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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 monetary value for the expiation of an oath (Kaffarat al-Yamin)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The expiation for an oath (Kaffarat al-Yamin) consists of feeding ten (10) needy persons. This is estimated at 600 grams of rice per person. It is also permissible to pay its value in cash, which is estimated at one dinar (per person). And Allah the Exalted knows best.

What are the conditions for a valid Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
First: The age of the animal must meet the Sharia requirements. These requirements vary depending on the type of sacrifice:
 
Camels: Must have completed five years and entered their sixth.
 
Cows: Must have completed two years and entered their third.
 
Goats: Must have completed two years and entered their third. As for Sheep, they must have completed one year and entered their second.
 
Some scholars have permitted goats that have completed one year and entered their second.
 
The Hanafi school, along with an opinion in the Maliki school, permits sacrificing sheep that are at least six months old, provided they are healthy and physically substantial. According to the Shafi’i school, it is permissible if the sheep sheds its front teeth (ajdha') before reaching one year [Al-Iqna’, by Al-Shirbini (Vol.2/P.588)].
 
Second: Soundness and freedom from defects. The animal must be free from any defect that causes a decrease in its meat or market value. This is based on the hadith narrated by Al-Bara' bin 'Azib, that the Prophet (peace be upon him) said:
 
"Four [defects] are not permissible in sacrifices: A one-eyed animal whose blindness is evident, a sick animal whose illness is evident, a lame animal whose lameness is evident, and an emaciated animal that has no marrow in its bones." [Reported by Abu Dawood and Al-Tirmidhi, who graded it as authentic].
 
These defects are detailed as follows:
 
Evident Lameness: It is not permissible to sacrifice a lame animal if the lameness is severe enough to prevent it from walking to the pasture or seeking food, as this leads to a decrease in its meat. However, slight lameness that does not hinder its grazing is overlooked.
 
Evident Blindness (One-eyed): It is not permissible to sacrifice a sheep, cow, or camel that has a white film over its eye blocking light, or one that has lost an eye entirely. Weak vision that does not affect its ability to eat does not prevent the sacrifice from being valid.
 
Evident Illness: An animal with a clear sickness that prevents it from eating or moving is not valid. This includes severe mange (Jarab) that spoils the meat.
 
Extreme Emaciation: An animal so thin that there is no marrow left in its bones is invalid. The standard for emaciation that invalidates the sacrifice is that which spoils the quality of the meat to the point that people would find it undesirable even in times of plenty.
 
Additional Considerations:
These are the defects mentioned in the Prophetic tradition, and any defect that causes emaciation or reduces the meat or value is compared to them by analogy. This includes animals that are mentally unstable (diseased), those with mange, or those with a missing ear. In contrast, a slit or pierced ear does not affect the validity of the sacrifice. And Allah the Almighty knows best.

Is it permissible for a woman to give the ransom (Fidyah) for breaking her fast to her granddaughter (her son`s daughter)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for a woman to give the ransom (Fidya) for breaking her fast in Ramadan to her granddaughter (her son’s daughter), provided that the girl is poor and her basic needs are not being met by the maintenance (Nafaqah) of those who are lislamically obligated to provide for her. And Allah the Exalted knows best.

Does the time of Fajr (dawn) prayer start after the first Athaan (call for prayer), or the second one?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                    The time of Fajr prayer starts after the second Adhan. And Allah Knows Best.

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