Resolutions of Iftaa' Board



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

Is it a condition that a woman should untie her locks while making Ghusl (ritual bath)?

Ghusl from Janabah (ritual impurity), or menstruation obligates that water reaches the roots of the hair in order for the Ghusl to be valid, but if it doesn`t, then hair locks must be untied for water to reach them, and for Ghusl to become valid.

What is the ruling on one who performs ablution or the ritual bath while having nail polish?

Nail polish must be removed before ablution or ritual bath so that water reaches what is beneath it, because it is a barrier that prevents water from reaching that area. This is based on the hadith narrated by Ali (may Allah be pleased with him) from the Prophet (peace be upon him): "Whoever leaves a hair's breadth of his body unwashed from major impurity, such and such will be done to him in the Fire." (Reported by al-Bukhari). And Allah the Almighty knows best.

What is the ruling of Islam on swearing by Allah without intending to take an actual oath?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone swears by Allah without intending to take an actual oath, and without the firm resolve to bind themselves to it, then there is no sin or expiation (Kaffarah) required of them. Allah the Exalted says {what means}: 'God will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts; and He is Oft-forgiving, Most Forbearing.' [Al-Baqarah/225]. However, a Muslim should avoid swearing oaths excessively so that their tongue does not become accustomed to it. Allah the Exalted says {what means}: 'And make not God’s (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons; for God is One Who heareth and knoweth all things.
' [Al-Baqarah/224]. And Allah the Exalted knows best."

Is it permissible for someone who is unable to fast to pay the fidyah (ransom/compensation payment) to himself, due to his own poverty?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not permissible, nor does it fulfill the obligation, for a sick person who is currently and permanently unable to fast to pay the fidyah (ransom/compensation payment) to himself, since it is a financial obligation owed by him, established as a standing debt upon him — much like any other debt he owes. If he were to pay it to himself, it would not thereby be discharged. So if he cannot find [anyone eligible to] pay it to, it remains a standing obligation upon him, and is not thereby waived. If Allah, the Mighty and Majestic, later grants him wealth, it becomes obligatory upon him to pay it out to the poor and needy.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "There is no difference in the obligation of the fidyah between the wealthy and the poor person; its benefit lies in its remaining established as a standing debt upon the poor person [until he is able to pay it] — and this is the more correct position (al-aṣaḥḥ), as indicated by the wording of ar-Rawḍah and its source text." [Mughnī al-Muḥtāj, Vol.2/P.174]
Accordingly: it is not permissible for a Muslim to pay the fidyah to himself while he remains poor. If the sick person is poor, he is not obligated to pay the fidyah immediately, and it remains a standing debt upon him until a time when he has sufficient means and wealth. And Allah, the Exalted, knows best.