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Law Amending the Iftaa` Law



Iftaa' Department


Article (1):

This law shall be cited as "

Law Amending Al-Iftaa` Law/2009", shall be an integral part of Law No. (60)/2006 and shall come into effect after the date of its publication in the official Gazette.

 

Article (2):

Article (2) of the original law shall be amended by deleting the definition of (Mufti) contained therein and replacing it with the following:

 

The word (Mufti) shall refer to any Mufti in Iftaa` Department and its branches in different governorates.

 

Article (3):

Article (7) of the original law shall be amended as follows:

 

First: Item (2) contained in Paragraph (A)shall be deleted and replaced with the following text:

 

An academic staff member specialized in Islamic Fiqh in a faculty of Sharia of one of the Jordanian universities shall be designated by the Grand Mufti.

 

Second: Paragraphs (C) and (D) shall be added with the following two texts:

(C): Notwithstanding paragraph (B) of this Article, any member of the Iftaa` Council referred to in item (6) of Paragraph (A) of this Article may be replaced-during the term of their office-upon a decision by the Cabinet based on a recommendation of the Grand Mufti, if the need arises.

(D): The term of office of any member shall expire in the following situations:

1-Death

2-Resignation

3-Failure to attend three consecutive sessions without an excuse acceptable to the Iftaa` Council.

 

Third: The phrases (at least eight members) and (by a majority vote) contained in Paragraph (C) shall be deleted and replaced with (a two-thirds majority of its members) and (by a majority of its members present) respectively.

 

Fourth: Paragraphs (C), (D) and (E) shall be renumbered as : (E), (F) and (G).

 

Article (4): 

Item (3)/Par. (A)/Art. (8) of the original law shall be amended by adding the phrase (and cases transferred from any official body).

 

Article (5): 

Article (9) of the original law shall be amended by adding the phrase (and its executive secretary) after the phrase (its members).

 

Article (6):

 

The text of Article (10) of the original law shall be deleted and replaced with the following text:

 

Article (10): 

A. The Mufti shall be appointed by a decision of the Iftaa` Council based on recommendation of the Grand Mufti. This is provided that he has at least a bachelor degree in Sharia Sciences and five years passed over his receiving that degree, in addition to having passed the competition conducted by the Iftaa` Dept. according to instructions issued by the Iftaa` Council.

 

B. When appointed in any class of occupation for the first time, the Mufti shall be kept on probation for two years from starting date and the Council shall have the right to terminate his services during this period if it turned out that he is incompetent or morally unsuitable in accordance with considerations that the Council sees fit.

 

C. The Mufti`s services are terminated by the expiry of the probationary period stipulated in Paragraph (B) of this Article unless the Council issues a decision to stabilize him in service.

 

Article (7):

 

Article (11) of the original law shall be amended by deleting Paragraph (G) contained therein.

 

 

 

 

Summarized Fatawaa

 Should a person who doesn’t offer Tasbeehb (saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood) during Rukoo` and Sujood perform As-Sahw Sujood (prostration of forgetfulness)?

He/ she doesn`t have to perform Sujood As-Sahw, whether he/she didn`t offer Tasbeeh during Rukoo` and Sujood either intentionally ,or unintentionally, provided that the attentiveness of the heart wasn`t undermined since it is a pillar in both.

What should a woman, who has given several births during different months of Ramadhaan, and didn`t make up for them in addition to forgetting the exact number of the days and years in which she had missed fasting, do?

She should make up the missed days of Ramadan after estimating their number, and paying the ransom (in food) due on each missed day that she had delayed making up. In addition, she is obliged to repay the ransom according to the number of years if she was able to fast before that time, but didn`t.

Is it permissible for a pious Muslim woman to stay with her husband who had quit praying out of laziness?

Quitting prayer is one of the major grave sins that come after disbelieving in Allah, but the wife of such a person isn`t considered divorced, rather, she should exert all her efforts in order to bring him back to the way of Islam. However, if his sin is likely to lure her from the way of Islam, then she had better separate from him by lawful means such as Mokhal`aa (When a wife pays a compensation for her husband in return for divorcing her). Moreover, if she exercises patience, and remains steadfast on her faith, then there is no harm in doing that.

Is it permissible to combine Zuhr and Asr prayers for being occupied with a wedding ceremony?

No, it isn`t permissible to combine Zuhr and Asr, or Maghrib and Isha because of being busy with a wedding since the exemption for combining prayers is based on lawful excuses, and this isn`t one of them. And Allah Knows Best.

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