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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 is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

The imam recited a verse containing a prostration of recitation (*sajdat al-tilāwah*) but did not prostrate. After the imam's *salām*, a follower (*maʾmūm*) performed a prostration of forgetfulness (*sujūd al-sahw*) because the imam had not performed the prostration of recitation. Is it permissible to go against the imam in this way?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
There is no sin on the imam if he omits the prostration of recitation (sujūd al-tilāwah), even deliberately. The maʾmūm (the one following the imam) is obliged to follow the imam in the prayer, so if the imam does not perform the prostration of recitation, it is not permissible for the follower to prostrate, because the imam is appointed only to be followed.
If the follower introduces a prostration after the imam’s salām but before his own salām, in a case where there is no prostration of forgetfulness (sujūd al-sahw), his prayer is invalidated if he knew it to be prohibited. Otherwise, he is excused on account of his ignorance and his prayer is not invalidated.
It is stated in Ḥāshiyat al-Imām al-Jamal ʿalā Fatḥ al-Wahhāb: “His statement: ‘So the omission of the hayʾāt (the non-essential sunnahs of the prayer) is not compensated for by prostration; if one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to his ignorance.’”
Since this issue is one that is hidden from the laymen, as it is among the subtleties of knowledge, and the laymen are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of this issue is not invalidated, with the necessity of learning the rulings remaining. As for after knowing it, the prayer is invalidated. And Allah Almighty knows best.

What is the ruling on forgiving a tenant next month's rent, with the intention of counting it toward zakāh al-māl?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It does not fulfill the obligation to count the rent owed on a house, or a portion of it, in lieu of zakāh. Rather, it is necessary to first transfer ownership of the zakāh amount to the poor person directly; only afterward may he be asked to pay the rent [from that money].
It is stated in ‘Umdat as-Sālik (p. 112): "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]."
We would also remind [the reader] of the ḥadīth of the Prophet ﷺ: "The Muslim is the brother of the Muslim: he does not wrong him, nor does he abandon him [to harm]. Whoever attends to the needs of his brother, Allah, the Mighty and Majestic, will attend to his needs. Whoever relieves a Muslim of a hardship, Allah, the Mighty and Majestic, will relieve him of one of the hardships of the Day of Resurrection. And whoever conceals [the faults of] a Muslim, Allah will conceal him on the Day of Resurrection." (Agreed upon). And Allah, the Exalted, knows best.

Is it permissible to eat from an Udhiyah slaughtered on behalf of a deceased person?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to eat from the sacrifice (uḍḥiyyah) that is offered on behalf of a deceased person. This is the madhhab (school of thought) of the Hanbalis. In this case, the heirs take the place of the deceased as if he were alive, with the same rights to eat from it, give it in charity, and offer it as a gift.
 
It is stated in Maṭālib Uli al-Nuhā (Vol.2/P.472): "Offering a sacrifice on behalf of a deceased person is better than offering one on behalf of a living person, because the deceased is unable (to perform deeds) and is in need of reward. It is to be treated like a sacrifice on behalf of a living person in terms of eating, giving charity, and giving gifts." And Allah Almighty knows best.

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