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

Is Zakah (obligatory charity) due on land intended for selling?

Yes, lands intended for trade are valued, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.

What is the ruling on sending blessings and peace upon the prophet (PBUH) after the Adhan?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah to send blessings and peace (As-Salat wa al-Salam) upon the Prophet ﷺ after the Adhan and the Iqamah, for both the caller (Mu’adhin) and the listener. It is permissible to do so aloud after the conclusion of the Adhan. However, it is preferable to maintain a brief pause between the words of the Adhan and the prayers upon the Prophet ﷺ, so that people do not mistakenly assume that sending blessings upon him is an integral part of the Adhan itself. And Allah the Exalted knows best.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

What is the ruling on performing the Witr prayer as a single rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to perform the Witr prayer as a single unit (rak‘ah). It was narrated from Ibn ‘Umar that a man asked the Messenger of Allah ﷺ about the night prayer, and the Messenger of Allah ﷺ replied: 'The night prayer is offered two by two (mathna mathna). If one of you fears the approach of dawn, let him pray a single rak‘ah to make what he has prayed odd-numbered (Witr) for him.' (Related by al-Bukhari & Muslim)). However, limiting the prayer to only one rak‘ah is considered 'contrary to the preferred way' (Khilaf al-Awla).
 
It is stated in Al-Minhaj al-Qawim Sharh al-Muqaddimah al-Hadramiyyah (p. 137): 'The minimum of Witr is one rak‘ah, but limiting it to that is contrary to what is best.'
 
The most complete form of Witr is eleven units, while the minimum level of 'perfection' is three units. It is stated in ‘Umdat al-Salik (p. 60): 'The minimum of Witr is one rak‘ah, and its maximum is eleven, performing the taslim (salutation) after every two units. The lowest level of perfection is three units with two separate taslims (meaning 2+1).' And Allah the Exalted knows best.