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 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.

Is Zakah due on the orphan`s money?

Yes, Zakah is due on the money of the orphan.

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.

Is an elderly or chronically ill person required to pay additional fidyah if they delay it beyond the first year?

An elderly person or someone permanently unable to fast must pay fidyah by feeding one needy person for each missed day.
However, if they delay paying fidyah beyond the first year, no additional fidyah is required.
This differs from someone who delays making up missed Ramadan fasts (qada) without a valid excuse until the next Ramadan begins—such a person is required to pay an additional fidyah for the delay.