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Resolutions of Iftaa' Board

Resolution No.(290): "Jordan`s Position Paper on Abortion"

Date Added : 15-07-2020

Resolution No. (290) (10 /2020) by the Board of Iftaa`, Research and Islamic Studies:

"Jordan`s Position Paper on Abortion"

Date: (29th of Shawwal, 1441 AH), corresponding to (21/6/2020).

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

In its 9nth meeting held on the above date, the Board of Iftaa`, Research and Islamic Studies reviewed the letter of the Prime Minister Dr. Omar Razzaz in which he requested studying the attached documents about "Jordan`s Position Paper on Abortion"  and delivering the ruling of Sharia on that.

After thorough consideration, the Iftaa` Board decided the following:

The content of the paragraphs attached under the heading "Jordan`s Position Paper on Abortion" complies with the Ijtihad related to the ruling of Sharia on abortion and in which the objectives of Sharia were taken into consideration.

We (Iftaa` Board) recommend making some changes that are deemed essential for the completion of the Sharia opinion in the above paper. They are as follows:

First: "Raising awareness of the unlawful and the unsafe sexual relations within all groups of society, (P.6)." We recommend changing "Raising awareness" into "Warning against" while changing "Unlawful" and "Unsafe, wherever they occur, into "Relationships outside of valid marriage."

Second: About the heading "Including Sexual Education, (P.5)" We recommend adding "In a manner consistent with our social values and the principles of Islamic Law."

Third: We recommend adding the General Iftaa` Department to the implementers in the paragraphs entitled "Including Sexual Education" and "Raising religious awareness."

Fourth: "Opening reproductive health clinics for the young, male and female, (P.5)." We recommend linking this with "In a manner consistent with our social values and the principles of Islamic Law."

Fifth: We also recommend linking the same phrase with "By nomination from the competent authorities," in margin No.(12), the system of forming an ethics board. And Allah The Almighty Knows Best.

 Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad al-Khalayleh/Member

Dr. Mahmoud al-Sartawi, Member

Sheikh Sa`eid Al-Hijjawi, Member

Dr. Majed al-Darawsheh, Member

Dr. Ahmad al-Hasanat, Member

Judge Khalid Woraikat, Member (I recommend deleting the term "Sexual Education")

Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed/Member

Dr. Jamil Khatatbeh/Member

Dr. Mohammad Younis Al-Zou`bi/ Member

 

 

 

 

 

 

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Summarized Fatawaa

What is the ruling on using a miswak (tooth-stick) during the day in Ramadan?

It is permissible to use a miswak before noon while fasting. However, according to the Shafi'i school, it is disliked (makruh) after noon in order to preserve the natural effect of fasting in the mouth, as the Prophetﷺ said in authentic hadith:
"The breath of a fasting person is more pleasant to Allah than the fragrance of musk."

Is it permissible for the guardian to give Sadaqa (voluntary charity) from the money of the orphans?

It is impermissible for the guardian to donate from the money of the orphans because he is entrusted with the safekeeping of that money, and is prohibited from donating it.

What is the ruling of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.

What are the categories of the livestock permissible for Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
An Udhiyah (sacrificial offering) is only valid if it is selected from Al-An'am (livestock), which includes: camels, cattle, and sheep or goats—whether male or female, and even if castrated. Allah Almighty says {what means}: "And for all religion We have appointed a rite [of sacrifice] that they may mention the name of Allah over what He has provided for them of [sacrificial] livestock." (Al-Hajj/ 34)
 
In terms of preference, camels are considered the best choice, followed by cattle, then sheep, and finally goats.
A single sheep or goat is valid as a sacrifice on behalf of one person. However, a single camel or cow can be shared by up to seven people. This is based on the narration of Jabir (may Allah be pleased with him), who said: "In the year of Al-Hudaybiyah, we sacrificed along with the Messenger of Allah (peace and blessings be upon him) a camel on behalf of seven people, and a cow on behalf of seven people." (Narrated by Muslim)
 
(Note: The term "Badanah" used in the original Arabic text specifically refers to a camel in this context). And Allah the Almighty Knows Best.

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