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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

Should a prayer performer who forgets to offer the middle Tashahod (saying ash-hadu anala ilaha ila-alah) offer Sujood As-Sahw (prostration of forgetfulness)?

He/she should offer two prostrations of forgetfulness at the end of the prayer. And Allah Knows Best.

What are the conditions for the validity of the slaughtering process according to Sharia?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Regarding the Sharia-mandated conditions for the validity of the slaughtering process (Adh-Dhabh), they are as follows:
 
The Identity of the Slaughterer: The person performing the slaughter must be either a Muslim or from the People of the Book (Christian or Jewish).
 
The Required Cuts: Both the trachea (windpipe/breathing passage) and the esophagus (food passage) must be completely severed.
 
Stability of Life: The animal must possess stable life at the start of the slaughtering process. This is identified by clear signs, such as vigorous movement or the forceful gushing of blood after the throat and esophagus are cut.
 
The Tool of Slaughter: The tool used must be sharp, capable of cutting or piercing by its edge and not by its sheer weight or blunt force.
 
And Allah the Almighty knows best.

Is it permissible for one who sacrifices on behalf of another, with the latter's permission, to eat from the sacrifice?

It is permissible for someone who sacrificed on behalf of another with their permission to eat from it with their permission, and they stand in their place (act as their representative) in distributing it.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.8/P.141): "And he—meaning the one sacrificing on his own behalf, provided he has not apostatized—has the right to eat from a voluntary sacrifice and his sacrificial gift; rather, it is recommended. As for an obligatory sacrifice, it is forbidden for him to eat from it, whether it was designated as such initially or as a liability in his dhimmah. And excluded by what has preceded is if he sacrifices on behalf of another, or if he apostatized, then it is not permissible for him to eat from it, just as it is absolutely impermissible to feed a disbeliever from it."(The text I found indicates the impermissibility of eating) ???
 
And it is stated in Hashiyat al-Jamal ‘ala Sharh al-Manhaj (Vol.5/P.262): "If a person offers a sacrifice on behalf of a living person with their permission, does he act as their representative in distributing it—on the grounds that permission to sacrifice is permission to distribute it—or does it depend on their explicit permission? This requires consideration, but the first view is not far-fetched." And Allah the Almighty knows best.

Does collecting saliva and swallowing it break the fast?

Swallowing collected saliva does not break the fast, but it is an unnecessary and meaningless act.