About the General Fatwa Department


History of the Fatwa Department:

 

The Fatwa Department of the Hashemite Kingdom of Jordan was founded in 1921.  Since its formation, it has relied upon Hanafi fatwas which were in use during the Ottoman era, and the Mufti has answered the questions of members of the public, whether they relate to worship or financial transactions or personal statutes, and it has assigned a mufti to each judge in cities both large and small.  The judge seeks the mufti's assistance in solving social problems, just as the mufti refers to the judge matters which are not within the mufti's jurisdiction and which require evidence and witnesses.

 

The Fatwa Department remained in this state until Sheikh Hamzah al-Arabi was appointed Mufti of the Kingdom by a Royal Decree in 1941.

 

In 1966, the Islamic Religious Endowments system was formed, of which section nine included regulation of fatwa affairs, and the mufti was associated with the Minister of Endowments.  Because of this, the articles stipulated that the Grand Mufti should hold, in partnership with the Director of Preaching and Guidance, periodic meetings for the direction of muftis and the organisation of their work, due to the fact that the muftis were engaged in preaching and guidance as well.

 

Owing to the appearance of new matters in the lives of citizens, and to the multiplicity of issues and the large number of schools of law, the public interest called for the issuing of a decision which formed a fatwa council headed by the Chief Justice.  The council met to examine the following matters: new issues, issues that concern the whole community, issues that are referred to the mufti by public bodies such as ministries or companies.  As for other issues, the Mufti of the Kingdom or the muftis in the cities and governorates would address them.

 

The system of administrative organisation of the Ministry of Religious Endowments advanced, and with it advanced the fatwa system, and so the creation of the Fatwa Department was completed in 1986, although the mufti remained associated with the Minister of Religious Endowments, who in some cases may not have studied Shari'ah; consequently, the Chief Justice remains head of the fatwa council, because the Chief Justice must always be qualified in Shari'ah.

 

Independence of the General Fatwa Department from the Ministry of Religious Endowments:

 

In 2006, a law was passed which declared the independence of the General Fatwa Department from the Ministry of Religious Endowments and other official bodies, and the rank of the mufti became equal to the rank of a minister in the country, and by this the Fatwa Department became independent of other state agencies, and the work of organising and strengthening fatwa affairs is still being conducted by legal scholars and specialists in the sciences of Islamic legislation.  The duties are divided between them, and each section is responsible for care and treatment of one aspect of the needs of the community.

 

Tasks of the Fatwa Department, as determined by law:

 

The law determined the tasks and duties of the department as follows:

 

1. Supervising and organizing of fatwa affairs in the Kingdom.

 

2. Issuing fatwas on general and specific matters in accordance with the provisions of this law.

 

3. Preparing of the required research papers and Islamic studies on important matters and emerging issues.

 

4. Producing a periodic specialist academic journal concerned with the publication of reviewed academic research papers in Shari'ah and Islamic sciences and related fields.

 

5. Cooperating with scholars of Islamic law in the Kingdom and outside of it regarding fatwa affairs.

 

6. Offering opinions and advice in matters presented to it by state agencies.

 

 

Summarized Fatawaa

What is the wisdom behind the legislation of fasting?

Fasting is a divine school from which the believer learns much and trains in virtues that may be needed in life. Among these virtues is patience, as it is the month of patience. Fasting also teaches honesty and consciousness of Allah in both private and public, for there is no observer over the fasting person in abstaining from lawful pleasures except Allah alone.
Fasting strengthens willpower, sharpens determination, and nurtures mercy and compassion among the servants of Allah. It is a struggle against the self, a restraint of desires, a purification of the soul, and a cultivation of goodness.
The Prophetﷺ said: "Allah, the Almighty, said: ‘Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it. Fasting is a shield. So when one of you is fasting on a day, let him not engage in obscene speech or raise his voice in anger. If someone insults him or fights him, let him say: I am a fasting person. By Him in whose hand is the soul of Muhammad, the breath of the fasting person is more pleasant to Allah than the fragrance of musk.’" [Bukhari and Muslim]
 

What is the ruling on using snuff, inhaled vapor, or menthol rub (Vicks) during the day in Ramadan?

Using snuff, inhaled vapor, or menthol rub (Vicks) invalidates the fast because these substances enter the lungs through inhalation, and the lungs are considered part of the body cavity (jauf).
Whoever uses them must refrain from eating and drinking for the rest of the day out of respect for the sacred month and make up for that day after Ramadan.
However, if it is merely a scent and none of its substance reaches the body cavity, it does not break the fast.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

Is it permissible to slaughter a single sheep with the combined intention of both the uḍḥiyyah and the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
According to Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī, it is not permissible to combine the intention of the uḍḥiyyah and the 'aqīqah in a single animal, as each of the two has a distinct and separate cause that differs from the other.
However, Shaykh al-Islām Imam al-Ramlī permitted the combining of both intentions in a single animal — and this position offers a degree of latitude and ease. And Allah Almighty knows best.