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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 obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

What is the ruling on the ablution of one who washes his arms from the wrist to the elbows?

In the school of Imam al-Shafi'i (may Allah have mercy on him), washing the arms (hands) is achieved by washing the arms completely, from the fingertips to the elbows. Washing only the palms at the beginning is insufficient, as washing them at the beginning is a Sunnah, but after washing the face, it becomes obligatory (fard). The person performing ablution must wash his palms along with the arms after washing the face. If he does not wash his palms, his ablution is invalid and not correct. And Allah the Almighty knows best.

What is the ruling of Islamic Law on leaving the Sunnah prayer of Dhuhr due to fatigue?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
According to the general rule, a Muslim should strive to maintain the Sunnah prayers before and after the obligatory prayers (al-sunan al-qabliyyah wa al-ba'diyyah). One is permitted to pray them sitting from the outset, but if one leaves them due to severe fatigue, there is no objection to doing so. It is recommended (mustahabb) to make up (qadā') a time-bound supererogatory prayer (nafl mu'aqqat) at any time if it was missed.
Al-Shirbīnī (may Allah have mercy on him) said: "If a time-bound supererogatory prayer is missed, it is recommended to make it up according to the more authoritative view (al-azhar), based on the hadith recorded in the two Ṣaḥīḥs: 'Whoever sleeps through a prayer or forgets it should pray it when he remembers it.' This is also supported by the fact that the Prophet (peace and blessings be upon him) made up the two rak'ahs of Fajr when he and his companions overslept in the valley and missed the dawn prayer until the sun had risen [narrated by Abū Dāwūd with an authentic chain]." And Allah, the Most High, 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.

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