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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

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the 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.

How is the beginning of Ramadan determined?

1. Completing 30 days of Sha‘ban, or
2. Sighting the crescent moon after sunset on the 29th day of Sha‘ban.
It is Sunnah to search for the moon, and it is obligatory to follow the official authorities responsible for announcing it.

What is the ruling on sending blessings and peace upon the prophet (PBUH) after the Adhan?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah to send blessings and peace (As-Salat wa al-Salam) upon the Prophet ﷺ after the Adhan and the Iqamah, for both the caller (Mu’adhin) and the listener. It is permissible to do so aloud after the conclusion of the Adhan. However, it is preferable to maintain a brief pause between the words of the Adhan and the prayers upon the Prophet ﷺ, so that people do not mistakenly assume that sending blessings upon him is an integral part of the Adhan itself. And Allah the Exalted knows best.

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