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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

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.

What is the ruling on someone who is uncertain whether he omitted one of the ab‘āḍ of the prayer, such as being uncertain whether he omitted the first tashahhud?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ab‘āḍ include the middle tashahhud and the qunūt in Fajr prayer — for which sujūd as-sahw (the prostration of forgetfulness) is prescribed if left out. Whoever is uncertain, during the prayer, whether he omitted one of these elements, should proceed on the assumption that he did not perform it, and should perform sujūd as-sahw accordingly.
It is stated in ‘Umdat as-Sālik (p. 63): "If he is uncertain... whether he omitted a specific ab‘āḍ element, or whether he performed sujūd as-sahw, or whether he prayed three or four rak‘ahs — he proceeds on the assumption that he did not do it, and performs sujūd as-sahw."
The original principle (al-aṣl) for someone uncertain about [having performed] the first tashahhud is that he assumes he did not perform it. And Allah, the Exalted, knows best.

What is the ruling of islamic law on statutory (legal) interest awarded by a court?
 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible for a person in whose favor a judge has awarded statutory (legal) interest to deduct the actual litigation costs incurred in filing and prosecuting the lawsuit from these interest funds.
 
Any remaining balance beyond those actual expenses must be returned to the party upon whom the payment was imposed, provided that party is a specific individual. If, however, the paying party is a public entity or state institution, the remaining amount should be spent on the general public interests of Muslims—such as schools, mosques, roads, and similar public utilities shared by the community—or given in charity (Sadaqah) to the poor and needy. And Allah Almighty knows best.

Who is the "Capable Person" for whom the Udhiyah is recommended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

The "Capable Person" (Al-Qadir): This refers to anyone who possesses surplus wealth beyond their own essential needs and the financial maintenance of their wife, children, or whoever is under their legal care, during the day of Eid and the three days of Tashreeq (the 11th, 12th, and 13th of Dhul-Hijjah), as this is the designated timeframe for the sacrifice. And Allah Knows Best.

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