying of the Prophet (peace and blessings be upon him): “Look at her, for it is more likely to bring about harmony between you.” Narrated by al-Tirmidhī.
The suitor may also ask one of the women to look at the woman he is seeking to marry. In that case, she is permitted to see of her what she is normally permitted to see, which is not limited to the face and hands, and she then describes these matters to the suitor. It is narrated on the authority of Anas (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) sent Umm Sulaym to look at a girl, and said: “Smell her breath, and look at her heels.” Narrated by Aḥmad in his Musnad.
It is stated in Tuḥfat al-Muḥtāj (Vol.7/p.192): “For one who cannot easily look, or does not wish to look himself, it is sunnah to send someone who is permitted to look at her, to observe her and describe her to him, even regarding what he himself is not permitted to look at. He thereby gains through the sending what he would not gain through looking. Because of the added need for this, it is excepted from the prohibition of a woman describing another woman to a man.”
The permissibility of looking is conditional upon his resolve to marry her once he is able to, his predominant assumption that his proposal will be accepted, and his assumption that the woman is free of marriage and of a waiting period (ʿiddah). Otherwise, looking is forbidden.
Accordingly, it is not permissible for the suitor to look at anything other than the face and hands. He may ask one of his maḥram women, such as his mother or sister, to see the woman unveiled, and the Sharia-compliant viewing (of a prospective bride) must take place in the presence of one of the woman’s maḥrams. And Allah Almighty knows best.

What should a person do if they suffer from an incurable illness that prevents them from fasting?

A person who has an illness that is not expected to be cured and prevents them from fasting must feed a needy person one mudd (600 grams) of food (such as wheat or rice) for each missed day instead of fasting.
Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184].

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