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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 ablution invalidated when blood comes out of the nose, or a wound?

Blood coming out of the nose, or a wound does not invalidate ablution, but it is preferable to make ablution as a way out of the scholars disagreement in this regard.

Is it incumbent on a father to cover the marriage costs of his son if the latter couldn`t afford them?

The son should seek the help of his relatives in order to convince his father to do the aforesaid, and the father should make sure that his son doesn`t commit fornication through helping him to get married, and Allah will reward him for doing so.

If the bleeding ceases after 40 days following childbirth, but then returns intermittently during two days of fasting, what is the ruling?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Whenever the post-natal bleeding (Nifas) ceases and the woman is certain it will not return, she has become pure; therefore, she must perform the ritual bath (Ghusl) and resume praying and fasting. However, if the blood returns within fifteen days of its cessation and before sixty days have passed since the delivery, the ruling of Nifas applies once again. Consequently, any fasting or prayer performed during that interval of purity is rendered invalid; she must make up for the missed fasts of those days, but she is not required to make up for the prayers. And Allah the Exalted knows best.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).
Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.