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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

Which takes precedence: the 'aqīqah or the uḍḥiyyah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is an act of worship through which a servant draws closer to Allah the Almighty in gratitude for the blessing of a newborn child. It is a confirmed Sunnah for those who are financially capable, and Allah does not burden any soul beyond what it can bear.
However, the uḍḥiyyah takes precedence, as it is a confirmed Sunnah established from the Prophet ﷺ through stronger and more numerous narrations — indeed, the Ḥanafī scholars hold it to be obligatory. Furthermore, its time is narrow and limited, expiring with the passing of the days of Eid, whereas the 'aqīqah may be delayed until one becomes financially capable of performing it.
And Allah Almighty knows best.

Is it permissible for a woman to perform the obligatory prayer immediately after the adhan and before the Iqamah is performed in the mosque?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Yes, it is permissible for a woman to perform the obligatory (Fard) prayer immediately after the Adhan (call to prayer) and before the Iqamah (call to commence prayer) is performed in the mosque. And Allah the Exalted knows best.

Is it required for a discerning child to make the intention at night if they wish to fast?

If a discerning child wishes to fast during Ramadan, they must make the intention at night because intention is one of the pillars of fasting, even though fasting is not obligatory for them.

What are the legal and religious consequences for a charitable organization in the event that a sacrificial animal is damaged or spoiled after slaughter?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Charitable organizations entrusted with slaughtering sacrificial animals (uḍḥiyyah) and distributing their meat on behalf of their owners are obligated to safeguard the meat from spoilage, damage, theft, and any other harm. This is because such organizations act as agents (wukalā') on behalf of those offering the sacrifice, and an agent holds what is entrusted to them in trust (amānah) — whether they receive a wage for their work or act on a voluntary basis.
If the sacrificial animal is damaged after slaughter during the processes of packaging, transportation, or storage due to negligence or oversight — whether on the part of the organization's own staff overseeing the operation, or on the part of third parties contracted by the organization such as transport or shipping companies — then liability falls upon the negligent party, who is required to compensate for the value of the sacrifice. It is not permissible to cover such compensation from the organization's other donor funds.
However, if the damage to the sacrificial animal occurs without any negligence in its preservation and storage on the part of any party involved in the transportation, shipping, or storage process, and is instead attributable to force majeure circumstances beyond their control, then no financial liability is borne by any party in such a case. And Allah Almighty knows best.