About the General Fatwa Department


History of the Fatwa Department:

 

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.

 

The Fatwa Department remained in this state until Sheikh Hamzah al-Arabi was appointed Mufti of the Kingdom by a Royal Decree in 1941.

 

In 1966, the Islamic Religious Endowments system was formed, of which section nine included regulation of fatwa affairs, and the mufti was associated with the Minister of Endowments.  Because of this, the articles stipulated that the Grand Mufti should hold, in partnership with the Director of Preaching and Guidance, periodic meetings for the direction of muftis and the organisation of their work, due to the fact that the muftis were engaged in preaching and guidance as well.

 

Owing to the appearance of new matters in the lives of citizens, and to the multiplicity of issues and the large number of schools of law, the public interest called for the issuing of a decision which formed a fatwa council headed by the Chief Justice.  The council met to examine the following matters: new issues, issues that concern the whole community, issues that are referred to the mufti by public bodies such as ministries or companies.  As for other issues, the Mufti of the Kingdom or the muftis in the cities and governorates would address them.

 

The system of administrative organisation of the Ministry of Religious Endowments advanced, and with it advanced the fatwa system, and so the creation of the Fatwa Department was completed in 1986, although the mufti remained associated with the Minister of Religious Endowments, who in some cases may not have studied Shari'ah; consequently, the Chief Justice remains head of the fatwa council, because the Chief Justice must always be qualified in Shari'ah.

 

Independence of the General Fatwa Department from the Ministry of Religious Endowments:

 

In 2006, a law was passed which declared the independence of the General Fatwa Department from the Ministry of Religious Endowments and other official bodies, and the rank of the mufti became equal to the rank of a minister in the country, and by this the Fatwa Department became independent of other state agencies, and the work of organising and strengthening fatwa affairs is still being conducted by legal scholars and specialists in the sciences of Islamic legislation.  The duties are divided between them, and each section is responsible for care and treatment of one aspect of the needs of the community.

 

Tasks of the Fatwa Department, as determined by law:

 

The law determined the tasks and duties of the department as follows:

 

1. Supervising and organizing of fatwa affairs in the Kingdom.

 

2. Issuing fatwas on general and specific matters in accordance with the provisions of this law.

 

3. Preparing of the required research papers and Islamic studies on important matters and emerging issues.

 

4. Producing a periodic specialist academic journal concerned with the publication of reviewed academic research papers in Shari'ah and Islamic sciences and related fields.

 

5. Cooperating with scholars of Islamic law in the Kingdom and outside of it regarding fatwa affairs.

 

6. Offering opinions and advice in matters presented to it by state agencies.

 

 

Summarized Fatawaa

Is it permissible to slaughter a single sheep with the combined intention of both the uḍḥiyyah and the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
According to Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī, it is not permissible to combine the intention of the uḍḥiyyah and the 'aqīqah in a single animal, as each of the two has a distinct and separate cause that differs from the other.
However, Shaykh al-Islām Imam al-Ramlī permitted the combining of both intentions in a single animal — and this position offers a degree of latitude and ease. And Allah Almighty knows best.

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.

Does undergoing an endoscopy during the day in Ramadan affect the validity of fasting?

Undergoing an endoscopic procedure during the day in Ramadan—whether through the mouth, nose, front private part, or back private part—invalidates the fast.
Whoever undergoes such a procedure must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day after Ramadan.

Is it recommended (mustaḥabb) for the one offering  a voluntary sacrifice (uḍḥiyyat taṭawwuʿ) to eat from its meat?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is highly recommended (Mustahabb) for the person offering a voluntary Udhiyah (sacrificial animal) to eat from its meat, but it is not an obligatory requirement (Wajib). Allah the Almighty says {what means}: "So eat of them and feed the needy who do not beg and the beggar. Thus have We subjected them to you that you may be grateful." (Al-Hajj/ 36)
 
"So eat of them": This directive is an encouraging recommendation, not a binding command.
 
The Qani’ (the needy who do not beg): Refers to a poor person who refrains from asking people for help out of dignity.
 
The Mu’tarr (the beggar): Refers to a poor person who explicitly asks others for assistance. And Allah the Almighty Knows Best.