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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

A woman died at the age of ninety. Her living children are nine: two sons and two daughters. The youngest of her grandchildren, from her son who passed away one year before her, is aged thirty-two. Are these grandchildren entitled to the obligatory bequest although they are aged thirty-two and above?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
A Muslim isn`t obligated to leave a bequest to his grandchildren whose father had passed away; rather, this act is recommended. Therefore, if he left a bequest whereby they get less than one third of the estate then Allah will reward him for that. However, if he left no bequest for them then they get nothing because their paternal uncles are alive and they are closer to the deceased and more entitled to inherit him. This is the position of the four schools of Islamic jurisprudence. However, the Personal Status Law didn`t adopt this position; rather, it gave them the same amount to which their father is entitled when alive but his father or mother are dead; provided that it doesn`t exceed one third of the estate. Therefore, we advise them (Grandchildren) to relinquish this share of the inheritance. If not, then we advise their paternal uncles to overlook the amounts taken from their shares and given to their paternal nephews. And Allah The Almighty Knows Best.

Is it permissible for the woman who is observing Iddah after the death of her husband to exchange calls with her relatives and husband`s family call?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is permissible for the woman who is observing Iddah* after death of husband to exchange calls with them; however, when she speaks to non-Mahrams , she shouldn`t be soft of speech and she should be straight to the point. This because Almighty Allah Says (What means): "O ye wives of the Prophet! Ye are not like any other women. If ye keep your duty (to Allah), then be not soft of speech, lest he in whose heart is a disease aspire (to you), but utter customary speech." [Al-Ahzaab/32]. And Allah The Almighty Knows Best.
 

 [1] The iddah is a waiting period that a Muslim woman observes after the death of her husband or after a divorce. The Quran says: For those men who die amongst you and leave behind wives, they (the wives) must confine themselves (spend iddah) for four months and ten days.

What is the Islamic ruling when parents oblige their son or daughter to divorce or marry, and this actually takes place, although it is against their will?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
When the husband utters the word of divorce, without being forced or threatened, divorce takes place and we recommend that you visit the General Iftaa` Dept. to be given the suitable advice in this regard. And Allah The Almighty Knows Best.

What is the ruling on working for orphans' institution?

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
There is no sin in working for orphans` institution. And Allah The Almighty Knows Best.