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Board of Ifta’, Islamic Studies and Research:



Iftaa' Department


          The Ifta’ Law number (60) of the year 2006, and the modifying Law number (4) of the year 2009 state that a Board is to be established in the Kingdom and called “Board of Iftaa’, Islamic Studies and Research,” and that the General Mufti (who is now Shaikh Abdel Kareem El-Khasawneh) is the Head of the Board. The following are members:

  1. One judge from the Religious (Sharee’ah) Appeal Court to be named by the Supreme Judge (presently: Judge Wasef Al-Bakry)
  2. One faculty member from a Sharee’ah College in one Government University in Jordan who is a specialist in Islamic Jurisprudence (presently: Dr. Muhammad Al-Qudhah)
  3. Mufti of the Jordanian Military Forces (presently: Dr. Yahya Al-Btoush).
  4. Mufti of the Capital Amman (presently: Dr. Muhammad Al-Zu’bi)
  5. One scholar from the Ministry of Awqaf  and and Islamic Affairs, who is a specialist in the sciences of Jurisprudence and to be named by the minister—presently, Dr. Muhammad Nouh Al-Qudha.
  6. Five scholars specialists in Sharee’h sciences, who are presently:
  • Dr. Ahmad Helayel, the Supreme Judge, Imam of the Royal Court
  • Sheikh Sa’eed Hajjawi
  • Professor Abdel Naser Abu El Basal
  • Dr. Muhammad Al-Khalayleh
  • Dr. Muhammad Khair ‘Eisa

All these are appointed by a decision of the cabinet based on the General Mufti’s nomination. It is a condition that each of them must be a well known scholar who has research and studies in Islamic sciences, and must have had a university degree in Islamic Studies since fifteen years as a minimum.

The Vice President

          The law states that the board elects from among its members a vice president. Presently Dr. Ahmad Helayel has been elected as Vice President.

Board Term

                        The board serves for four years that can be renewed.

            The board conceives the following tasks and rights

  1. Set the general policy of Iftaa’ in the Kingdom.
  2. Oversee general affairs that need Ijtihad, especially in matters that need research and study in jurisprudence doctrines, and issues referred to the department of Iftaa’ by any official party.
  3. Explain the religious stand on emerging issues of public affairs that need Ijtihad (to explain the religious stand on a matter), and on issues that need research and study in jurisprudence doctrines, in addition to issues referred to the department by any official party.
  4. Issue religious answers (fatawa) to questions referred to it.
  5. Revise any draft laws and regulations referred to the Board to determine the religious opinion.
  6. Review scholarly papers presented by Sharee’ah scholars recruited by the Board or by the General Mufti and in accordance with regulations issued for this purpose.
  7. Appoint Muftis in the Department and in governorates as nominated by the General Mufti
  8. The Iftaa’ Board assumes the authorities of the Cabinet in issues related to employees of the General Iftaa’ Department.

Terminating Membership

The membership of any member will terminate in the following cases:

  1. Death
  2. Resignation
  3. Absence from three successive meetings with no acceptable excuse.

Board Meetings and Decisions:

The Board meets once every month at least, and whenever needed, upon an invitation by its president—or the vice if absent. The meeting is legal if two thirds of the members attend with either the president or the vice president. The Board makes decisions by a majority vote and if votes are even, the president’s vote wins.

The Board Secretary:

The Mufti appoints one Mufti to serve as a secretary for the Board. Presently, the secretary is Dr. Jameel Abu Sarah.

 

 

Summarized Fatawaa

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

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.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

I can`t afford to get married, what should I do to curb my sexual drives?

You should offer a lot of voluntary fasting, keep busy with useful and permissible acts and make supplication to Allah, The Exalted.

I have concluded my marriage contract at a Sharia court; however, one day I was talking to my fiancée over the phone and she got on my nerves leading me to utter one divorce. This is knowing that I can`t tell my her father because he is very strict and will not accept that at all. What is the best course of action that I should pursue in this situation?

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.
When divorce takes place before the consummation of marriage it is called Ba`in divorce* (Minor irrevocable divoce), so your wife is considered unlawful to you until you conduct a new marriage contract and pay Mahr* , and you should visit the Iftaa` Department in order to know the correct Fatwa. And Allah The Almighty Knows Best.

* Minor irrevocable divorce Talaq Al-Ba'in Binona Soghra: It is a divorce where the husband cannot take his ex-wife back unless with her consent, conducting a new marriage contract and paying new bridal wealth Mahr.

* In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage. While the Mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land.

An Imam stood to offer a fifth Rak`ah in a four-Rak`ah prayer, and he was reminded to sit by those behind him, but he wouldn`t listen. What is the ruling on those who followed his lead knowingly and intentionally?

If the Imam stood to offer a fifth Rak`ah, those praying behind him shouldn`t have approved of that, and the prayer of those who did is considered null and void.

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