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 obligatory to have the intention for each day of fasting, or is one intention sufficient for the whole month?

The intention is obligatory for each day of Ramadan because each day is an independent act of worship separate from the others.
The intention must be made at night before the break of dawn, as the Prophetﷺ said: "Whoever does not intend fasting at night, there is no fast for him." [An-Nasa’i] 
And he also said: "Whoever does not firmly resolve to fast before dawn, there is no fast for him." [At-Tirmidhi, Abu Dawood, and An-Nasa’i]
Whoever wakes up and eats Suhoor while mindful of fasting has made the intention. Likewise, one who firmly intends at any moment during the night to fast the next day has also fulfilled the intention.

I have a brother who is harsh in his dealings [with me], and many problems have occurred between us, and I do not intend to reconcile with him. What is the ruling of Islamic Law on that?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is not permissible for a Muslim to abandon or boycott his fellow Muslim brother for more than three days. This is based on the saying of the Messenger of Allah, peace and blessings be upon him: "It is not lawful for a Muslim to forsake his brother for more than three [days], meeting each other but one turns away and the other turns away, and the better of the two is the one who initiates the greeting (salam)." (Reported by al-Bukhari.)
A Muslim must strive to end such estrangement (hajr), so as not to fall under the prohibition mentioned in the hadith. If he takes the initiative to reconcile but the other party does not respond, then there is no sin upon him. We remind [ourselves] of the saying of Allah, the Exalted: "And let them pardon and overlook. Do you not wish that Allah should forgive you? And Allah is Forgiving and Merciful." (An-Nur/22). And Allah, the Exalted, knows best.

Is it permissible to consume the meat of a sacrifice (Dhabihah) offered as an act of devotion to Allah, seeking His protection for my family?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to eat from this sacrifice, and the reward [for it] is according to what is given to the poor. And Allah the Exalted knows best.

What is the wisdom and purpose behind the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Among the wisdoms and purposes of the 'aqīqah are the following:
First: Expressing joy at the blessing of Allah the Almighty, rejoicing in the newborn, and giving thanks to Allah for this gift. Allah the Almighty says (what means): "If you are grateful, I will surely increase you." [Ibrāhīm/7]
Second: Proclaiming and publicising the lineage (nasab) of the child — and the 'aqīqah serves as an appropriate and fitting means to this end.
Third: Gladdening the hearts of family members, relatives, friends, and the poor by gathering them together over a shared meal. And Allah Almighty knows best.