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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 regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

What is the ruling on offering the sacrifice (uḍḥiyah) using the wealth of a minor or a legally incompetent person (safīh)?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
It is not permissible for the guardian (walī) of an orphan or a legally incompetent person (safīh) to offer the sacrifice (uḍḥiyah) on behalf of the minor or the safīh using their wealth, because the guardian is charged with exercising caution over their wealth and is prohibited from giving any of it away voluntarily, and the udḥiyah is a voluntary act of charity (tabarru'). The guardian may, however, offer the sacrifice using his own personal wealth. And Allah, the Most High, knows best.

Who is responsible for performing the aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The one upon whom the 'aqīqah is incumbent is whoever is obligated to financially maintain the newborn — whether the father, paternal grandfather, or mother. It is to be performed from their own wealth, not from the wealth of the newborn child.
As for one upon whom the financial maintenance of the newborn is not obligatory, they may not perform the 'aqīqah except with the permission of the one upon whom it is obligatory — namely, the father. And Allah Almighty knows best.

What is the ruling on kidney dialysis while fasting in Ramadan?

Kidney dialysis breaks the fast because the dialysis fluid is nutritive, as confirmed by medical experts. Additionally, it involves the entry of substances into the body cavity (jauf).
A patient undergoing dialysis must make up for that day after Ramadan. If they are unable to do so, they must pay fidyah by feeding one needy person for each day they missed.

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