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Instructions for Selecting Muftis



Iftaa' Department


Resolution No.(22/2014) by the Board of Iftaa`, Research and Islamic Studies:

 

"Instructions for Selecting Muftis, No. (2)/2008"

 

Answer: All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

 

During its fifth session held on (6/Rabee` Awal/1436 AH), corresponding to(28/12/2014), and based on Article(10) of the Iftaa` Law No.(60)/2006, the Board decided to issue instructions No.(2) for selecting Muftis in compliance with the amendment of the Iftaa` Law/2009, which stipulated making some adjustments  on instructions No.(1)/2008. Instructions No. (2) shall read as follows:

 

Article (1): 

These instructions shall be cited as "Instructions for Selecting Muftis, No. (2)/2008, issued by virtue of the Iftaa` Law No. (60)/2006," and shall come into effect after the date of its publication in the official Gazette.

 

Article (2):

The following words shall have the meanings hereunder assigned to them:

-The Department: General Iftaa` Department. 

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

-The Council: Council of Iftaa`, Research and Islamic Studies.

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

-The Committee: Committee assigned by the Grand Mufti to conduct the competitive examinations for selecting Muftis.

 

Article (3):

The Dept. shall conduct competitive examinations for occupying the position "Mufti" and shall announce the date and conditions in the local official Gazette.

 

Article (4):

Applicant must meet the following conditions:

-Jordanian.

-Holds a PhD in Sharia Sciences.

-Or,holds, at least, a BA in Sharia Sciences (Rating good), and five years have passed, at least, over his obtaining that degree.

-Five years' experience in the field of specialty.

-Enjoys good conduct; not sentenced for a crime or an offence and enjoys full civil rights.

 

Article (5):

The Grand Mufti shall form one committee to prepare and correct the examination papers, and another to conduct the personal interviews. The examinees` papers are given number tags instead of names and corrected as such.

 

Article (6):

1-The examination material shall consist of:

Page One: Islamic Jurisprudence (All branches), Fundamentals of Islamic Jurisprudence and Personal Status Law in effect.

Page Two: Interpretation of the Quran, Aqidah(Creed) and Arabic language.

2-Each page shall be out of (100), but the passing score for page one shall be (70%) and (60%) for page two.

 

Article (7):

The committee shall interview applicants who passed the written exam. Each interviewer shall give the score that he sees fit for each interviewee. The interview score shall be the average of the scores given by all members. The final score shall be out of (100), and the passing score shall be (70%).

 

Article (8):

In addition to the instructions included in article (6), the personal interview shall also consider an interviewee`s mastery of the rules of Quranic recitation, charisma, general information, enthusiasm and adherence to unified Islamic dress code. One who passes the interview and both pages of the written exam succeeds.

 

Article (9):

Whoever succeeds shall be hired as Mufti by virtue of a resolution issued by the Iftaa` Board based on placement by the Grand Mufti, and in accordance with the vacancies.

 

Article (10): The Grand Mufti shall issue the proper decision regarding any case that haven`t been addressed in the above instructions.

Summarized Fatawaa

What is the ruling on speaking while relieving oneself?

It is disliked for one relieving himself to speak while doing so, except out of necessity. And Allah the Almighty knows best.

Do pregnant and breastfeeding women have to fast?

Pregnant and breastfeeding women are required to fast. However, if fasting causes them harm or unusual hardship, they may break their fast but must make up for the missed days later.
If they break their fast solely out of fear for the fetus or the child, then they must both make up the fast and give fidyah (feeding a needy person for each missed day), as the benefit of breaking the fast was only for the child.

I bought an apartment, and I am saving money to pay the remaining balance of its price — is zakāh obligatory on this money?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh is obligatory on all saved/hoarded wealth. Once the total wealth reaches the niṣāb (minimum threshold liable for zakah— equivalent to the value of 85 grams of pure 24-karat gold) and a full ḥawl (lunar year) has elapsed over it, zakāh becomes obligatory at a rate of (2.5%) — even if the wealth is earmarked for basic future needs, and even if the wealth's owner is in debt. Debt does not prevent the obligation of zakāh, nor is it deducted when calculating the zakāh due, based on the general and unrestricted wording of all the Qur'anic verses commanding zakāh, which draw no distinction between someone in debt and anyone else.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone possesses exactly the niṣāb, and owes an equivalent amount in debt, zakāh remains obligatory on what is in his possession, and the debt does not prevent this obligation" — meaning, the obligation of zakāh on what is presently in his possession.
The ḥawl (annual cycle) recognized for zakāh, as well as for the other sharī‘ah obligations that Allah, the Exalted, has imposed upon Muslims, is the Hijrī (lunar) year. And Allah, the Exalted, knows best.

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. What is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)
However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.
Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, knows best.

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