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Achievements of Iftaa` Department (1430 AH-2009 AD)
Author : The General Iftaa` Department
Date Added : 23-10-2022

Achievements of Iftaa` Department (1430 AH-2009 AD)

 

Based on the directives of His Majesty King Abdullah II, the General Iftaa` Department has been playing an effective role in society through clarifying the rulings of Sharia to the people in a transparent and moderate approach. In 2006, a law was passed which declared the independence of the Department from the Ministry of Religious Endowments and other official bodies. The law determined the tasks and duties of the Department as follows:

 

1. Supervising and organizing of Fatwa affairs in the Kingdom.

2. Issuing Fatwas on general and specific matters in accordance with the provisions of this law.

3. Preparing of the required research papers and Islamic studies on important matters and emerging issues.

4. Producing a periodic specialist academic journal concerned with the publication of reviewed academic research papers in Shari'ah and Islamic sciences and related fields.

5. Cooperating with scholars of Islamic law in the Kingdom and outside of it regarding fatwa affairs.

6. Offering opinions and advice in matters presented to it by state agencies.

 

The Grand Mufti shall be in charge of running the Department`s affairs, the flow of the work and the execution of the Iftaa`s general policy with the assistance of a team of Muftis in the Department`s headquarter and the governorates.

 

On its part, the Department has done several activities through which it reached out to society and directed fellow citizens to act upon the teachings of Sharia to achieve, as Allah promised, happiness in this world and the next life.

 

This communication has reflected society`s keenness on acting upon the teachings of Sharia, Department`s credibility, and people`s faith in fatwas issued by it.

 

Following are the Department`s most notable achievements of last year:

First: Fatwas Issued by the Department.

In 2009, the Department issued (159318); an average of (639) for each working day. These fatwas were distributed as follows:

 

1- Fatwas on Divorce. (24422) fatwas divided between valid divorce (12764) and invalid divorce (11658). The percentage of the questions on divorce constituted (15.3%) from the overall number of questions. As for the rest of the questions, they were divided between acts of worship, transactions, personal status, Islamic Creed, Tafsir (Interpretation), Hadith, and social problems.

2- Fatwas on other Issues.

 

- Verbal Questions. The asker is directly transferred to one of the Muftis. The total of this type of questions posed during personal interviews conducted inside the Department has reached (15107).

- Written questions. In this regard, the asker fills out the written fatwa form, and then the question is transferred to one of the Muftis or researchers in the Department to prepare the answer supported by the proper evidence and sayings of the jurists. After that, the answer is submitted to a committee formed for this end. After the committee adopts it, the answer is submitted to the Grand Mufti for approval or modification, as he deems appropriate. Finally, the fatwa is sent to the asker. This type of questions has reached the total of (181).

 

3- Fatwas Delivered over the Telephone.

The asker calls the Department. He is transferred to one of the Muftis. The Mufti listens to the question and gives the appropriate answer. The number of questions asked via this method reached (79680).

 

4- Fatwas Via SMS.

Recently, the Iftaa` Department has contracted some telecommunications companies to provide the service of delivering Fatwas through SMS and E-Government services. The total number of such messages has reached (36822).

 

5- Seeking Fatwas Via the Department`s Website and E-Mail.

After launching the electronic website, the Department started receiving questions from all over the world. A committee composed of eminent Muftis give special care to these questions and provide scientific answers for them. Afterwards, the answers are directly submitted to the Grand Mufti for approval or modification. The total number of questions sent via the website (WWW.Aliftaa.jo) has reached (2295) while the the questions sent via the e-mail ([email protected]) has reached (811) questions.

 

Second: Prints and Bulletins Issued by the Department.

The Department has issued a monthly bulletin under the name (Al-Iftaa`) in which research papers, articles, and research fatwas of Muftis are published. The bulletin is also concerned with fatwas issued by the Department. This bulletin will be, Insha`Allah, an introduction to the issuance of the Iftaa`s peer-reviewed journal.

 

Third: Muftis` Participation in Media and Reaching out to Local Society.

The Muftis have participated in a number of conferences, TV shows, dialogue seminars, religious lectures, and Friday sermons delivered at the mosques of the Ministry of Awqaf year-round.

 

 

 

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Summarized Fatawaa

What fulfills the requirement of Suhoor?

Suhoor is fulfilled by eating even a single date or drinking a sip of water, anytime after midnight and before Fajr, with the intention of strengthening oneself for fasting.

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.

What are the key differences between the 'aqīqah and the uḍḥiyyah?

 All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The following are the key differences between the 'aqīqah and the uḍḥiyyah:
First: The 'aqīqah is slaughtered as an act of drawing closer to Allah the Almighty and expressing gratitude for the blessing of a newborn child. The uḍḥiyyah, on the other hand, is slaughtered as an act of drawing closer to Allah and expressing gratitude to Him specifically during the days of slaughter (ayyām al-naḥr).
Second: The 'aqīqah is performed on the seventh day from the birth of the newborn, whereas the uḍḥiyyah is performed on Eid al-Aḍḥā and its time extends for three days after the Eid.
Third: The 'aqīqah is performed once in a lifetime for the newborn, whereas the uḍḥiyyah is recommended every year for the one who is financially capable to offer it.
Fourth: It is Sunnah for the one intending to offer the uḍḥiyyah to refrain from cutting his hair and nails until after he has slaughtered. This is not a Sunnah for the one intending to perform the 'aqīqah.
Fifth: It is Sunnah for the 'aqīqah to be cooked and distributed to the poor in its cooked form. The uḍḥiyyah, by contrast, must be distributed as raw meat. And Allah Almighty knows best.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

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