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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 of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.

What do you say about someone who stays up all night on Laylat al-Qadr but misses Fajr prayer?

Such a person has deprived themselves of a great reward. Performing obligatory acts is more beloved to Allah than voluntary acts. Fajr prayer is an obligation, and performing it in congregation is equivalent to worshiping for the entire night. So how can someone neglect it while striving for voluntary prayers?!

How many rak‘ahs are there in Tarawih prayer?

The most complete form of Tarawih prayer consists of twenty rak‘ahs, excluding Shaf‘ and Witr. This is the opinion of the majority of scholars, both past and present, and it is the practiced tradition in the two Holy Mosques.
However, Tarawih is valid with any even number of rak‘ahs, even two rak‘ahs, as long as it is performed with the intention of Qiyam al-Ramadan.

What is the ruling of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.

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