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 on discharging one's zakāh obligation through the provision of a specific benefit (manfa‘ah) — such as performing a surgical operation for a patient, or providing housing to a tenant, and counting the value of this service as zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).
It is not permissible to fulfill one's zakāh obligation by providing a benefit or service (manfa‘ah) — such as housing, education, or medical treatment — in place of the zakāh itself. This is because zakāh must be paid as wealth (māl) that is transferred into the ownership of the poor recipient, whereas such services are intangible benefits that are not, in themselves, capable of being formally transferred in ownership (ghayr qābilah lit-tamlīk). And Allah, the Exalted, knows best.

What is the ruling on public street water if it gets on a person's clothes or body?

The default ruling is that public street water is pure (tahir). If one is certain of its impurity (najasa), then a small amount that gets on the lower part of a person's clothes or body is overlooked (excused). And Allah the Almighty knows best.

What is the ruling on one who performs ablution or the ritual bath while having nail polish?

Nail polish must be removed before ablution or ritual bath so that water reaches what is beneath it, because it is a barrier that prevents water from reaching that area. This is based on the hadith narrated by Ali (may Allah be pleased with him) from the Prophet (peace be upon him): "Whoever leaves a hair's breadth of his body unwashed from major impurity, such and such will be done to him in the Fire." (Reported by al-Bukhari). And Allah the Almighty knows best.

What is the ruling on the cessation of blood after (40) days from delivery, but later continued sporadically during two days of Ramadan?

Once postpartum bleeding (Nifas) ceases, and the woman is certain that it won`t reoccur, then she becomes ritually pure and so she is free to make Ghusl (purificatory bath), pray, and fast. If the bleeding reoccurs before fifteen days from its cessation, and before the end of (60) days after delivery, then the ruling on postpartum bleeding is effective, and her fasting and prayer are null and void, thus she must make up the fasting that she missed and not the prayer during those particular days.