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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

Is it permissible to give to the poor from among the People of the Book from the Udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible to give to the poor among the People of the Book from a voluntary sacrifice (uḍḥiyyat taṭawwuʿ), just as it is permissible to give charity (ṣadaqah) to them. This opinion is a view (wajh) within the Shāfiʿī school, which was favored by al-Muḥibb al-Ṭabarī and Imam al-Nawawī. [See: Ḥāshiyat Ibn Qāsim al-ʿAbbādī ʿalā Tuḥfat al-Muḥtāj (Vol.9/P.365)]. And Allah Almighty knows best.

What is the recommended supplication (Du'a) upon breaking the fast, and is it recited before or after breaking it?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is recommended (Mustahabb) for a fasting person to recite upon breaking the fast—that is, immediately after eating or drinking—the supplication: "Allahumma laka sumtu wa 'ala rizqika aftartu" (O Allah, for You I have fasted, and with Your provision I have broken my fast).
 
This is because our master, the Prophet (peace and blessings be upon him), used to say this. The narration was recorded by Abu Dawud with a good (Hasan) chain of transmission, albeit in a Mursal form (a narration where a Successor reports directly from the Prophet). Shaykh al-Islam Imam Ibn Hajar al-Haytami (may Allah have mercy upon him) stated: "Its Mursal status is inconsequential, as it pertains to virtuous deeds (Fada'il); furthermore, it was connected (Mawsul) through another chain of transmission." [Tuhfat al-Muhtaj, Vol.3/P.425]
 
It is also recommended to recite: "Dhahaba al-dhama'u wa ibtallat al-'uruqu wa thabata al-ajru in sha' Allah" (The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills).
 
This was recorded by Abu Dawud with a good (Hasan) chain. Our leading jurists (Imams) have explicitly stated that it is recommended for the fasting person to combine both supplications.
 
Imam al-Bajuri (may Allah have mercy upon him) stated:
 
 
"And his saying following his breaking of the fast—that is, it is recommended to say: 'O Allah, for You I have fasted, upon Your provision I have broken my fast, in You I have believed, to You I have submitted, and upon You I have relied. The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills. O You of vast bounty, forgive me. Praise be to Allah Who aided me so that I fasted, and provided for me so that I broke my fast. O Allah, grant us success in fasting, enable us to stand in night prayer during it, and aid us in it while people sleep, and admit us to Paradise in peace.'" [Hashiyat al-Bajuri, Vol.1/P.562]
 
Furthermore, the fasting person may supplicate with whatever good he or she wishes, for the supplication of a fasting person is answered. Al-Bayhaqi recorded on the authority of Anas ibn Malik that the Messenger of Allah (peace and blessings be upon him) said: "Three supplications are not rejected: the supplication of a parent for his child, the supplication of a fasting person, and the supplication of a traveler." And Allah Almighty knows best.

Is fidyah required for someone who breaks their fast due to a valid excuse?

● If the excuse is permanent, such as a chronic illness with no hope of recovery or old age, then fidyah is required. This means feeding one needy person for each missed fasting day.
● However, if the excuse is temporary, such as menstruation, postnatal bleeding, or a temporary illness, then only making up the missed fasts (qada) is required, and fidyah does not apply.

When is supplication (du‘a) more likely to be accepted: before or after breaking the fast in Ramadan?

Du‘a is accepted at all times, and this is part of Allah’s mercy and generosity toward His servants.
The Prophet ﷺ said: "No Muslim makes a supplication that does not involve sin or severing family ties except that Allah grants them one of three things: either He grants their supplication immediately, or He stores it for them in the Hereafter, or He averts from them an equivalent harm." [Narrated by Ahmad]
However, in Ramadan, du‘a is especially likely to be accepted shortly before breaking the fast.
The Prophet ﷺ said: "Three supplications are never rejected: the supplication of a fasting person until they break their fast, the supplication of a just leader, and the supplication of an oppressed person. Allah raises it above the clouds, opens the gates of heaven for it, and says: ‘By My might, I will surely grant you victory, even if after a while.’" [Narrated by Al-Tirmidhi]

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