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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

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

I said to my wife: "You are forbidden to me in bed as is my sister." What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
You have to fast for two consecutive months before having an intercourse with her. If you can`t, then you have to feed sixty poor persons; a meal for each that is equal half a JD. And Allah The Almighty Knows Best.

Is it permissible to have sexual intercourse with pregnant wife? 

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.
There is no sin in having sex with one`s pregnant wife as long as there is no medical condition preventing her from that. And Allah The Almighty Knows Best.

Is it permissible for a wife`s family to demand her husband to divorce her although she doesn`t want that?

It is forbidden for them to do that in case their daughter doesn`t want divorce unless there was a sin that continues as long as the marriage survives.

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