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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 of Islamic Law on following the actions of the imam in prayer and how this following is achieved?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The follower (ma'mum) is required to follow his imam in the actions of the prayer. This "following" (mutaba'ah) means that the follower performs each action of the prayer after the imam has begun it but before he has finished it. For example, the follower bows (in ruku') after the imam has reached the position of bowing, then rises after the imam has risen. The Prophet, peace and blessings be upon him, said: "The imam is only appointed to be followed, so when he says the takbir, say the takbir; and when he bows, then bow; and when he prostrates, then prostrate" (agreed upon, i.e., reported by both al-Bukhari and Muslim).
It is stated in Mughni al-Muhtaj (1/505): "Among the conditions of valid congregational prayer (iqtida') is following the imam in the actions of the prayer... meaning that following the imam is obligatory in the physical actions of the prayer, not in its verbal utterances... Complete following (kamal al-mutaba'ah) is achieved when the follower's beginning of an action comes after the imam's beginning of that same action, while the follower's beginning of the action precedes the imam's completion of it" — end of quote, with slight paraphrasing.
And Allah, the Exalted, knows best.

What is the ruling on giving Zakat al-Fitr in cash?

The default ruling is that Zakat al-Fitr should be given as the staple food of the land. In Jordan, for example, the staple food is wheat or rice, and the amount of Zakat al-Fitr is 2,500 grams per person. It is easy to give this amount of rice to the poor and needy, and this is the correct ruling according to all Islamic schools of thought.
However, Hanafi scholars have permitted giving Zakat al-Fitr as monetary value, considering it more beneficial for the poor and easier for the giver.

How does the person praying  perform the prostration (Sujud)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is an act of Sunnah for the person praying to descend for prostration (Sujud) by placing their knees first, then placing their hands on the ground, and then placing their nose and forehead simultaneously. It is obligatory that the toes of the feet be on the ground, directed towards the Qibla. And Allah the Exalted knows best.

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.

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