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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 praying in congregation at the mosque?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Congregational prayer (Salat al-Jama‘ah) is a communal obligation (Fard Kifayah) for resident men regarding the performance of the prescribed (obligatory) prayers. For men, praying in congregation at the mosque is better than praying elsewhere, such as at home. On the authority of Abdullah bin Umar, the Messenger of Allah ﷺ said: 'Prayer in congregation is twenty-seven degrees more excellent than the prayer of a person alone' (Reported by Bukhari & Muslim). Furthermore, on the authority of Abu Hurayrah, the Messenger of Allah ﷺ said: 'Shall I not tell you that by which Allah erases sins and raises ranks?' They said, 'Of course, O Messenger of Allah.' He said: 'Performing wudu thoroughly despite difficulties, taking many steps toward the mosques, and waiting for the next prayer after the prayer; that is your Ribat (steadfastness)' (Narrated by Muslim).
 
As for a woman, her praying in congregation at home is better for her than in the mosque, according to the saying of our Master the Prophet ﷺ: 'Do not prevent your women from attending the mosques, but their homes are better for them' (Narrated by Abu Dawood). Young boys should be encouraged to attend the mosques and congregational prayers so they may become accustomed to them. And Allah the Exalted knows best.

Is it permissible for a wife to give her money to her family as a charity, or a gift without asking her husband, or seeking his consent?

The wife has the right to give her money as a charity, or a gift to her family, or to other people after consulting her husband out of respect, and this is the meaning of treating on footing of kindness and equity. Therefore, if he wanted to stop her from helping her family, then there is no harm in not telling him.

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 offer condolences to a non-Muslim?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to offer condolences (Ta'ziyah) to a non-Muslim upon the death of their relatives. This constitutes a form of benevolent treatment (Birr) that we have been commanded to observe. Allah Almighty states {what means}: "Allah does not forbid you from those who do not fight you because of religion and do not expel you from your homes—from being righteous toward them and acting justly toward them. Indeed, Allah loves those who act justly." (Surah Al-Mumtahinah, 60:8). And Allah Almighty knows best.

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