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Al-Iftaa` Law



Iftaa' Department


Article (1):

This law Shall be cited as "Al-Iftaa` Law/2006" and shall come into effect after the date of its publication in the official Gazette.

Article (2):

The following words and expressions, wherever used in this Law, shall have the meanings hereunder assigned to them, unless the context otherwise provides:

-The Fatwa: Ruling of Sharia on any general or specific matter.

-The Grand Mufti: Grand Mufti of the Hashemite Kingdom of Jordan.

-The Department: General Iftaa` Department established in accordance with the provisions of this Law.

-The Council: Council of Iftaa`, Research and Islamic Studies established in accordance with the provisions of this Law.

-The Mufti: Any Mufti at the Department or its branches in governorates.

Article (3):

An independent department shall be established in the Hashemite Kingdom of Jordan under the name(General Iftaa` Department)to deliver the following tasks, as determined by Law: 

1. Supervising and organizing of Fatwa affairs in the Kingdom.

 

2. Issuing Fatwas on general and specific matters in accordance with the provisions of this law.

 

3. Preparing of the required research papers and Islamic studies on important matters and emerging issues.

 

4. Producing a periodic specialist academic journal concerned with the publication of reviewed academic research papers in Shari'ah and Islamic sciences and related fields.

 

5. Cooperating with scholars of Islamic law in the Kingdom and outside of it regarding fatwa affairs.

 

6. Offering opinions and advice in matters presented to it by state agencies.

 

Article (4):

 

The Department shall be considered a Jordanian corporate identity that enjoys financial as well as administrative independence. In this capacity, it shall have the right to possess movables and immovables and execute all legal measures including the conclusion of contracts, acceptance of aid, donations, gifts, grants, wills, endowments..etcetera, provided that this doesn`t conflict with its objectives. It shall also have the right to litigation and to deputize the civil public defender, or any other attorney, to initiate legal procedures on its behalf.

 

Article (5):

 

The Grand Mufti shall be in charge of running the Department`s affairs, the flow of work and the execution of the Iftaa` s general policy.

 

Article (6):

A. The Grand Mufti is appointed by a royal decree, with the rank, salary and powers of a minister, and is relieved from his post in the same method. 

B. It is stipulated that whoever assumes the position of Grand Mufti must have at least a bachelor degree in Sharia Sciences, twenty years have passed over his receiving that degree, enjoys the scholarly ability and experience qualifying him to deliver Fatwas, and is of good conduct and reputation.

 

Article (7):

A. A council under the name "Council of Iftaa`, Research and Islamic Studies" shall be established in the Hashemite Kingdom of Jordan presided over by the Grand Mufti and the membership of each of the following:

1-A judge from the Sharia Court of Appeal named by the Supreme Judge.

2-A staff member from the Faculty of Sharia, at any of the official Jordanian universities, specialized in Islamic Jurisprudence named by the Grand Mufti.

3-Mufti of the Jordan Armed Forces-Arab Army.

4-Mufti of Amman Governorate.

5-A scholar of any of the Sharia Sciences from the Ministry of Awqaf and Islamic Affairs named by the Minister.

6-Five scholars of Sharia Sciences.

 

B. Members mentioned in clause (6/A) of this Article shall be appointed by a decision from the cabinet based on placement by the Grand Mufti, and for four renewable years. It is conditioned that all of them are eminent scholars known for their exquisite research and studies in the field of Sharia Sciences. They should also have at least a bachelor degree in Sharia Sciences and five years have passed over their receiving that degree.

C. Despite what`s mentioned in clause(B) of this article, it is permissible to replace any of the Council members referred to in clause(6), during the period of their membership, by decision from the cabinet based on placement by the Grand Mufti, if need arises for that.

D. Membership of a council member shall be terminated in the following cases:

 

1-Death.

2-Resignation.

3-Absence for three consecutive sessions with no acceptable excuse.

 

H. The Council shall select from amongst its members a vice-president. It shall convene once a month, at least, and whenever the need arises, by invitation from its president or his deputy, in case the former was absent. Their meeting shall be legal if two thirds were present, provided that the president or his deputy, in case the former was absent, was attending. In case votes were equal, the party in whose favor the president votes is given preference.

 

I. The Council shall have the right to invite experts, on issues included on its agenda, to attend its sessions to give their professional opinion, but without giving them the right to vote.

 

J. The Grand Mufti shall name one of the Muftis as executive secretary of the Council.

 

Article (8):

A. The Council shall deliver the following tasks and shall enjoy the following powers:

1-Setting up the general policy of Iftaa` in the Hashemite Kingdom of Jordan.

2-Supervising the scientific affairs of Iftaa` and drawing up plans needed to organize it and elevate its status.

3-Providing the ruling of Sharia on general emerging issues that need Ijtihad(Independent reasoning), and matters that need studying and researching of various legal schools(Mathahib), in addition to cases referred to the Department from any government body.

4-Issuing Fatwas on matters presented to it.

5-Studying suggested laws and bylaws referred to it for clarifying the ruling of Sharia on them.

6-Evaluation of scientific research presented by scholars of Sharia, upon the request of the Council or the Grand Mufti, and in accordance with instructions it issues to this end.

 

B. The council may hire researchers and scholars of Sharia, and determine their compensations according to instructions it issues to that end.

 

Article (9):

 

The Chairman, the members and the executive secretary of the Council shall be given a compensation to be determined by decision of  the cabinet based on placement by the Grand Mufti.

 

Article (10):

A. The Mufti shall be appointed by a decision from the Council based on placement by the Grand Mufti. This is provided that he holds a bachelor degree in Sharia Sciences, at least, and five years have passed over his receiving that degree, and after passing the recruitment test conducted by the Iftaa` Department, and organized according to instructions issued by the Council to that end.

B. The Mufti, when appointed for the first time and regardless of rank, shall have a two-year trial period from the date of beginning work, and the Council shall have the right to terminate his services during that period if it found out that he was incompetent or unpresentable. This is according to the considerations that the Council sees fit.

C. The service of the Mufti shall be considered terminated upon the end of the trial period referred to in clause (B), unless a decision was issued by the Council to keep him in service.

 

Article (11):

A. The Grand Mufti shall issue Fatwas on cases presented to him, and shall refer to the Council issues that are within its jurisdiction.

B. Fatwas issued by the Grand Mufti and the Iftaa` Council shall be kept in a special record.

C. Each Mufti shall issue Fatwas, within his area of jurisdiction, on legal issues of personal nature, and shall refer other issues to the Grand Mufti.

D. The Mufti shall keep Fatwas that he issues in a special record, and shall send a copy of each to the Grand Mufti.

E. The Grand Mufti shall abide by the effective Civil Status Law and the opinions arrived at through Ijtihad of Sharia courts, in case the subject of the Fatwa pertained to issues of civil status.

 

Article (12):

A. It isn`t permissible for any person or party to issue Fatwas on general matters, contrary to the provisions of this law.

B. It is prohibited for any person or party to impugn and question Fatwas issued by the Council and the Grand Mufti for the sake of defamation.

 

Article (13):

Fatwas are issued free of charge.

 

Article (14):

Effective laws and regulations shall apply to staff and all affairs of the Dept.

 

Article (15):

The financial resources of the Dept. are:

A. Allocations from the state budget in accordance with the special budget of the Iftaa` Dept., as approved by the Council.

B. Gifts, donations and grants. This is provided that the cabinet sanctions these if they come from a foreign source.

Article (16):

The grand Mufti shall present an annual report, about the inner-workings and activities of the Department, to the parliament, senate and cabinet.

 

Article (17):

Any text or ruling in any other legislation shall be abolished in accordance with the degree of contradiction with the provisions of this law.

 

Article (18): 

The cabinet shall issue the necessary regulations to execute the provisions of this law.

Summarized Fatawaa

What is the ruling on making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."

What should a person do if they suffer from an incurable illness that prevents them from fasting?

A person who has an illness that is not expected to be cured and prevents them from fasting must feed a needy person one mudd (600 grams) of food (such as wheat or rice) for each missed day instead of fasting.
Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184].

Is it permissible for women to attend Tarawih prayer in the mosque?

Yes, it is permissible for women to attend Tarawih prayer in the mosque, provided they observe modesty, proper covering, and avoid mixing with men.
The Prophet ﷺ said: "Do not prevent the female servants of Allah from the mosques of Allah." [Bukhari and Muslim]

Does passing wind from the anus affect ritual purity?

Ablution is nullified by the passing of wind from the anus, but washing the anus is not required as wind leaves no impurity.

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