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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Introduction by Grand Mufti Nooh Ali Salman Al-Qhodat

Date Added : 26-03-2024

Introduction 

 

All praise be to Allah, the Lord of all worlds, who said in His decisive Book: "So ask the people of the message if you do not know," and peace and blessings be upon our master Muhammad, who said: "Whoever Allah wants good for, He grants him understanding in religion." May Allah be pleased with the honorable companions, the pure household (Ahl al-Bayt), and the diligent scholars who continued the path after their Prophet, delivered the trust, spread the religion, educated the Muslims, and provided solutions to issues in accordance with the divine methodology they received from the Prophet, peace be upon him.

 

The Iftaa` Council in the Hashemite Kingdom of Jordan has been authorized to issue fatwas (religious rulings) on general issues, contemporary matters, and issues related to official entities. As for other matters, they are answered by the knowledgeable scholars based on the knowledge bestowed upon them by Allah.

 

The Iftaa` Law specifies that a number of scholars participate in this council due to their positions. This includes the Kingdom's Grand Mufti, the Mufti of the Jordan Armed Forces, the Mufti of the Capital, the dean of one of the Sharia faculties, a representative from the Ministry of Awqaf, Islamic Affairs and Sites, a representative from the Chief Justice Department, in addition to five reputable jurists known for their expertise in the scholarly circles.

 

Several esteemed scholars have taken turns as members of this council, where they discuss the presented issues and reach decisions through consensus or majority agreement.

 

Over the years, many issues related to people's lives have been addressed through these decisions. We wanted to gather and organize them, and present them in a printed book to facilitate reference and benefit for specialists, as well as to make it easier for students of knowledge to access them.

May Allah reward all those who participated in it with the best reward, have mercy on those who have passed away among them, bless the lives of those who remain, guide them, and make them beneficial for the Muslims.

And may Allah's blessings be upon our Prophet Muhammad, his family, and all his companions.

 

Grand Mufti, Dr. Nooh Ali Salman Al-Qhodat

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Summarized Fatawaa

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.

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

What is the ruling on swallowing phlegm while fasting?

If a fasting person intentionally swallows phlegm, their fast is invalid, as it is possible to avoid it.
However, if they swallow it unintentionally, their fast remains valid.
Phlegm is impure and should be avoided.

Does the 'aqīqah count as valid if it is slaughtered before the seventh day from the birth?

 

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The time during which it becomes permissible to slaughter the 'aqīqah begins from the moment the newborn is fully delivered from its mother's womb.
If the animal is slaughtered prior to the birth, it does not count as an 'aqīqah — it is simply considered an ordinary sheep slaughtered for its meat.
And Allah Almighty knows best.

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