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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 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.

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.

I vowed to give a specific charity if a certain matter came to pass — what is the ruling on giving that charity before the matter is realised?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Fulfilling a vow (nadhr) is obligatory, in accordance with the word of Allah the Almighty: "And let them fulfil their vows." [Al-Ḥajj/ 29] And the saying of our master the Messenger of Allah ﷺ: "Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Him, let him not disobey Him." (Reported by al-Bukhārī.)
The Shāfiʿī scholars distinguished between a financial vow (nadhr mālī) and a bodily vow (nadhr badanī). They permitted the fulfilment of a financial vow to be brought forward — before the stipulated condition is met — but did not permit the same for a bodily vow, which may only be fulfilled after the condition has actually been realised.
Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "It is permissible to bring forward the fulfilment of a financial vow before the condition stipulated in it is met — such as saying: 'If I am healed, I vow to free a slave' or 'to give such-and-such in charity' — just as it is permissible to pay zakāh in advance. This is unlike a bodily vow, such as fasting." [Asnā al-Maṭālib, vol. 4/P.246]
Imām al-Bājūrī, may Allah have mercy upon him, states: "Like expiation other than fasting, a financial vow — such as saying: 'If Allah heals my sick one, I vow to free a slave for the sake of Allah,' or 'If Allah heals my sick one, I vow to free a slave on the Friday following the recovery' — it is permissible to bring it forward before the recovery in the first case, and before the Friday following the recovery in the second case." [Ḥāshiyat al-Bājūrī ʿalā Sharḥ Ibn Qāsim, Vol.2/P.596] And Allah the Almighty knows best.

Some online stores offer a discount on a customer's first purchase — what is the ruling on creating a new account each time a customer makes a purchase in order to obtain that discount?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is obligatory upon a Muslim to uphold honesty in both his words and his actions. Allah the Almighty says {what means}: "O you who have believed, do not betray Allah and the Messenger or betray your trusts while you know." [Al-Anfāl/ 27] And He says {what means}: "O you who have believed, fear Allah and be with the truthful." [Al-Tawbah/ 119]. And the Messenger of Allah ﷺ said: "Whoever deceives us is not of us." (Reported by al-Bukhārī.)
As for creating a new account for the same buyer, the terms and conditions of the website must be observed and respected. If doing so violates those terms, it is not permissible. And Allah the Almighty knows best.

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