Clarification from Iftaa` Department

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Summarized Fatawaa

Can Zakah or Zakat al-Fitr be given to a poor brother?

Yes, it is allowed to give Zakah or Zakat al-Fitr to a poor brother, as he is considered among the eligible recipients.

What is the ruling of Islamic Law on one who died owing debts and left no wealth? Is it obligatory upon the heirs to settle these debts?

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

The general rule is that if a person dies owing rights to other people, such as debts, these are settled from his estate, if he left any wealth, before the estate is divided. The Prophet (peace and blessings be upon him) said: “The believer's soul is suspended by his debt until it is settled for him.” Graded ḥasan by al-Tirmidhī. Repayment of debts takes precedence over the heirs’ right to inheritance.

If the deceased left no estate, or left wealth that was insufficient to cover his debts, it is not obligatory for the heirs to pay from their own wealth, but it is recommended for them to do so, because the deceased’s dhimmah (legal liability) remains occupied by the debt. It is reported in some narrations that he remains held in suspension until his debt is paid, and it is not part of filial righteousness for a child to leave his father’s dhimmah burdened with debt.

All of the children may contribute to settling the debt on behalf of their father and cooperate in doing so, even in installments, according to their ability. And Allah Almighty knows best.

How is night prayer offered?

Night prayer is offering voluntary prayer after Maghrib and before Fajr (Dawn). As for Tahajjud, it is offering voluntary prayer at night after waking up voluntarily, and for Allah`s sake as He Says (What means): "And pray in the small watches of the morning: (it would be) an additional prayer (or spiritual profit) for thee: soon will thy Lord raise thee to a Station of Praise and Glory!" [Al-Isra`/79]. Offering Tahajjud is better than offering voluntary prayer before going to bed.

Is it obligatory to have an intention (niyyah) for every prayer?

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

It is obligatory for the worshiper to have a specific intention (Niyyah) for every prayer, meaning they must consciously intend the act of worship they are performing. The intention is a pillar (Rukn) of the prayer, and the prayer is not valid without it. It is not a requirement to utter the intention verbally; rather, doing so is considered a recommended Sunnah. And Allah the Exalted knows best.

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Clarification from Iftaa` Department

Author : The General Iftaa' Department

Date Added : 08-09-2022

Clarification from Iftaa` Department

The General Iftaa` Department celebrates along with all Jordanians the Anniversary of the Royal Accession to the Throne and takes pride in all the gains achieved since the founding of the kingdom until now. It takes this opportunity to congratulate His Majesty King Abdullah II on the twentieth anniversary of his accession to the throne. In the meantime, it stresses that it is the duty of every citizen to preserve and take part in the advancement of our country at all levels.

Moreover, the Iftaa` Department confirms that it hasn`t recently issued a statement regarding patriotic songs and calls on media to avoid using the religion for unprofessional incitement during such significant national occasions.

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Summarized Fatawaa

What is the ruling of Islamic Law on Making up Prayers Missed before Reaching Puberty?

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

Among the conditions for accountability for one's actions in the Hereafter is taklīf (religious legal responsibility) — meaning, possessing sound reason and having reached puberty. The signs of puberty are: nocturnal emission, menstruation, or reaching the age of fifteen [lunar years].

Whoever missed prayers before reaching puberty is not obligated to make them up, since taklīf did not yet apply to him at that time. Our master, the Prophet ﷺ, said: "The pen has been lifted from three: from the child until he reaches puberty, from the sleeping person until he wakes, and from the insane person until he regains sanity." [Related by Abū Dāwūd]

The method for making up missed prayers and fasts has already been explained in Fatwa No. 2705, and Fatwa No. 876. And Allah, the Exalted, knows best.

What is the ruling on a second congregation [being formed] in the mosque?

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

It is disliked to deliberately seek to establish a second congregation in a mosque that is not one frequented by transient passersby — such as a neighborhood mosque with a regular, appointed imam — unless permission is granted by that imam, since doing so implies criticism and an affront to him. However, if the mosque is one frequented by transient passersby — such as mosques located in marketplaces — then a second or even third congregation is permissible there, whether or not it has a regular, appointed imam, and whether or not that imam gives his permission. This is because such mosques experience a continuous flow of people coming and going, so no implication of criticism toward the imam is perceived in the formation of multiple congregations in that setting. And Allah, the Exalted, knows best.

Is it permissible for the person who hasn`t made wudu` (state of minor ritual impurity) to perform the Adhan?

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

It is disliked (Makruh) for a person in a state of minor ritual impurity (Hadath Asghar) to perform the Adhan. However, if he does so, his Adhan is considered valid and fulfills the sunnah of the Adhan despite it being disliked. And Allah the Exalted knows best.

"If the fidyah becomes obligatory upon a pregnant or nursing woman because she broke her fast out of fear for her child, is it obligatory from her own wealth, or from her husband's wealth?"

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

The fidyah (ransom/compensation payment for breaking the fast) is obligatory from the wife's own wealth, and is not obligatory upon the husband unless he voluntarily chooses to pay it on her behalf.

It is stated in Mughnī al-Muḥtāj (Vol.2/P.174): "If the two [the pregnant woman and the nursing mother] fear for the child alone — such as a pregnant woman fearing miscarriage, or a nursing mother fearing that her milk supply would decrease, thereby endangering the child — then both the qaḍā' (making up the missed fast) and the fidyah become obligatory upon them, to be paid from their own wealth." And Allah, the Exalted, knows best.