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Resolutions of Iftaa' Board

Resolution No.(131): “Virginity Test”

Date Added : 02-11-2015

 

Resolution No.(131),(9/2009): “On Virginity Test”

Date: 1/8/1430 AH, corresponding to 23/7/2009 AD.

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

 

During its third session held on the above date, the Board of Iftaa` reviewed the news reported by some local newspapers that the Director of the National Center for Forensic Medicine stated that large numbers of girls have visited the Center to make sure that they are virgins.

We have asked him about that piece of news through an official letter, and he said that it was inaccurate and that such a test is conducted only upon the request of judicial bodies when they have a case that requires such a thing, and the judge needs to know the truth, so he asks for a report in this regard from the Center. No suitor has ever asked his finance to undergo such an examination. Based on what the Director of the Center said, the Iftaa` Board holds that conducting such a test is permissible when demanded by judicial bodies, and that isn`t considered an accusation to honorable women. However, it should be conducted by a female doctor.

Conducting such a test upon the request of the suitor-although the Director of the Center confirmed it has never happened-is prohibited and the same rule applies to the request itself. This is because uncovering the private parts of men and women is permissible only in case of necessity or dire need as is  the situation mentioned by Center`s Director.

The Board confirms that our society is too honorable and noble to treat young women in such a disrespectful manner, because their honor and pride doesn`t tolerate  such humiliation. On our part, we warn against circulating any piece of news that could stigmatize our Islamic nation and we remind people that Allah Says (what means): “Those who love (to see) scandal published broadcast among the Believers, will have a grievous Penalty in this life and in the Hereafter: God knows, and ye know not” {An-Noor/19}. And Allah Knows Best.

 

 

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan,

Dr. Nooh al-Qhodah

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

Sheikh Abdulkareem al-Khasawneh/ Member
Sheikh Sa`eid Hijjawi/ Member
Dr. Muhammad Khair Al-'Eisa/Member
Judge Sari Attia/Member 
Dr. Abdul-Rahman Ibdah/Member
Dr. Muhammad Aiqla Al-Ibrahim/Member
Dr. Abdul Naser Abu Al-Basal/Member
Excutive Secretary of The Iftaa' Board Dr. Muhammad Al-Khalyla 

 

 

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Summarized Fatawaa

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What is the ruling on sending blessings and peace upon the prophet (PBUH) after the Adhan?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is a Sunnah to send blessings and peace (As-Salat wa al-Salam) upon the Prophet ﷺ after the Adhan and the Iqamah, for both the caller (Mu’adhin) and the listener. It is permissible to do so aloud after the conclusion of the Adhan. However, it is preferable to maintain a brief pause between the words of the Adhan and the prayers upon the Prophet ﷺ, so that people do not mistakenly assume that sending blessings upon him is an integral part of the Adhan itself. And Allah the Exalted knows best.

How is night prayer offered?

Night prayer is offering voluntary prayer after Maghrib and before Fajr (Dawn). As for Tahajjud, it is offering voluntary prayer at night after waking up voluntarily, and for Allah`s sake as He Says (What means): "And pray in the small watches of the morning: (it would be) an additional prayer (or spiritual profit) for thee: soon will thy Lord raise thee to a Station of Praise and Glory!" [Al-Isra`/79]. Offering Tahajjud is better than offering voluntary prayer before going to bed.

What is the ruling on brown discharge before the menstrual period? Is it considered part of menstruation (Hayd)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Dusky discharge (Kudrah), reddish discharge (Humrah), and yellowish discharge (Sufrah) are all considered menstruation (Hayd) if they occur during the time of the menstrual cycle. If their duration exceeds a day and a night, and the period persists from the first sight of the discharge until the cessation of the menstrual blood—provided the total duration does not exceed fifteen days—then all of it is menstruation. However, if the duration exceeds fifteen days, then the discharge is not considered menstruation, but rather chronic irregular bleeding (Istihadah). And Allah the Exalted knows best.

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