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About the General Fatwa Department



Iftaa' 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

How should the udhiyah be distributed?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is obligatory to give the poor a portion of the meat from a voluntary sacrifice (Udhiyah al-Tatawwu’), which should not be less than approximately half a kilogram of raw meat. Other parts do not suffice for this obligation, such as the liver, tripe, or intestines.
It is Sunnah for the one offering the sacrifice to divide it into thirds: one-third for himself and his household to eat, one-third to be given as charity to the poor, and one-third to be given as a gift to friends and neighbors, even if they are wealthy. And Allah the Almighty knows best.

What is the ruling of Islamic Law if the follower (maʾmūm) stands up for the third rakʿah out of forgetfulness while the imam has sat for the middle tashahhud?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If the imam sits for the tashahhud while the follower (maʾmūm), out of forgetfulness, stands up for the third rakʿah, he is obliged to return to his sitting position, since following the imam is obligatory. In this case, no prostration of forgetfulness (sujūd al-sahw) is required of him. If, however, he fails to return, his prayer is rendered invalid.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "If the follower stands up alone out of forgetfulness, he is obliged to return, since following the imam is obligatory... If he does not return, his prayer is rendered invalid, due to his departure from what is obligatory." [Asnā al-Maṭālib,Vol.1/P.190] And Allah the Almighty knows best.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

Does the clipping of nails nullify ablution?

No, it does not, and it is preferable to wash the hands afterwards.

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