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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

My father passed away before my grandfather. Am I entitled to any share of my grandfather`s inheritance?

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.
According to Islamic courts, you are entitled to what is called obligatory bequest (The distribution of estate to grandchildren who has either lost a parent before the death of the grandparents). Therefore, if your grandfather left such bequest for you, then take that share or else it is more prudent to take nothing. And Allah The Almighty Knows Best. 

A man donated a burial plot, but before registering it in favor of the Ministry of Awqaf and before burying anybody there he said that he didn`t want to donate it and planted it. What is the ruling of Sharia on this?

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.

If he had endowed it as a cemetery, then he can`t take it back, even if he didn`t register it in favor of the Ministry of Awqaf. If he said: "I have endowed this plot as a cemetery, then it becomes an endowment." However, if he didn`t endow that plot-but it was his intention to do so-then he is allowed to back down. And Allah The Almighty Knows Best.

I am a disabled woman who has vaginal discharges and can`t control her urine. Therefore, I combine prayers. Is that permissible?

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 his family and companions. According to the Hanbali doctrine, it is permissible for the sick to combine prayers. In your case(Asker), it is better that you delay the noon prayer until a few minutes before the afternoon prayer in order to minimize the time span between the two and perform each alone. In addition, you can do the same with sunset and evening prayers. Finally, we ask Allah to bless you with recovery. And Allah knows best.

Is it permissible for a woman to uncover her face while performing Umrah(minor Hajj)?

The woman who is in a state of Ihram(ritual consecration) should uncover her face and hands, but it is permissible for her to let her head-covering garment drape from her head down over her face when non-Mahram (i.e., marriageable) men pass by her.

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