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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`m in love with a certain man, and want to marry him in particular, but my family refused that, what should I do?

The father should know what is in the best interest of his daughter and consider her situation. On her part, the daughter should trust her father`s view point as far as suitors are concerned. Moreover, it is prohibited for any woman, or girl to get involved in a relation with a non-Mahram (Marriageable man).

If the fasting of nine years has accumulated upon me, I wish to make them up by dividing them over several years, as it is difficult to fast them all in one year due to their large number. Consequently, expiation will be due on me. Is it permissible to pay the expiation after completing all the make-up fasts, even if it takes years?
 
 
 
 
 

If the fasting was broken due to a valid legal excuse, it is permissible to divide the make-up fasts over several years based on one’s ability. However, if a person passes away before completing the make-up fasts, the heirs must fast on their behalf or feed one needy person for each missed day.
If the fasting was broken without a valid excuse, one must hasten to make it up. Should the person die before completing the make-up fasts, the heirs must either fast or feed the needy on their behalf. As for the expiation, it is calculated after completing all the make-up fasts. And Allah Knows Best.
 
 
 
 
 

I am a woman, and my natural menstrual cycle lasts six days. In the evening, I perform the testimony (Tashahhud) for myself, and then I engage in sexual intercourse with my husband. After intercourse, I experience bleeding, either immediately or the next day. Is my intercourse with my husband during this time forbidden?
 

It seems that your menstrual cycle lasts seven days, not six. Therefore, you should wait until the bleeding stops, then perform ghusl and pray. And Allah Knows Best.

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.