Board of Ifta’, Islamic Studies and Research:


          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

What is the ruling of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.

Does touching women temporarily forbidden in marriage nullify ablution?

It is prohibited to touch, or to shake hands with such women as they are considered strangers, and doing so nullifies ablution.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

Should a prayer performer who forgets to offer the middle Tashahod (saying ash-hadu anala ilaha ila-alah) offer Sujood As-Sahw (prostration of forgetfulness)?

He/she should offer two prostrations of forgetfulness at the end of the prayer. And Allah Knows Best.