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Resolutions of Iftaa' Board

Resolution No.(144): "The Jordanian Personal Status Draft Law/2010"

Date Added : 02-11-2015

Resolution No.(144)(9/2010) by the Board of Iftaa`, Research and Islamic Studies:

"The Jordanian Personal Status Draft Law/2010"

Date: 16/6/1431 AH, corresponding to 30/5/2010 AD.

 

During its sixth session held on the above date, the Board reviewed the Jordanian Personal Status Draft Law.

After thorough studying and deliberating, it decided what follows:

The above draft law is derived from the provisions of Islamic Sharia with its four Madhabs (Schools of thought), and achieves its goals related to the family rules through protecting the rights of women, family, and children, in general; therefore, the Board recommends going on with its constitutional procedures until it is ratified.

Moreover, the Board appreciates the sincere efforts of the Supreme Judge, the Sharia Judiciary Commission and all the people that have participated in drafting this law. We pray that Allah, The Almighty, favors Islam and Muslims with success and progress. All success is due to Allah.

 

 

Head of the Iftaa` Board, The Mufti General of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa

Judge Sarrie Attieh

Dr. Abdulrahman Ibbdah/ Member

Dr. Mohammad Oklah/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Executive Secretary of the Iftaa` board, Dr. Ahmad Al-has`sanat

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Summarized Fatawaa

What is the ruling of Islamic Law on the prayer of zawal?

 

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.
It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."
The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.
And Allah the Almighty knows best.

Is it permissible to purchase the Udhiyah on installments?

It is permissible to purchase the sacrificial animal (uḍḥiyyah) on installments or by borrowing its price. However, it is not recommended for the poor to do so, because they are not required to offer a sacrifice, and Allah does not burden a soul beyond its capacity. If doing so would lead to negligence in providing for one's dependents (nafaqah wājibah), then giving precedence to obligatory maintenance over borrowing to buy the sacrifice is appropriate. This is based on the saying of the Prophet (peace and blessings be upon him): "It is sufficient sin for a person to withhold food from those whom he is responsible to support."
 
Furthermore, the sacrifice is valid from one who has a debt, but it is preferable (awlā) to repay the debt first, especially if the debt is due immediately (ḥāll). And Allah Almighty knows best.

Is it permissible to make ablution without answering the call of nature after waking up?

Washing front and back openings (Istinjaa`) is not a condition for the validity of ablution because it is done to remove Najaasah (impurity), thus if there is no Najaasah, there is no need for that, and then it is permissible to make ablution without answering the call of nature. However, prayer is invalidated if there is Najaasah on the anus ,or the front opening, so it (Najaasah) must be removed for the prayer to become valid, and not the ablution.

How many Rak`ahs (unit of prayer) are offered in Witr prayer?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                  Witr (an odd number prayer performed between Isha`a and Fajr) is offered with a minimum of one Rak`ah, and a maximum of eleven, but offering three Rak`ahs is the minimum of its complete form. And Allah Knows Best.

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