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

The woman while in a state of Ihram (ritual consecration) is obligated to uncover her face and hands, but at the same time permitted to let her head-covering garment drape from her head down over her face when non-Mahram (i.e., marriageable) men pass by her. And Allah Knows Best.

Who is the one deemed "able" (al-qādir), for whom the uḍḥiyah (sacrificial offering) is sunnah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The one who is deemed "able" (al-qādir) [to perform the uḍḥiyah, i.e., the sacrifice] is someone who possesses wealth sufficient to acquire the sacrificial animal, over and above what is needed to cover his own living expenses and the living expenses of his wife and children — or of anyone else whose financial support (nafaqah) is legally obligatory upon him — for the day of ‘Eid and the three days of Tashrīq [that follow it], since this is the designated time period for the sacrifice. And Allah, the Exalted, knows best.

What is the ruling on men wearing rings (those made of silver and of other metals, such as iron), and are there conditions for men wearing rings?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is sunnah for men to wear a silver ring on the right hand, following the practice of the Prophet (peace and blessings be upon him). It is reported in Ṣaḥīḥ al-Bukhārī, on the authority of Anas ibn Mālik (may Allah be pleased with him), that the Messenger of Allah (peace and blessings be upon him) took a silver ring and had “Muḥammad Rasūl Allāh” engraved on it. He said: “I have taken a ring of silver and had ‘Muḥammad Rasūl Allāh’ engraved on it, so let no one engrave the like of its engraving.”
It is a condition that the silver ring not exceed the size customary in the local norm (ʿurf). If it does, that is extravagance (isrāf). A ring made of a metal other than silver, such as iron or copper, is permissible to wear without disapproval (karāhah), except gold, which is forbidden (ḥarām) for a man to wear.
It is stated in Mughnī al-Muḥtāj (Vol.1/p.586): “It is permissible, without disapproval, to wear a ring of iron or lead. It is sunnah for a man to wear a silver ring on the little finger of his right or left hand. Wearing it on the right is better, and it is permissible on the left, and on both together.”
It is also stated in Mughnī al-Muḥtāj (Vol.2/p.97): “It is lawful for him, that is, the man, and likewise the khunthā (person of indeterminate sex), indeed all the more so, to wear a ring of silver, by consensus (ijmāʿ), because the Prophet (peace and blessings be upon him) took a ring of silver, narrated by the two Shaykhs (al-Bukhārī and Muslim). Wearing it is in fact sunnah, whether on the right or the left, though the right is better according to the sound position, as stated in the chapter on clothing in al-Rawḍah… The Shāfiʿī jurists did not specify the permitted size of the ring, and they probably relied on custom (ʿurf), that is, the custom of that country and the habit of people of his standing in it. Whatever exceeds that is extravagance, as they said regarding a woman’s anklet. This is the reliable position (al-muʿtamad).” And Allah Almighty knows best.

What is the ruling of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.