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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

Is the `Iddah (waiting period) of the divorced effective from the time the divorce took place, or from the time of registering it at the court?

It is considered effective from the very moment her divorce took place, but not from the time of registering it at the court. 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 Muslim woman to uncover her hair in the presence of a Christian woman?

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
According to the reliable opinion of the Shafie School of Thought, this isn`t permissible. However, some scholars stated that it is permissible for a woman to uncover what she usually uncovers while doing housework, but this differs from one place to another where some women uncover their hair while some don`t. However, this is provided that a woman doesn`t uncover her hair in the presence of non-Mahram men (Men permissible for a woman to marry). And Allah The Almighty Knows Best.

Do certain vaginal discharges and incontinence of urine nullify ablution, and should underwear be changed?

A person afflicted with constant impurity due to urinary incontinence and vaginal discharges is obliged to make ablution for every obligatory prayer when its time is due, and after removing Najaasah (impurity), and wearing a clean diaper. He/she is obliged to pray immediately even if the impurity is being released, and he/she is obliged to remake ablution, and the aforementioned for every obligatory prayer.