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The Iftaa` Department Refrains from Interfering in the Judiciary
Author : The General Iftaa` Department
Date Added : 23-03-2023

The Iftaa` Department Refrains from Interfering in the Judiciary

 

 

Some media reported that the General Iftaa` Department refrained from issuing a Fatwa on the inadmissibility of the testimony of the woman who doesn`t wear Hijab.

 

In response to this claim, the Department wishes to make clear that the requested Fatwa is related to a case pending before the court. Therefore, it refrained from issuing that Fatwa to ensure the impartiality and independence of the judiciary system, the integrity of its provisions and non-interference in its affairs, as provided for in the legislations in force. This is to achieve justice and preserve the rights of the litigants.

 

The Department asserts that non-interference in cases pending before the court is its adopted approach since its establishment to safeguard the integrity of litigation from any external influences.

 

Only Allah leads to prosperity and guides to the straight path•

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Summarized Fatawaa

I am a wholesale gold trader. My clients are retail gold shop owners. I sell them gold jewelry and ornaments on credit, and they repay me in weekly installments over a period of two months or more. The payments are made in cash for the labor charges and for the gold they owe me. In return, they may give me either cash or used gold.
 

It is not permissible to sell gold or silver on an installment basis or with a deferred payment; rather, immediate exchange is required. The Messenger of Allah (PBUH) said: "Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt, like for like, hand to hand. Whoever gives more or asks for more has engaged in usury; the giver and receiver are the same in this regard." (Muslim). Additionally, the weight of the gold must be equal when exchanging new for used; otherwise, it involves usury. The solution is to buy the used gold with cash, then sell the new gold for cash as well. However, payment must be made at the time of the transaction in both cases. Alternatively, one could take the used gold with the intention of refining it, reshape it into a new form, or repair it, then take a fee for the workmanship or repair. And Allah Knows Best

Talking to one's fiancée in Ramadan with romantic talk may lead to arousal, and if pre-ejaculate fluid (Madhy) is discharged as a result, it does not break the fast. However, it is advised to avoid actions that provoke desire and lead to this outcome. If semen (Mani) is discharged as a result, it does break the fast.
 
 
 
 
 

 

 

 

The discharge of Madhy doesn't invalidate one's fasting but it invalidates the ablution and his clothes must be washed because they are impure in this case. As for Mani, it breaks one's fast and making up invalidataed  is obligatory, beside; a Muslim suitor should abstain from these matters during Ramadan and not to degrade the holy month to this extent. And Allah Knows Best.

My mother inherited a share from my late father`s and brother`s property; however, the inheritance, a piece of land, wasn`t divided amongst the eligible heirs because it was hard to sell. While alive, she used say that she wanted these shares to be distributed amongst the poor and needy. What is the ruling of Sharia on this?

All perfect praise be to Allah, the Lord of the worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
This is a will, so we have to consider the estate she had left behind. If the piece of land, which she had willed, equals one third and less of her estate, then the will must be executed. But, if it is more than one third, then one third must be executed and the rest of the estate, if the heirs agreed, is to be executed  as part of her will as well. However, if the heirs haven`t approved of that, then what remains, excluding that one third, must be divided amongst them according to the Islamic rules of inheritance. Moreover, we recommend that you pay a visit to the Iftaa` Department to make things clearer for you. And Allah The Almighty Knows Best.

Is it permissible for a person to give the Zakah (obligatory charity) to his daughter-in-law?

Yes, it is permissible for a person to give the Zakah to his daughter-in-law if she was poor, and none provided for particularly by whom are obliged to provide for her. And Allah Knows Best.