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Al-Iftaa` Administrative Organization Regulation



Iftaa' Department


 

Article (1):

This regulation shall be cited as "Al-Iftaa` Administrative Organization Regulation/2007" 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 Regulation, shall have the meanings hereunder assigned to them, unless the context otherwise provides:

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

-The Department: General Iftaa` Department.

-The Secretary General: Secretary General of Iftaa` Department

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

Article (3):

The organizational structure of the department shall consist of:

A-The Grand Mufti.

B-The Secretary General.

C-The Muftis.

D-The following directorates:

1-The Directorate of Islamic Research and Studies.

2-The Directorate of Public Relations & Media.

3-The Directorate of Administrative & Financial Affairs.

4-The Directorate of Bureau.

H-The following two units:

1-Internal Auditing.

2-Information Technology (IT).

I-Iftaa` offices in governorates.

Article (4):

An Iftaa` office shall be established in every governorate and shall be supervised by a Mufti.

Article (5):

A-The Secretary General shall be associated with the Grand Mufti and shall be responsible before him for the flow of work at the Department or any of its branches.

B-Muftis shall be administratively associated with the Secretary General.

C-Managers of directorates and units shall be associated with the Secretary General, and each shall be responsible before him for delivering the tasks & obligations entrusted to them.

Article (6):

A-A committee shall be established at the Department cited as (Planning Committee). It shall be presided by the Grand Mufti, and the following names shall be members:

1-The Secretary General-Vice president.

2-Muftis cited by the Grand Mufti.

3-Managers of directorates at the Dept.

B-The committee shall undertake the following tasks and obligations and report the proper recommendations to the Grand Mufti:

1.Studying the Department`s plan of action and proposing the best methods of development to enable the Dept. to deliver its message.

2-Preparing job classification system of the Dept.

3-Preparing draft laws, regulations and instructions pertaining to the function of the Dept.

4-Preparing the annual budget draft and the man-power table budget of the Dept.

5-Any other matters transferred by the Mufti.

C-The committee shall convene upon invitation of its chair or vice chair, in case the former was absent, at least once a month or whenever the need arises. Its meeting shall constitute a quorum by the attendance of two thirds of the members; provided that the chair or his deputy is amongst them, and recommendations shall be adopted through, at least, the majority voting of the members.

D-The Grand Mufti shall name an employee as secretary of the committee. The latter shall be entrusted with preparing the agenda, following up meetings invitations, keeping record of sessions, following up the execution of recommendations and filing documents and correspondence.

E-The Chair of the committee may invite whoever he sees fit from the employees of the Dept. or others, seeking their professional opinion on issues presented to the committee, but without giving them the right to vote.

 

Article (7):

A-Based on a letter from the Secretary General, the Grand Mufti shall have the right to establish, abolish or merge any directorate or unit at the Dept.

B-Based on a letter from the manager in question, the Secretary General shall have the right to establish, abolish or merge any department or section in a directorate or an office.

Article (8):

The Grand Mufti shall issue the instructions needed for the implementation of the provision of this regulation, including the following:

A-Specifying the tasks of directorates and units and the responsibilities of their managers.

B-Classifying jobs at the Dept.

C-Defining the relationships and the channels of communication and coordination amongst the different directorates, units, and sections at the Dept.

 

Article (9):

Iftaa` Regulation (17/1997) shall be abolished.

Summarized Fatawaa

A man led the people in prayer as imam, and at the end of the prayer he performed a prostration of forgetfulness (*sujūd al-sahw*) because he had omitted a short *sūrah* after al-Fātiḥah. What is the ruling on his prayer and that of those praying behind him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
According to the Shāfiʿī school, it is sunnah to recite a sūrah after al-Fātiḥah in the prayer. One who omits it has a valid prayer, and no prostration of forgetfulness (sujūd al-sahw) is prescribed for omitting it. If someone performs sujūd al-sahw for its omission while knowing the ruling and remembering it, his prayer is invalidated. But one who is ignorant of the ruling, or who did so out of forgetfulness, his prayer is not invalidated, because this is among the matters that are obscure to people, and ignorance of it is not restricted to those who recently entered Islam.
Shaykh al-Islām al-Shams al-Ramlī said in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj (Vol.2/p.70): “The remaining sunnahs are not compensated for by prostration, such as the remembrances (adhkār) of bowing and prostration, that is, the opening supplication (duʿāʾ al-iftitāḥ) and the sūrah, in accordance with the base rule, because they are not of the same nature as what has been reported [as compensable]. If one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to ignorance. As for the objection raised that the ignorant person does not know that sujūd al-sahw is prescribed, and whoever knows it knows its place, this is refuted by denying such a necessary connection, for the ignorant person may hear only that sujūd al-sahw is prescribed before the salām, and so assume that it applies to every sunnah and is not restricted to its prescribed place.”
This is among the matters that are obscure, in which the mukallaf is excused for ignorance, as stated by al-Shabrāmallisī in his Ḥāshiyah ʿalā Nihāyat al-Muḥtāj (Vol.2/p.70).
However, if the imam prostrates, and the follower (maʾmūm) presumes that his imam’s prostration is for a reason for which one does not prostrate, it is not permissible to follow him in it, so long as the follower knows the ruling.
Accordingly, the prayer of one who did not recite a sūrah after al-Fātiḥah is valid, and sujūd al-sahw is not prescribed for it. Whoever prostrates out of ignorance or forgetfulness, his prayer is valid, because this is among the issues hidden from the general public. But whoever prostrates while knowing the ruling and remembering it, his prayer is invalidated. And Allah Almighty knows best.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

What is the ruling on brown discharge before the menstrual period? Is it considered part of menstruation (Hayd)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Dusky discharge (Kudrah), reddish discharge (Humrah), and yellowish discharge (Sufrah) are all considered menstruation (Hayd) if they occur during the time of the menstrual cycle. If their duration exceeds a day and a night, and the period persists from the first sight of the discharge until the cessation of the menstrual blood—provided the total duration does not exceed fifteen days—then all of it is menstruation. However, if the duration exceeds fifteen days, then the discharge is not considered menstruation, but rather chronic irregular bleeding (Istihadah). And Allah the Exalted knows best.

What is the ruling on performing istinja' after passing wind from the anus?

Ablution is invalidated by passing wind from the anus, even without a smell. Only ablution becomes obligatory from it. Istinja' is not obligatory nor recommended. And Allah the Almighty knows best.

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