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Law Amending the Iftaa` Law



Iftaa' Department


Article (1):

This law shall be cited as "

Law Amending Al-Iftaa` Law/2009", shall be an integral part of Law No. (60)/2006 and shall come into effect after the date of its publication in the official Gazette.

 

Article (2):

Article (2) of the original law shall be amended by deleting the definition of (Mufti) contained therein and replacing it with the following:

 

The word (Mufti) shall refer to any Mufti in Iftaa` Department and its branches in different governorates.

 

Article (3):

Article (7) of the original law shall be amended as follows:

 

First: Item (2) contained in Paragraph (A)shall be deleted and replaced with the following text:

 

An academic staff member specialized in Islamic Fiqh in a faculty of Sharia of one of the Jordanian universities shall be designated by the Grand Mufti.

 

Second: Paragraphs (C) and (D) shall be added with the following two texts:

(C): Notwithstanding paragraph (B) of this Article, any member of the Iftaa` Council referred to in item (6) of Paragraph (A) of this Article may be replaced-during the term of their office-upon a decision by the Cabinet based on a recommendation of the Grand Mufti, if the need arises.

(D): The term of office of any member shall expire in the following situations:

1-Death

2-Resignation

3-Failure to attend three consecutive sessions without an excuse acceptable to the Iftaa` Council.

 

Third: The phrases (at least eight members) and (by a majority vote) contained in Paragraph (C) shall be deleted and replaced with (a two-thirds majority of its members) and (by a majority of its members present) respectively.

 

Fourth: Paragraphs (C), (D) and (E) shall be renumbered as : (E), (F) and (G).

 

Article (4): 

Item (3)/Par. (A)/Art. (8) of the original law shall be amended by adding the phrase (and cases transferred from any official body).

 

Article (5): 

Article (9) of the original law shall be amended by adding the phrase (and its executive secretary) after the phrase (its members).

 

Article (6):

 

The text of Article (10) of the original law shall be deleted and replaced with the following text:

 

Article (10): 

A. The Mufti shall be appointed by a decision of the Iftaa` Council based on recommendation of the Grand Mufti. This is provided that he has at least a bachelor degree in Sharia Sciences and five years passed over his receiving that degree, in addition to having passed the competition conducted by the Iftaa` Dept. according to instructions issued by the Iftaa` Council.

 

B. When appointed in any class of occupation for the first time, the Mufti shall be kept on probation for two years from starting date and the Council shall have the right to terminate his services during this period if it turned out that he is incompetent or morally unsuitable in accordance with considerations that the Council sees fit.

 

C. The Mufti`s services are terminated by the expiry of the probationary period stipulated in Paragraph (B) of this Article unless the Council issues a decision to stabilize him in service.

 

Article (7):

 

Article (11) of the original law shall be amended by deleting Paragraph (G) contained therein.

 

 

 

 

Summarized Fatawaa

What is the ruling on delaying Zakat al-Fitr until after Eid day?

It is forbidden to delay Zakat al-Fitr beyond the sunset of Eid day. If someone delays it past Eid day without a valid excuse, they have committed a sin and must immediately make up for it because their obligation remains unfulfilled, and they must clear their responsibility.

What is the ruling on wiping the white area behind the ears instead of wiping the head?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. Wiping the white area behind the ears suffices for that. And Allah the almighty knows best.

Is my husband entitled to take my salary?

Your salary is yours, and you may give some of it to him as a kind of free-will contribution.

 
What is the ruling on someone who eats or drinks while uncertain about the arrival of dawn, then later finds out that dawn had not yet broken?

If a person does this, their fast remains valid, as it is confirmed that they ate during the night. Similarly, if someone eats while uncertain and remains unsure whether they ate before or after dawn, their fast is still valid. This is based on the maxim of Sharia Law, which states: "Certainty is not removed by doubt." Certainty, here, is the presence of night, and the doubt concerns the arrival of dawn. Therefore, one relies on certainty and disregards doubt.

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