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

Is it permissible for a father to divide his property amongst his children except one under the pretext that he has paid for the latter`s tuition? This is knowing that his other children were given the opportunity to pursue their education but didn`t because they were educationally poor. Moreover, is he allowed to give his other children who have helped him with growing his business?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
The father should be just between his children as regards gifts, in case they had similar circumstances. However, if any had a special merit, then it is permissible for the father to take that into account to be just. For example, giving his children who have helped in making his fortune and received no reward for that or giving the little ones because they haven`t taken as much as the older ones or giving the sick child who is unable to make a living. The most important thing is achieving justice. Moreover, the father is not interdicted by any of his children, and he is free to do whatever he wants with his money and Allah will call him to account as regards observing justice between his children. And Allah The Almighty Knows Best.

An engineer has to work in a circuit system of a non-Islamic bank. What is the ruling on the income she receives from doing this job?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
Necessity lies in fearing for one`s life, honor or mind, so the wage received for doing a forbidden job is equally forbidden. Kindly contact the Iftaa` Department to further clarify the nature of your work. And Allah The Almighty Knows Best.

I am a doctor, and sometimes I refer patients to the hospital for surgical interventions, and they give me a commission from the fees of the surgeries, even though I do not perform these surgeries. What is the ruling?

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
If this commission is charged to the patient as part of the operation costs, then it is not permissible. Additionally, a doctor should only recommend surgery if there is a genuine medical need, and the hospital should only perform an operation when necessary. And Allah The Almighty Knows Best.
 
 
 
 
 

A young man who works for a conventional bank has proposed to me. Is it forbidden to marry him because he works there?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Since the Messenger of Allah (PBUH) said: "When someone with whose religion and character you are satisfied asks your daughter in marriage, accede to his request. If you do not do so there will be temptation in the earth and extensive corruption."
Marrying such a person is permissible because he is a Muslim, and Allah may bless him with another job in which no usury/interest is involved. And Allah The Most Exalted Knows Best.