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Al-Iftaa` Administrative Organization Regulation



Iftaa' Department


 

Article (1):

This regulation shall be cited as "Al-Iftaa` Administrative Organization Regulation/2007" and shall come into effect after the date of its publication in the official Gazette.

Article (2):

The following words and expressions, wherever used in this Regulation, shall have the meanings hereunder assigned to them, unless the context otherwise provides:

-The Grand Mufti: Grand Mufti of the Hashemite Kingdom of Jordan.

-The Department: General Iftaa` Department.

-The Secretary General: Secretary General of Iftaa` Department

-The Mufti: Any Mufti at the Department or its branches in governorates.

Article (3):

The organizational structure of the department shall consist of:

A-The Grand Mufti.

B-The Secretary General.

C-The Muftis.

D-The following directorates:

1-The Directorate of Islamic Research and Studies.

2-The Directorate of Public Relations & Media.

3-The Directorate of Administrative & Financial Affairs.

4-The Directorate of Bureau.

H-The following two units:

1-Internal Auditing.

2-Information Technology (IT).

I-Iftaa` offices in governorates.

Article (4):

An Iftaa` office shall be established in every governorate and shall be supervised by a Mufti.

Article (5):

A-The Secretary General shall be associated with the Grand Mufti and shall be responsible before him for the flow of work at the Department or any of its branches.

B-Muftis shall be administratively associated with the Secretary General.

C-Managers of directorates and units shall be associated with the Secretary General, and each shall be responsible before him for delivering the tasks & obligations entrusted to them.

Article (6):

A-A committee shall be established at the Department cited as (Planning Committee). It shall be presided by the Grand Mufti, and the following names shall be members:

1-The Secretary General-Vice president.

2-Muftis cited by the Grand Mufti.

3-Managers of directorates at the Dept.

B-The committee shall undertake the following tasks and obligations and report the proper recommendations to the Grand Mufti:

1.Studying the Department`s plan of action and proposing the best methods of development to enable the Dept. to deliver its message.

2-Preparing job classification system of the Dept.

3-Preparing draft laws, regulations and instructions pertaining to the function of the Dept.

4-Preparing the annual budget draft and the man-power table budget of the Dept.

5-Any other matters transferred by the Mufti.

C-The committee shall convene upon invitation of its chair or vice chair, in case the former was absent, at least once a month or whenever the need arises. Its meeting shall constitute a quorum by the attendance of two thirds of the members; provided that the chair or his deputy is amongst them, and recommendations shall be adopted through, at least, the majority voting of the members.

D-The Grand Mufti shall name an employee as secretary of the committee. The latter shall be entrusted with preparing the agenda, following up meetings invitations, keeping record of sessions, following up the execution of recommendations and filing documents and correspondence.

E-The Chair of the committee may invite whoever he sees fit from the employees of the Dept. or others, seeking their professional opinion on issues presented to the committee, but without giving them the right to vote.

 

Article (7):

A-Based on a letter from the Secretary General, the Grand Mufti shall have the right to establish, abolish or merge any directorate or unit at the Dept.

B-Based on a letter from the manager in question, the Secretary General shall have the right to establish, abolish or merge any department or section in a directorate or an office.

Article (8):

The Grand Mufti shall issue the instructions needed for the implementation of the provision of this regulation, including the following:

A-Specifying the tasks of directorates and units and the responsibilities of their managers.

B-Classifying jobs at the Dept.

C-Defining the relationships and the channels of communication and coordination amongst the different directorates, units, and sections at the Dept.

 

Article (9):

Iftaa` Regulation (17/1997) shall be abolished.

Summarized Fatawaa

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

Is it incumbent on the fiancée to obey her fiancé?

When the woman settles in her husband`s house, it is incumbent on him to provide for her and it is incumbent on her to obey him. Before that, and if the marriage contract had been concluded, then she is lawfully his wife and thus she should abide by custom in treating him, but if the marriage contract hadn`t been concluded, then she should treat him as a non-Mahram (Marriageable).

I have a date farm, and the dates come in different categories, and within each category there are different sizes. How is zakāh paid on the yield?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the yield reaches the niṣāb (the minimum threshold for zakāh to become obligatory) — which is five awsuq (plural of wasq), equivalent to (611) kg — then zakāh becomes obligatory upon it, at a rate of one-tenth ('ushr) if irrigated by rainwater (i.e., naturally, without the use of machinery), or one-twentieth (half of the 'ushr) if irrigated using machinery/equipment.
If the yield of dates consists of different varieties, then zakāh should be paid from each variety according to its respective proportion. If this proves difficult, it is permissible to pay from a medium-quality variety [representative of the average].
It is stated in Ḥāshiyatā Qulyūbī wa ‘Umayrah (Vol.2/P.22): "Different varieties are combined together [for the purpose of calculating the niṣāb] — such as the various types of dates, the various types of raisins, and so on — and zakāh is paid from each type according to its respective proportion. However, if this becomes difficult due to the large number of varieties and the small quantity of each individual type, then zakāh should be paid from a medium-quality variety among them — neither the best nor the worst — out of consideration for both sides [the giver and the poor recipient]. If one goes to the trouble of paying from each variety according to its proportion, this is also permissible." And Allah, the Exalted, knows best.

What type of illness that permits breaking the fast in Ramadan?

It is an illness that, if one fasts, there is a fear it may lead to their death or cause unbearable hardship.

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