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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

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

What is the ruling on forgetting an integral of the prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Whoever forgets an integral (Rukn) of the prayer and remembers it before reaching the equivalent point in the subsequent unit (Rak'ah), must return to it (i.e., perform it) and complete his prayer, then perform the prostration of forgetfulness (Sujud al-Sahw) at the end of his prayer. However, if he remembers it after reaching the equivalent point in the subsequent unit, the Rak'ah in which the integral was forgotten is invalidated, and the current unit takes its place; he then completes a full Rak'ah to compensate and performs the prostration of forgetfulness.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.1/P.543): 'If he becomes certain at the end of his prayer, or after the Salam—provided the interval is not long according to custom and he has not stepped on an impurity—that he omitted a prostration from the final Rak'ah, he must perform it and repeat the Tashahhud, as his previous Tashahhud occurred before its proper place. If the omission was from a Rak'ah other than the final one, he must perform a full Rak'ah, because the deficient unit was completed by a prostration from the subsequent one, rendering the rest of that subsequent unit void.' And Allah the Exalted knows best.

Does post-natal bleeding (Nifas) stop before forty days after childbirth?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Yes, post-natal bleeding (Nifas) can cease before the completion of forty days. If the bleeding stops completely and its return is not expected, the woman has attained ritual purity (Taharah), even if forty days have not yet passed. And Allah the Exalted knows best.

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