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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 a menstruating woman (ḥā'iḍ) reciting the Islamic ruqyah (Qur'anic/spiritual healing)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is permissible for a person in a state of janābah (major ritual impurity), or a menstruating woman (ḥā'iḍ), or a woman in postpartum bleeding (nufasā'), to recite for the purpose of ruqyah (spiritual/Qur'anic healing), even if this includes some verses of the Noble Qur'an — whether recited from memory or by looking at the Muṣ-ḥaf (the physical copy of the Qur'an) without touching or carrying it — provided that the intention behind the recitation is ruqyah, protection (taḥṣīn), and remembrance (dhikr), not the intention of tilāwah (Qur'anic recitation as an act of worship in itself). This remains permissible even if what is recited is an entire sūrah, such as Sūrat al-Mulk.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It is lawful for a person in janābah to utter its [the Qur'an's] remembrances and other content — such as its admonitions, its narratives, and its rulings — so long as it is not with the intention of [reciting] Qur'an. [This is] like his saying upon mounting [a vehicle]: 'Glory be to Him Who has subjected this to us, and we could never have accomplished this [by ourselves]' [Sūrat az-Zukhruf: 13] — meaning, [could never have] been capable of it — or upon a calamity: 'Indeed we belong to Allah, and indeed to Him we shall return'... In fact, my teacher, ash-Shihāb ar-Ramlī, issued a fatwā that even if he recited the entire Qur'an without the intention of [reciting] Qur'an, it would be permissible." [Summarized from Mughnī al-Muḥtāj, Vol. 1/P.217] And Allah, the Exalted, knows best.

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

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.

Must a woman seek her husband's permission to fast a make up fast (qada)?

● If there is ample time to make up for the missed fasts, a woman should seek her husband's permission before fasting.
● However, if the time is running out—such as when only the remaining days of Sha'ban are sufficient to complete the qada—she does not need his permission and must fast, because Allah’s command takes precedence over the husband's consent.

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