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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

 
What is the ruling on someone who eats or drinks while uncertain about the arrival of dawn, then later finds out that dawn had not yet broken?

If a person does this, their fast remains valid, as it is confirmed that they ate during the night. Similarly, if someone eats while uncertain and remains unsure whether they ate before or after dawn, their fast is still valid. This is based on the maxim of Sharia Law, which states: "Certainty is not removed by doubt." Certainty, here, is the presence of night, and the doubt concerns the arrival of dawn. Therefore, one relies on certainty and disregards doubt.

Is fasting obligatory for a child?

Fasting is not obligatory for a child until they reach puberty. Puberty is determined by well-known signs, the most common of which are: nocturnal emission (for both males and females), menstruation (for females), or reaching the age of fifteen lunar years.
A guardian must instruct their children to fast once they reach the age of discernment, which is around seven years old, if they are capable of fasting.

 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 is the ruling on eating or drinking forgetfully during the day in Ramadan or during voluntary fasting?

Whoever eats or drinks forgetfully while fasting, whether in an obligatory or voluntary fast, should continue their fast, for it is Allah who has provided them with food and drink. There is no difference between obligatory and voluntary fasting in this ruling.

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