عربي
Home


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

If a person enters a mosque and finds the congregation in the final tashahhud, which is more virtuous — joining them or waiting for a second congregation to catch the opening takbīr (takbīrat al-iḥrām)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a worshipper finds a congregation that is about to finish its prayer, and he hopes to catch the entire prayer from the beginning with another congregation, it is more virtuous for him to pray with this first congregation and then repeat the prayer with the second one — provided he does not intend to confine himself to a single prayer. If, however, he intends to perform only one prayer, then it is more virtuous for him to wait for the second congregation rather than joining the first, so that he may attain the reward of congregational prayer for every single rakʿah.
Al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "If members of a congregation enter the mosque while the imam is in the final tashahhud, al-Qāḍī Ḥusayn held that it is recommended for them to join him in prayer, and that they should not delay in order to form a second congregation. Al-Mutawallī, however, affirmed the opposite view, and al-Qāḍī's own statement elsewhere supports this latter position, which is the relied-upon view. In fact, it is more virtuous for a person who has missed part of the prayer with one congregation, and who hopes to catch another congregation with whom he can attain the entire prayer within its proper time, to delay so that he may catch it in full with them. This applies when he intends to confine himself to a single prayer; otherwise, it is more virtuous for him to pray with the first group and then repeat the prayer with the others." [Mughnī al-Muḥtāj,Vol. 3/P.186] And Allah the Almighty knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

Is it permissible to slaughter a single sheep with the combined intention of both the uḍḥiyyah and the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
According to Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī, it is not permissible to combine the intention of the uḍḥiyyah and the 'aqīqah in a single animal, as each of the two has a distinct and separate cause that differs from the other.
However, Shaykh al-Islām Imam al-Ramlī permitted the combining of both intentions in a single animal — and this position offers a degree of latitude and ease. And Allah Almighty knows best.

The imam recited a verse containing a prostration of recitation (*sajdat al-tilāwah*) but did not prostrate. After the imam's *salām*, a follower (*maʾmūm*) performed a prostration of forgetfulness (*sujūd al-sahw*) because the imam had not performed the prostration of recitation. Is it permissible to go against the imam in this way?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
There is no sin on the imam if he omits the prostration of recitation (sujūd al-tilāwah), even deliberately. The maʾmūm (the one following the imam) is obliged to follow the imam in the prayer, so if the imam does not perform the prostration of recitation, it is not permissible for the follower to prostrate, because the imam is appointed only to be followed.
If the follower introduces a prostration after the imam’s salām but before his own salām, in a case where there is no prostration of forgetfulness (sujūd al-sahw), his prayer is invalidated if he knew it to be prohibited. Otherwise, he is excused on account of his ignorance and his prayer is not invalidated.
It is stated in Ḥāshiyat al-Imām al-Jamal ʿalā Fatḥ al-Wahhāb: “His statement: ‘So the omission of the hayʾāt (the non-essential sunnahs of the prayer) is not compensated for by prostration; if one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to his ignorance.’”
Since this issue is one that is hidden from the laymen, as it is among the subtleties of knowledge, and the laymen are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of this issue is not invalidated, with the necessity of learning the rulings remaining. As for after knowing it, the prayer is invalidated. And Allah Almighty knows best.

See More