Statement on the so-Called "Deal of the Century"

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Can a woman leading other women in Tarawih prayer recite aloud?

Yes, a woman leading other women in Tarawih prayer is allowed to recite aloud, as long as no non-mahram (other than unmarriageable kin) men can hear her.

What is the ruling of Islamic Law on following the actions of the imam in prayer and how this following is achieved?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

The follower (ma'mum) is required to follow his imam in the actions of the prayer. This "following" (mutaba'ah) means that the follower performs each action of the prayer after the imam has begun it but before he has finished it. For example, the follower bows (in ruku') after the imam has reached the position of bowing, then rises after the imam has risen. The Prophet, peace and blessings be upon him, said: "The imam is only appointed to be followed, so when he says the takbir, say the takbir; and when he bows, then bow; and when he prostrates, then prostrate" (agreed upon, i.e., reported by both al-Bukhari and Muslim).

It is stated in Mughni al-Muhtaj (1/505): "Among the conditions of valid congregational prayer (iqtida') is following the imam in the actions of the prayer... meaning that following the imam is obligatory in the physical actions of the prayer, not in its verbal utterances... Complete following (kamal al-mutaba'ah) is achieved when the follower's beginning of an action comes after the imam's beginning of that same action, while the follower's beginning of the action precedes the imam's completion of it" — end of quote, with slight paraphrasing.

And Allah, the Exalted, knows best.

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.

It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.

Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."

Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].

However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.

Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].

Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].

If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

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Statement on the so-Called "Deal of the Century"

Author : The General Iftaa' Department

Date Added : 30-01-2020

In the Name of Allah, the Entirely Merciful, the Especially Merciful

Statement on the so-Called "Deal of the Century"

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

The General Iftaa` Department censures and rejects the so-called "Deal of the Century" and affirms that Jerusalem is the capital of Palestine and that the Hashemite custodianship over it is amongst the non-negotiable, religious and national principles. It also affirms the right of the Palestinians to live on their national territory and that none has the right to surrender a bit of sand from the land of Palestine. Jordan will continue to defend Jerusalem, its holy sites and the blessed land of Palestine, and this is the position of all Jordanians led by His Majesty King Abdullah II. Allah Says (What means): "And God hath full power and control over His affairs; but most among mankind know it not." [Yousef/21].

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Summarized Fatawaa

What should someone do if they fasted for only 28 days in their country and then traveled to a place where Eid has already been declared?

If a person fasts in their country and then travels to another country where Eid has been declared, they must celebrate Eid with the people of that country.

● If their total fasts add up to 29 days, nothing is required of them.

● However, if they have only fasted 28 days, they must make up one day after Eid, because an Islamic month cannot be only 28 days.

What is the ruling of Islamic Law on a father shaking hands with his son’s wife after she has been divorced three times?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

The wife of one’s son is among the women permanently prohibited to the husband’s father as soon as the marriage contract is concluded, based on the saying of Allah the Exalted: “Prohibited to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brother’s daughters, your sister’s daughters, your foster mothers, your foster sisters, your wives’ mothers, and your stepdaughters under your guardianship [born] of your wives with whom you have consummated marriage. But if you have not consummated marriage with them, there is no sin upon you. [Also prohibited are] the wives of your sons who are from your loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful.” [al-Nisāʾ/23]

This prohibition begins once the son’s marriage contract with his wife is complete, and it remains in force even if the son separates from her before consummation or before any seclusion (khalwah) with her. It is therefore permissible for the father to shake her hand and to be alone with her, provided there is no fitnah (temptation) and no suspicion.

It is stated in ʿUmdat al-Sālik (p. 204): “It is forbidden to marry… the wives of one’s fathers and of one’s sons. All of these women become prohibited by the mere contract, … all of that being a permanent prohibition.” End quote, with slight adaptation. And Allah Almighty knows best.

What is the ruling on a vowed animal sacrifice?

A vowed animal sacrifice is to be distributed amongst the poor and needy, and neither the vow-maker, nor those supported by him are to eat from it.

Does passing wind, from the anus without a smell, invalidate prayer?

If a person is certain of having passed wind even if it was with no smell, then both his/her ablution and prayer are invalidated, thus he/she should remake ablution and re-perform prayer.