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First Master`s Dissertation in Management about the Iftaa` Department
Author : Presenter Wafa` Al-Arrori
Date Added : 02-01-2023

First Master`s Dissertation in Management about the Iftaa` Department

 

Any master`s student or researcher has the right to excel with regards to conducting research and scoring colorful marks. I have put careful thought when choosing a title for this dissertation and I was lucky to choose the General Iftaa` Department of Jordan, which was from a list of institutions, to conduct my study. I found that it represents a unique case since the management of this renowned religious institution accepts objective suggestions and strives to upgrade its performance on the individual and collective levels, in addition to working hard for developing its electronic systems to keep pace with the times. Those in charge of this institution are trustworthy and demonstrate the highest degrees of reliability, honesty, response, and secrecy-by virtue of their nature and heavy responsibility they shoulder-therefore, their electronic requirements will identify with their innate characteristics. This enables the researcher to look for weaknesses, if any, and develop suitable proposals to overcome them.

In compliance with this verse whereas Allah The Most Exalted, Said (What means): {Now hath come unto you a clear (Sign) from your Lord! Give just measure and weight, nor withhold from the people the things that are their due; and do no mischief on the earth after it has been set in order: that will be best for you, if ye have Faith.}[Al-A'raf/85].  As well as it is a confirmation of what Prophet (PBUH) in a sound narration that states: "He who does not thank people does not thank God.}, it is my duty to thank the General Iftaa` Department represented by the venerable Grand Mufti of Jordan Sheikh Abdulkareem Al-Khasawneh who has been very supportive of me and provided whatever I needed to complete the study in a manner that depicts reality without embellishing."

I also extend my thanks to the muftis and the members of the administrative staff for their kind treatment, intellectual and moral maturity, which made me happy for having chosen this Department for my studies in the first place. In fact, this study is entitled "The Effect of the Quality of the Electronic Services on Perceived Expectations in the General Iftaa` Department of Jordan."

The General Iftaa` Department, which is characterized by the quality of its electronic services and the ease of dealing with its electronic windows, has become the focus of attention for whoever seeks fatwa from within and outside the Hashemite Kingdom of Jordan.

Taking the browsing times into consideration, a great number of people have visited the Department`s website which also attracts researchers and seekers of realistic fatwas. In fact, it is one of the top websites at the level of the Muslim states.

Most of the Department`s members are satisfied with the electronic applications they deal with; whether about management of finances or following up fatwa requests.

On the personal level, I was overwhelmed with joy while conducting the study and extracting the findings. This study is dissimilar to many former studies in the sense that it highlights the positive side of the services provided by the Department and making it a standard case to be taken as a model.

Another aspect that increased my sense of happiness and confidence is that this study is the first of its kind to address a topic in the field of "Business Management" in the General Iftaa` Department of Jordan and haven`t explored the core of the Department`s function.

I`m confident that the Department will adopt my study`s recommendations following the words of Umar ibn Al-Khattab (May Allah be pleased with him) who said: "May Allah have mercy on the one who shows me my faults."

Again, I extend my deepest thanks to the Grand Mufti and the staff members of the Iftaa` Department.

 

 

 

 

 

The published article reflects the opinion of its author

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Summarized Fatawaa

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. 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.

"I told my family at night: 'I will fast tomorrow as qaḍā' (a make-up fast),' but I forgot to make the intention before sleeping. Is my fast valid?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
 
The intention is obligatory in acts of worship. For obligatory fasting, the required intention is to resolve to fast during the night [before dawn]. Its proper locus is the heart, while verbalizing the intention out loud in acts of worship is a sunnah — so that the tongue may align with the heart. If the intent behind the statement in question was the intention to fast, then it is valid; but if the intent was merely to inform someone, or reflected hesitation or doubt, then it is not valid.
 
It is stated in *Bushrā al-Karīm* (Vol.1/P.216): "It is a sunnah to verbalize the intention — that is, whatever has already been intended in the heart, whether an obligatory or a voluntary act — such as specifying the number of rak‘ahs, just before the opening takbīr — so that the tongue may assist the heart, and because this is further removed from whispered doubts (waswasah), and in order to accommodate the view of those who held it obligatory in every act of worship that requires an intention (even though this is a minority position), by analogy with Ḥajj."
 
Accordingly: if the intention to fast arose in your heart before the second adhān [i.e., before Fajr], then your fast is valid.
 
And Allah, the Exalted, knows best.

What is the ruling on the ablution of one who washes his arms from the wrist to the elbows?

In the school of Imam al-Shafi'i (may Allah have mercy on him), washing the arms (hands) is achieved by washing the arms completely, from the fingertips to the elbows. Washing only the palms at the beginning is insufficient, as washing them at the beginning is a Sunnah, but after washing the face, it becomes obligatory (fard). The person performing ablution must wash his palms along with the arms after washing the face. If he does not wash his palms, his ablution is invalid and not correct. And Allah the Almighty knows best.