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Fatwa Explorer 340 fatwas
Fatwas from fatwa collections and from official and well-known fatwa websites, grouped by source. The museum records these fatwas as history, attributed to those who issued them; it issues no ruling and advises no one.
Summaries are in the museum's words; the full text and its author are on the original page.
Jordan's General Iftaa Department (aliftaa.jo) 252 fatwas
- A bank stipulating that a financed car may not be sold until the instalments are paid
A question about buying a car through a bank that forbids selling it until the instalments are paid, in which Jordan's General Iftaa Department answered that this condition is invalid because it contradicts the nature of a sale, unless it takes the form of a mortgage of the car in the bank's favour, in which case it may be sold only with the bank's permission. The Department answered that conditions agreed by contracting parties are valid in principle unless they contradict what the contract entails, citing al-Qalyubi's division of conditions in his gloss on Kanz al-Raghibin into five cases, the last being a condition contrary to the contract's requirements, which invalidates it. It said that murabaha for a purchase orderer is a kind of sale, so the bank may not stipulate that the item not be sold, since ownership has passed to the client, but it may stipulate a mortgage over the item in its favour, after which it may be sold only with the bank's permission. It said the client may not pay any part of the price to the original seller or to the bank; he pays instead a good-faith deposit that is not counted as part of the price. It concluded that the bank may not validly stipulate that the car not be sold until the instalments are paid, except by way of mortgage, in which case a sale is valid with the bank's permission.
- Deducting a broker's fee from the price of heirs' land
A question about land jointly owned by heirs and sold through a broker, in which Jordan's General Iftaa Department answered that the broker's fee is deducted from the price before division, each heir bearing it in proportion to his share, provided all the heirs agreed to sell through the broker. The Department answered that heirs are joint owners of the estate, and in joint ownership each partner bears costs in proportion to his share, since liability follows gain; the broker's fee is a cost of dividing the estate, and it quoted Zakariyya al-Ansari's Asna al-Matalib that a divider's fee is split by shares, not by heads. It said that if the sale was made with the permission of the father's wife's heirs, they bear the broker's fee with the other heirs, since a broker works only for a fee, and what is customary counts as if stipulated. It concluded that the broker's fee is deducted from the land's price before division if all the heirs agreed to sell through him, and this applies to the father's wife's heirs too, as long as they agreed to the sale.
- Launching an initiative that encourages buying local products
A question about launching an initiative that encourages buying local products, and whether it divides Muslims or shuts out non-national products, in which Jordan's General Iftaa Department answered that such initiatives are acceptable as cooperation in good, and are neither a call to division nor a boycott of other products. The Department answered that economic strength is a foundation of real independence and freedom from dependence, and a requirement for social peace and security; it noted that among the first things the Prophet did on arriving in Medina was to set up a market for the Muslims instead of relying on a market others dominated, and that he then encouraged farming and living from one's own work, and it counted cooperation in this as cooperation in good. It said national products and local industries that support the country's economy should be supported, since this does more to raise the national economy and to encourage traders and manufacturers to improve their products. It explained that such initiatives are not a call to division, nor do they shut out non-national products, which continue to be sold and marketed; promoting local products does not mean disparaging others, and competition remains the basis. It concluded that there is nothing wrong with launching initiatives that encourage buying local products.
- A school canteen manager taking supplier bonuses
A question about a school canteen manager taking supplier bonuses, in which Jordan's General Iftaa Department answered that a school canteen is run as a partnership and profit-sharing arrangement (mudaraba) and its manager is an agent holding it in trust, so he may not take supplier bonuses or gifts for himself and must return anything he has taken to the canteen. The Department answered that school canteens are, in legal terms, a partnership and profit-sharing (mudaraba) contract: the contributors pool the capital and then appoint someone to run the canteen and its affairs, with the profits set as known shares in the contract. It said the managing partner is like an agent whom the owners of the capital have chosen to trade on their behalf, so he holds the property in trust and must safeguard the interests of those who appointed him, citing a hadith narrated by al-Bukhari whose meaning is that each of you is a shepherd responsible for his flock, and quoting al-Shihab al-Ramli's gloss on Asna al-Matalib (2/257) that a partner is like an agent and must act in the interest of the others. It said the canteen manager may not take suppliers' extra allowances (bonuses) or accept gifts for his own benefit; otherwise he betrays his trust and consumes what is unlawful, and his sin is greater if he raised prices for the pupils, citing Surat al-Nisa' 4:29. It concluded that whoever has taken any of this must return it to the canteen, and the manager must be trustworthy and act in good faith toward those he works for so that he is free of liability.
- A car raffle at a charity bazaar
A question from a charity that wanted to sell paid coupons for a car raffle to raise a relief bazaar's proceeds, in which Jordan's General Iftaa Department answered that the raffle is forbidden as gambling, and proposed instead entry tickets bought as a donation with no draw. The Department answered that competitions in which the participant stands either to gain or to lose money are, in principle, forbidden gambling, which scholars count among the major sins. It said the draw described takes the ruling of forbidden competitions, and the ruling does not change whether the prize comes from the participants' money or is donated by an outside party, nor because the proceeds serve a lawful aim, since the end does not justify the means and every participant either wins or loses. It proposed instead that bazaar entry tickets be offered at a token price, such as a dinar, which people buy as a donation seeking reward rather than gain, with no draw on the tickets. It concluded that organising the draw is forbidden, and advised replacing it with a collection of donations for those in need in Gaza.
- A charity accepting a commercial bank's support in return for thanking it in posts
A question about a charity accepting support from a commercial bank in return for thanking it in posts, videos and advertisements, in which Jordan's General Iftaa Department answered that donations from interest-based banks may be accepted if no promotion is required, that thanks given orally or by letter are fine, and that thanks through advertisements and posts are forbidden because they amount to promotion. The Department answered that promoting and advertising banks and financial institutions that deal in usury is forbidden, because it is assisting in what is forbidden. It said there is no objection to dealing with someone whose wealth is mixed between lawful and unlawful, or even mostly unlawful, so his gift or donation may be accepted unless the specific money given is known to be unlawful, provided this is not tied to promoting the donor; it quoted Ibn Hajar al-Haytami's answer in al-Fatawa al-Fiqhiyya al-Kubra that dealing with someone most of whose wealth is unlawful is disliked unless the unlawful item itself is known. It distinguished ways of thanking a supporting bank: oral thanks to its management, or a letter of thanks, are unobjectionable; thanks published in advertisements and videos are not permitted, because they amount to promotion. It concluded that donations from interest-based banks may be accepted if they do not require promotion, but are forbidden if given in return for promotional work, such as thanks in posts and advertisements.
- A charity using zakat to treat patients
A question about a charity taking zakat to treat patients, buy medicines and equipment and fund health projects, in which Jordan's General Iftaa Department answered that zakat may not be spent on buying medicines, equipment or health projects, but may cover poor Muslims' treatment costs through their agency, while the state may spend it in whatever way best benefits the poor. The Department answered that the recipients of zakat are fixed in the verse on alms in Surat al-Tawba, and that zakat may not be paid to buy medicines and medical equipment or to cover laboratory costs and health projects; but spending it on poor Muslims and their treatment costs, not on general administrative or operating expenses, is unobjectionable. It said a hospital or centre may obtain an agency from the poor under which it receives the money on their behalf and then spends it on them, because zakat in principle must be put into the poor person's ownership; the exception is a government body, since the ruler may spend zakat on the poor in the way he judges most beneficial. It cited the jurists' view that the ruler may buy the poor person a property to draw income from, quoting al-Zarkashi as reported in Mughni al-Muhtaj, the gloss of al-Jamal on Sharh al-Manhaj that the ruler acts for the poor in receiving zakat, and Ibn Hajar al-Haytami in Tuhfat al-Muhtaj that he may bind the poor person not to dispose of what was bought, for the public interest. It noted that the Jordanian Iftaa Council decided in its resolution no. 99 that zakat may be used to help poor Muslim cancer patients, and closed with the hadith of Mu'adh that alms are taken from the Muslims' rich and returned to their poor.
- Vow and expiation money left unspent for years in a charity's account
A question from a charity that collects vows and expiations and has held some of the money for years without spending it, in which Jordan's General Iftaa Department answered that the charity is an agent forbidden to delay delivery without excuse; if delayed, the money must be delivered at once with repentance, and if lost it must be made good. The Department answered that charities act as agents for those who owe expiations and vows in delivering them to those entitled, so those running them must hasten to do so and may not delay without excuse; the money is a trust that must be safeguarded. It cited al-Shirwani's glosses on Tuhfat al-Muhtaj, reporting from al-Tatimma that an expiation is due immediately if the broken oath was itself a sin, and al-Khatib al-Shirbini in Mughni al-Muhtaj that the recipients' need is immediate, so one who delays is sinful and liable if the money is lost. It said that an agent who delays delivering any expiation or vow without excuse is sinful and must hasten to deliver it to clear his liability, with repentance and seeking forgiveness, and is liable to make it good if it is lost through his failure. It concluded that delaying delivery of expiations and vows to those entitled without a legal excuse is forbidden; if they have been delayed, they must be delivered immediately with repentance, and if lost they must be made good.
- A child eating at an open buffet without paying
A question on an eight-year-old who ate with his father at an open buffet that charges for anyone aged five or over, in which Jordan's General Iftaa Department answered that eating at an open buffet is permitted, but the permission covers only the person who paid, so the father should go back to the restaurant and ask to be excused or pay what is owed. The Department answered that eating at an open buffet is permitted even though people eat different amounts, since the uncertainty is slight, governed by custom and does not lead to dispute; it quoted al-Nawawi's al-Majmu' on scholars tolerating slight uncertainty. It said the permission lets the payer eat himself; it does not transfer ownership of the food to him, so he may not feed others, and the father may not feed his son without the restaurant's permission, since its allowance is limited to children under five. It concluded that the father should go to the restaurant's management, tell them what happened and ask to be excused, and pay for what the boy ate if they ask, since anyone who consumes another's property without right is liable for it.
- A contracting company supplying workers abroad
A question about a contracting company supplying workers abroad, in which Jordan's General Iftaa Department answered that the company's work is a hire of services owed as an obligation (ijara fi al-dhimma) and unobjectionable, but the foreign company's manager may not be given a share of the profits beyond his salary without his employer's permission. The Department answered that the closest legal characterisation of the company's work is a contract of hire owed as an obligation: it hires the workers' services for a set period at an agreed wage and then re-hires those services at a higher rate, bearing their visa fees, housing, food, drink and transport. It quoted al-Kasani in Bada'i al-Sana'i (4/208) that a hired worker may do the work himself or through his own hirelings unless the contract requires him to work personally, because the contract is for the work and his hirelings' work counts as his. It said the condition set by one of the foreign company's managers, taking a percentage for bringing in the workers, is not permitted, because he is that company's employee and an employee may not take a separate percentage or commission beyond his agreed pay without its permission; it concluded that the company's arrangement itself is unobjectionable.
- A cooperative fund for car repair warranties
A question about a planned fund in which car owners pay a subscription to cover breakdowns for a set period, with any surplus returned or donated, in which Jordan's General Iftaa Department answered that it is unobjectionable if it is built on the principles of Islamic cooperative insurance. The Department answered that there is no objection to setting up Islamic cooperative insurance companies or funds, based on members committing to pay subscriptions as donations to cover the faults or risks named in the fund's rules. It quoted the Shari'ah Standards of the Accounting and Auditing Organization for Islamic Financial Institutions on the definition of Islamic insurance and its principles: subscriptions are donated to the insurance account, the company keeps its own account separate from the policyholders' account, and it acts as agent in managing the account and as mudarib or agent in investing it. Among these principles it listed that the insurance account holds its own assets, returns and liabilities, that any surplus is used in the members' interest with nothing of it due to the managing company, and that provisions and surpluses go to charitable causes when the company is wound up. It also listed the preference for policyholders sharing in management, the company's commitment to the sharia in all its activities, including not insuring forbidden things, and the appointment of a sharia supervisory board whose rulings bind the company. It concluded that Islamic insurance funds may be set up to cover possible risks, provided these principles are respected.
- Stipulating free delivery when a delivery worker is late
A question about stipulating that a delivery is free if the delivery worker is late beyond a set time, in which Jordan's General Iftaa Department answered that stipulating that the worker loses his whole wage for lateness is forbidden unless he volunteers it himself, while stipulating a known deduction from the wage is permitted. The Department answered that rights must in principle be paid to those owed them, including a hired worker's right, because using a worker without payment is injustice, citing a hadith reported by al-Bukhari about one who hires a worker, takes his full work and does not give him his wage. It said a delivery worker is a hired worker providing a service, so his right may not be cut by stipulating that he gets no wage if he is late; but stipulating a deduction of part of the wage is permitted, as held by some Hanafis and in the Majalla, quoting al-Marghinani in al-Hidaya that Abu Yusuf and Muhammad allowed both conditions where someone says: if you sew it today you get a dirham, and if tomorrow, half a dirham. It said that if the worker imposes this on himself it is permitted, as a voluntary gift, and noted that some delivery companies impose the condition and so deprive the worker of his due for his effort, which is forbidden. It concluded that stipulating that the worker loses his wage for lateness is forbidden unless he volunteers it, and that stipulating a known deduction from the wage for lateness is permitted.
- A driver carrying paying passengers for himself during work
A question about an organisation's driver sent on a job outside it who carried people for a fare for his own benefit, in which Jordan's General Iftaa Department answered that what he earned with the organisation's car without permission is unlawful gain to be returned, and that if he used his own car during working hours he must calculate the matching share of his salary and give it in charity. The Department answered that an employee is a hired worker entrusted with what is in his hands, and trust requires that he take no benefit for himself beyond what he contracted for with his employer; it quoted al-Qurtubi's commentary that trust covers all religious duties. It said that if he used the organisation's car, this is allowed only under its rules or with its explicit permission, and what he earned from unauthorised use is unlawful gain that must be returned to the employer, or given in charity if it cannot be returned. If he used his own car, he must keep the rules on such use, and he may not use working hours for private purposes; if he did, he must calculate the part of his salary matching the hours he spent on his own work and give it in charity, since he used work time for personal profit.
- A father taking back a gift to his child
A question on a father taking back a gift he made to his child, in which Jordan's General Iftaa Department answered that a father may not take back a gift to a close blood relative unless it creates unjustified favouritism, the position the law adopts, while noting that the Shafi'is allow it under conditions. The Department answered that a gift becomes binding on delivery and may not be taken back afterwards, citing the hadith comparing someone who takes back a gift to a dog returning to its vomit. It said the Shafi'is make an exception for a father's gift to his child, quoting al-Nawawi's commentary on Sahih Muslim and his Minhaj al-Talibin that the condition is that the gift remains under the child's control. The Hanafis bar taking back a gift to a close blood relative, including a father's gift to his child; it quoted al-Sarakhsi's al-Mabsut, article 866 of the Majalla and its commentary Durar al-Hukkam, and noted that Jordan's Civil Code adopts this in article 579. It concluded that a father may not take back a gift to a close blood relative unless it creates unjustified favouritism among them, the view the law adopts, while the Shafi'is allow a return between ascendants and descendants under conditions.
- A 'wheel of fortune' prize draw
A question about a 'wheel of fortune' prize draw, in which Jordan's General Iftaa Department answered that there is no objection if entry is free and given by the company to the customer, in which case it is a gift from the merchant. The Department answered that if entry into the competition is free and not paid for, with the company giving it to the customer so that he enters a prize draw, there is no harm or objection in it. It said that in that case it counts as a gift from the merchant, relying on Iftaa Council resolution no. 3/2010.
- A Friday prayer held on a weekly outing
A question about a Friday prayer held on a weekly outing, in which Jordan's General Iftaa Department answered that the Friday prayer is invalid in the form described because its conditions—two sermons, forty people obliged to attend, and a built-up settlement—are missing, so the group must repeat it as zuhr and repeat the asr combined with it. The Department answered that the Friday prayer has conditions of validity, including being prayed in congregation in the time of zuhr, being preceded by two sermons each fulfilling its pillars, being held within a built-up settlement, and being attended by forty of those on whom it is obligatory, citing Umdat al-Salik by Ibn al-Naqib (p. 82). It said the prayer described is not a valid Friday prayer because several conditions are missing: it was preceded by a single admonitory talk; a person who sets out on a long journey before dawn is not among those obliged to attend, so his presence does not count; and it was not held in a built-up settlement. It concluded that they must pray zuhr instead, choosing between shortening it to two rak'as or praying four; their two rak'as with the intention of Friday prayer are invalid, as is the asr combined with it, since a valid combination depends on the first prayer being valid, so they must repeat both zuhr and asr.
- A garage owner's liability for damage to a car in his hands
A question about a car at a repair shop that moved while the owner of the shop was starting it and hit another car, in which Jordan's General Iftaa Department answered that the garage owner is a common hired worker liable for what is damaged in his hands, and the car owner owes nothing unless the damage came from an accident that could not be guarded against. The Department answered that craftsmen such as carpenters, tailors and those who maintain vehicles are called common hired workers by the jurists, since they take work from more than one person, and that they are liable; this is the Hanafi school and one view among the Shafi'is, and article 611 of the Majalla states that a common hired worker is liable for harm arising from his act whether or not he transgressed or was negligent. It quoted al-Babarti in al-Inaya, his commentary on al-Hidaya, explaining that holding the common worker liable is a juristic preference of the two companions of Abu Hanifa to protect people's property, since he accepts many items out of desire for more pay and may be unable to guard them all. It noted that this liability is bound by three conditions, quoted from Ibn Abidin's gloss: that the worker could have prevented the damage, that the item was handed over to him, and that the thing is of a kind that can be guaranteed by contract, so a human being is not. It concluded that once the car owner hands his vehicle to the garage owner it enters the garage owner's liability, so he is liable for everything damaged in his hands as a common hired worker, and the car owner owes nothing unless the damage arose from an accident that could not be guarded against.
- A grandmother's gift to her grandchildren and a grandchild born later
A question about a grandmother who gave land to her sons' children and then died, after which one of her sons had a child, in which Jordan's General Iftaa Department answered that the gift covers only the grandchildren who existed when it was made, so once it became binding and was registered in their names, a later-born grandchild is not included. The Department answered that a gift is the transfer of property during life without return, and that a grandmother's gift of land to her grandchildren in principle covers only the grandchildren alive at the time of the gift, not those not yet born. It quoted Sulayman al-Jamal in his gloss on Sharh al-Manhaj that a gift to an unborn child is impossible, since it can neither own nor have a guardian take ownership for it, and the Hanafi Shaykhi Zadah in Majma al-Anhur that a gift to an unborn child is invalid because acceptance is a condition and cannot come from a foetus. It concluded that once the gift was completed and the land registered in the names of the existing grandchildren, it became binding: the land belongs to those in whose names it is registered, and anyone not born before the gift became binding is not included.
- A husband reclaiming the gold he gave his wife at the wedding
A question about a husband who gave his wife gold at the wedding party and later claimed it back as his own, in which Jordan's General Iftaa Department answered that the gold belongs to the wife, whether it was part of the dower or a gift she had received. The Department answered that gold a husband gives his bride at the wedding party is either part of the dower (mahr) or a present and gift. It said that if it is part of the dower, meaning it was agreed at the marriage contract and recorded in it, it belongs entirely to the wife. It said that if it was a present, the rules of gifts apply: a gift becomes binding once received and becomes the wife's property, and the husband may not take it back. It cited a hadith reported by Abu Dawud forbidding taking back a gift, except a father's gift to his child. It noted that Article 579 of the Jordanian Civil Code lists a gift from one spouse to the other among the cases in which a gift cannot be revoked. It concluded that any other dispute between the spouses is for the courts to settle.
- A loan whose interest is paid by another party
A question about a loan whose interest is paid by another party, in which Jordan's General Iftaa Department answered that any loan repaid with a stipulated increase is an interest-bearing loan whether the borrower or someone else pays the increase, so one may not sign an interest-bearing loan even if another institution bears the interest, since the contract is void. The Department answered that any loan repaid with a stipulated increase counts as an interest-bearing loan, whether the increase is paid by the borrower or someone else, since jurists agree on the well-known maxim that every loan that brings a benefit is riba. It said there is no Shari'a justification for a Muslim to sign an interest-bearing loan contract whose interest someone else pays, because an interest-bearing loan contract is void, citing Surat al-Baqara 2:278 and 2:279. It concluded that taking an interest-bearing loan is not permitted even if another body pays the interest, because a loan contract that stipulates interest is void in the Shari'a.
- A mother paying her zakat to her children
A question about a mother paying her zakat to her children, in which Jordan's General Iftaa Department answered that a mother may give her zakat to her children if they are poor and eligible and not already adequately maintained by others. The Department answered that a mother may give zakat to her children if they are eligible for it, for example if they are poor, have no wealth and are not adequately maintained by someone else. It cited a hadith narrated by al-Bukhari about Zaynab, the wife of Abdullah ibn Mas'ud, whose meaning is that her husband and her child were the most deserving of her charity. It quoted al-Mawardi in al-Hawi al-Kabir (8/537) that a wife may pay her zakat to her husband, arguing from the general wording of the verse on the recipients of zakat, Surat al-Tawba 9:60, and from the hadith of Abu Hurayra about Zaynab.
- A new Muslim who is afraid of circumcision
A question about a new Muslim who is afraid of circumcision, in which Jordan's General Iftaa Department answered that he is not required to be circumcised if a trustworthy doctor says it would harm him, and if it is only fear it may be postponed until he is at ease and not put off Islam, while keeping the area free of impurity. The Department answered that if this person would be harmed by circumcision, based on the opinion of a trustworthy doctor, he is not required to have it. It said that if it is merely fear of the operation, it may be postponed until he feels at ease with it and is not put off Islam, while taking care to remove impurity from the covered area.
- A nursery selling snacks to children too young to discern
A question about a nursery selling snacks to children too young to discern, in which Jordan's General Iftaa Department answered that, following the Hanbali school, a child too young to discern may buy and sell trivial items with the guardian's permission and within custom, though it is better for parents to send food or contract with the school's management. The Department answered that jurists agree that the sales and purchases of a child too young to discern are invalid in matters of significant value, quoting al-Mawardi in al-Hawi al-Kabir (5/368) that in the Shafi'i school a boy's purchase is void and does not depend on the guardian's approval; it said it is better for parents to give young children what they need or to arrange with the school's management for them to be given food from the canteen. It said that where this is not possible, the Hanbalis hold that such a child's dealings are valid in trivial matters, quoting Ibn Qudama in al-Mughni (4/186) that his dealings are invalid even with the guardian's permission except in small things, citing the report that Abu al-Darda bought a sparrow from a boy and set it free, and quoting al-Mardawi in al-Insaf that validity in small matters is the correct view of the school. It concluded that there is no objection to such a child buying and selling inexpensive, trivial items, on condition of the guardian's permission and within what custom accepts, though it is better for parents to arrange with the school or send food with the child.
- A partner stipulating that the other partner not compete
A question about a partner stipulating that the other partner may not set up a competing business during or after the partnership, in which Jordan's General Iftaa Department answered that the condition is valid and binding during the partnership but void and without effect after it ends, while a former partner still may not harm the company or take its clients. The Department answered that among the established rules is that the contract is the law of the contracting parties, and that a partner stipulating a recognised condition serving a real purpose, such as not setting up a similar business during the partnership, is a valid condition that must be kept, citing a hadith reported by al-Tirmidhi that Muslims are bound by their conditions except a condition that forbids the permitted or permits the forbidden. It said this condition is valid because it secures a benefit for one party and protects him from harm. It held a condition barring competition after the partnership contract has been dissolved to be void and without effect, because it restricts the partner's right without just cause, citing the agreed-upon hadith that any condition not in the Book of God is void. It noted that after the partnership ends a partner still may not harm his former company or take its clients, relying on the hadith reported by Ahmad that there is to be no harm and no reciprocal harm.
- A school principal and surplus school books
A question about a school principal and surplus school books, in which Jordan's General Iftaa Department answered that the principal holds the books in trust and must follow the ministry's instructions: if they allow selling or giving them away, he may; if they forbid it, it is forbidden, and he must return the surplus books or ask the ministry's permission to sell them and put the money toward the school. The Department answered that an employee is a hired agent of the body he works for and is entrusted with his work, so he must observe its regulations and instructions and may act only within what he is permitted. It said he may not sell or give away the books in his own name, since that is a transgression and a consuming of public money, a forbidden unlawful gain. It concluded that the principal holds in trust what is in his hands: if the ministry's instructions allow the books to be sold or given away, he may do so; if they forbid it, it is forbidden, and he must return the surplus books to the ministry or seek its permission to sell them and put the proceeds toward the school.
- Holding a second Friday prayer outside when the loudspeaker fails
A question about worshippers outside a mosque who lost the loudspeaker's sound, so that one of them gave a sermon and led them in the Friday prayer, in which Jordan's General Iftaa Department answered that their Friday prayer was not valid because the first one was being held in the same place, and that they must pray it as zuhr. The Department answered that the Friday prayer has conditions of validity, among them that it is prayed in congregation at the time of zuhr, after two sermons, within a settled built-up area and with forty of those obliged to attend, citing Ibn al-Naqib al-Misri's Umdat al-Salik. It said another condition is that no other Friday prayer in the town precedes or coincides with it unless the town is large and its people cannot gather in one place, citing al-Nawawi's Minhaj al-Talibin. It said it is not a condition that the preacher be heard by everyone present: it is enough that forty of those who make up the congregation hear him, citing al-Khatib al-Shirbini's Mughni al-Muhtaj. Losing the sound outside is therefore no excuse to hold a new Friday prayer; it would have been enough to sit and wait for the call to begin the prayer. It said that if they did not know when the prayer would begin and could not follow the imam, they had to pray zuhr, because two Friday prayers are not held in the same place at the same time. It concluded that the valid one of the two is the prayer led by the mosque's appointed imam, that whoever's Friday prayer was invalid prays zuhr instead, and that whoever prayed two units must repeat it as zuhr.
- A wig made from a woman's own hair
A question about a wig made from a woman's own hair, in which Jordan's General Iftaa Department answered that there is no objection as long as the hair is her own, the wig is removed for obligatory ghusl and part of the head can be wiped in wudu, provided she does not appear in it before unrelated men. The Department answered that as long as the hair is the woman's own, the wig is taken off for obligatory ghusl, and part of the head can be wiped during wudu, there is no legal objection to making it. It said she should not appear in it before unrelated men, since they may not look at a woman's detached hair, quoting Rawdat al-Talibin that what may not be looked at while attached, such as a free woman's hair, may not be looked at once detached, according to the most correct view.
- Accepting a gift a brother received from his commercial bank
A question about accepting a gift a brother received from his commercial bank, in which Jordan's General Iftaa Department answered that there is no objection to accepting the gift, because the gift itself carries no prohibition and any sin does not pass to the recipient. The Department answered that there is no objection to accepting such gifts, because the gift itself carries no prohibition, unlike stolen property, so any sin does not extend to the recipient, citing Surat al-An'am 6:164. It noted that the Prophet ate the food of Jews and traded and bought from them, although their wealth was mixed with riba, and that the wealth of interest-based banks is of the kind in which lawful and unlawful are mixed. It quoted Ibn Hajar al-Haytami in Tuhfat al-Muhtaj (9/389) that dealing with someone most of whose wealth is unlawful, or eating from it, is not forbidden, as al-Nawawi affirmed in al-Majmu.
- A head teacher accepting sick notes and casual-leave excuses
A question on whether a head teacher sins by accepting teachers' documented sick notes or casual-leave excuses, in which Jordan's General Iftaa Department answered that he does not, since he is acting within his powers. The Department answered that the head commits no sin in accepting a documented excuse, whether medical or casual, because the ministry has delegated the authority to him, casual leave falls within his remit, and the regulations require only that the absence be justified between head and teacher with proof attached. It urged heads not to be obstinate over justified, documented excuses or to make things hard for teachers, citing a hadith that prays against whoever makes things hard for the community and for whoever is gentle with it, with al-Nawawi's commentary on it. Conversely, it said that neither a teacher nor anyone else may take leave without right or reason, since that is forbidden lying. It added that a doctor who gives an employee sick leave without a medical reason sins and deceives the Muslims.
- Administrative fees on an interest-free loan card
A question about administrative fees on an interest-free loan card, in which Jordan's General Iftaa Department answered that a borrower may be charged administrative fees equal to the actual cost without any profit margin, provided they are kept in a separate account and any surplus goes to mutual-help and charitable purposes. The Department answered that there is no objection to charging the borrower the administrative fees on the loan, provided they equal the real cost of servicing it without the slightest profit for the lender, quoting resolution no. 13 (1/3) of the Islamic Fiqh Academy that fees for loan services may be taken within actual expenses and that anything above them is forbidden riba. It said that a commission or profit taken by the lender or guarantor counts as riba and as consuming people's wealth unlawfully. It said the fees should in principle be kept in a separate account, and if they turn out to exceed the actual cost, the excess is spent on mutual-help and charitable purposes so that no benefit returns to the fund; allocating it to mutual help among employees is permissible.
- An agent paying his principal's zakat from his own money and reclaiming it
A question whether an agent may pay his principal's zakat, with the principal's permission, out of his own money and then reclaim what he paid; Jordan's General Iftaa Department answered that zakat is a purely financial act of worship in which agency is permitted because its purpose is the payment of property, quoting al-Bujayrimi in Tuhfat al-Habib on the division of acts of worship into purely bodily ones in which agency is barred, purely financial ones in which it is allowed without restriction, and mixed ones such as hajj in which it is allowed on condition, and al-Nawawi in al-Majmu that the zakat payer may appoint an agent to hand it to the ruler or to distribute it to the eligible categories, without disagreement, and that agency to pay it from the principal's money or from the agent's own is permitted without disagreement, since it resembles the settling of debts and need may call for it when the property is absent; if the agent pays from his own money, his intention at the time of payment is required for it to count and the principal's intention does not suffice, as Ibn Hajar al-Haytami says in Tuhfat al-Muhtaj. It concluded that the zakat payer may appoint another to pay his zakat, that the agent may pay it from his own money and then reclaim what he paid from the payer, on condition of the agent's intention at the time of payment.
- An agent dividing an inheritance without the other heirs' knowledge
A question about an agent dividing an inheritance without the other heirs' knowledge, in which Jordan's General Iftaa Department answered that the estate belongs to all the heirs according to their shares, and that the agent may not hide the estate's size, divide it other than by the legal shares, or deprive anyone of his share. The Department answered that everything the deceased leaves, whether money, land, property or anything else, belongs to all the legal heirs, male and female, according to their fixed shares; no heir or anyone else may take anything from the estate without the explicit permission of all of them, nor deal with another's share without his permission. It said the heirs may appoint one of themselves as agent for the distribution, but the agent may not conceal any information about the estate's size, divide it other than by the legal division, or withhold any heir's share, because he is bound to carry out the rules of the law in distributing the inheritance. It quoted al-Imrani in al-Bayan that there is no agency in inheritance except in dividing and receiving it. It concluded that no heir may withhold anyone's legal share, and whoever does so is sinning.
- Who gets compensation for late shipping: the intermediary or the customer?
A question from an intermediary for an online shop who pays in advance for customers' orders, where the shop offers a refund as compensation for late shipping, in which Jordan's General Iftaa Department answered that the refund belongs to the customer if the intermediary acts as the customer's agent, and to the intermediary if she buys the goods for herself and then sells them. The Department answered that the ruling depends on the nature of the contractual relationship between the intermediary and the customers. It said that if the intermediary is an agent who delivers orders and takes a delivery fee and an agency commission, the rule that an agent acts for the principal's benefit applies, so the agent may not keep any cash refund from the supplier, and the refund belongs to the customer. If the intermediary buys the goods with her own money and then sells them to customers, she may keep the refunds, because the goods entered her ownership and risk before she sold them. It concluded that the refund belongs to the customer when the intermediary is the customer's agent in buying and delivering, and to the intermediary when she buys the goods for herself and then sells them.
- Making animal feed from earthworms
A question about making animal feed by farming and breeding earthworms, in which Jordan's General Iftaa Department answered that feeding poultry and animals worms and insects is unobjectionable provided experts confirm it does not harm people, and set out the difference between the majority and the Shafi'is over dead ones. The Department answered that jurists agree there is no objection to feeding birds and animals live worms and insects, since they are pure, quoting Ibn Qasim al-Ghazzi in Fath al-Qarib that every animal is pure except the dog, the pig and what is born of them, which includes worms born from impurity. It said that feeding them dead worms and insects is unobjectionable according to the majority of jurists, quoting Ibn Qudama in al-Mughni that creatures without flowing blood, such as worms, do not become impure by death, and noted that the Shafi'is consider it disliked. It said that adding worms to feed depends on the amount: if the feed is entirely or mostly made of worms it is disliked because of their impurity, quoting Ibn Hajar al-Haytami in Tuhfat al-Muhtaj that feeding an edible animal something impure is disliked; if the amount is small and the pure ingredients predominate, there is no objection. It concluded that feeding poultry and animals worms and insects is unobjectionable provided experts confirm it does not harm people; if harm is established, it becomes forbidden.
- An annual car maintenance subscription
A question on an annual subscription for periodic car maintenance and repair, which Jordan's General Iftaa Department permitted provided the work and the fee are clearly defined. The Department answered that in a maintenance contract one party undertakes to inspect a machine periodically and repair or replace whatever fails, and classified it as a hire of services for an agreed fee. It said the contract carries some uncertainty, since a breakdown may or may not occur, but this is minor uncertainty that custom accepts and need calls for, by analogy with hire and reward contracts, citing al-Nawawi's al-Majmu' on the difference between avoidable uncertainty and what need requires. It cited the International Islamic Fiqh Academy's resolution 103 (11/6) on maintenance contracts, and concluded that the subscription is permitted provided the work is precisely defined and so is the fee, with the company bound to the maintenance and inspection and the owner to the fees and the price of parts as agreed.
- Wearing an appetite-suppressing or nicotine patch while fasting
A question about wearing an appetite-suppressing or nicotine patch while fasting, in which Jordan's General Iftaa Department answered that there is no need for it for someone who takes the pre-dawn meal and breaks the fast as the Sunna teaches, but that it does not break the fast because it is not nourishing and does not enter the body's interior through an open passage. The Department answered that fasting is a great act of worship and one of the pillars of Islam, and that someone who takes the pre-dawn meal and breaks the fast as the Sunna teaches meets no great hardship, so there is no need for such a patch. It said that the patch nevertheless does not break the fast, because it is not nourishing and does not enter the body's interior (al-jawf) through an open passage.
- Appointing an agent for the sacrifice outside Jordan
A question about appointing an agent for the sacrifice outside Jordan, in which Jordan's General Iftaa Department answered that a person or charity may be appointed to slaughter the sacrifice even outside the sacrificer's country, provided the agent observes its conditions, though it is better to do it oneself. The Department answered that one may appoint a person or a charity to slaughter the sacrifice even in a country other than the sacrificer's, provided the agent observes the conditions of the sacrifice regarding freedom from defects, age, time of slaughter and distribution. It said it is better for the sacrificer to carry it out himself so that he gains the full reward and blessing of the sacrifice.
- Appointing an agent to distribute zakat and charity
A question about appointing an agent to distribute zakat and charity and the conditions for doing so, in which Jordan's General Iftaa Department answered that it is permitted if the agent is reliable and trustworthy, and set out conditions the agent must keep. The Department answered that a person who owes zakat may appoint someone else to distribute it, provided the agent is reliable, honest and trustworthy, and that the payer forms the intention of zakat when appointing a non-Muslim agent. It said the agent may take nothing of the zakat for himself or for those he must support, citing al-Nawawi's al-Majmu that when the owner or his agent distributes zakat, the share of the zakat collectors lapses. It said the agent must deliver it to those entitled without delay, citing al-Khatib al-Shirbini's Mughni al-Muhtaj that zakat must be paid immediately. It said zakat is given to the poor directly, so no mosque, school or hospital may be built from it, since these are not among the designated categories, citing Ibn Qasim al-Ghazzi's Fath al-Qarib that 'in the way of God' means volunteer fighters. It said the agent must keep to the payer's stipulations on where and in what form it is distributed, citing al-Bujayrimi that a donor's stipulation is like that of the founder of an endowment: if the payer specified cash, the agent may not give food or goods, and if he specified food this is allowed on the Hanafi view that value may be given; it cited al-Nawawi's al-Majmu that the Shafi'is do not allow giving value, while Abu Hanifa does.
- Aquarium water and fish waste
A question about aquarium water and fish waste, in which Jordan's General Iftaa Department answered that aquarium water containing ornamental fish is pure unless it changes, and that a small amount of fish waste is excused unless it alters the water. The Department answered that the water of a tank containing ornamental fish is pure as long as it does not change, and that a small amount of fish waste is excused unless the water is altered by it. It quoted the Hashiya of al-Jamal on Sharh al-Manhaj (1/178) that a little hair of an inedible animal or of a riding animal is excused because it is hard to avoid, and that fish waste is likewise excused unless it changes the water.
- Are exams an excuse to break the fast in Ramadan?
A question about whether school exams are an excuse to break the fast in Ramadan, in which Jordan's General Iftaa Department answered that school and university exams are not an excuse that permits breaking the fast. The Department answered that school and university exams do not count as an excuse permitting one to break the fast, because most students sit their exams while fasting without hardship beyond the ordinary. It said that fasting does not conflict with preparing for exams, and that a Muslim draws on acts of obedience for help with the tasks of this world and the next.
- Arranged invoices to obtain cash from Islamic banks
A question about arranged invoices to obtain cash from Islamic banks, in which Jordan's General Iftaa Department answered that using stratagems and arranging invoices with a seller to obtain cash from Islamic banks is not permitted, because it brings the sale close to an interest-based transaction. The Department answered that the apparent purpose of the transaction is to obtain cash through a stratagem, and that using stratagems and colluding with other parties to obtain liquidity is not permitted, because such devices bring the sale close to the form of an interest-based transaction. It cited a hadith reported by Ibn Batta in Ibtal al-Hiyal (p. 47), graded hasan by many scholars, whose meaning is a warning against making God's prohibitions lawful through the slightest stratagems, and referred to its earlier fatwa no. 516 on the prohibition of stratagems against Islamic banks.
- Gifts from baby-milk agents to midwives
A question from a baby-milk agent who wants to promote his product by giving gifts to midwives in hospitals, in which Jordan's General Iftaa Department answered that the gifts are forbidden if given in return for exclusively promoting a product with no advantage over others, and permitted if they only promote the company without influencing the midwives' decisions. The Department began by saying that giving gifts is recommended by consensus, quoting al-Baghawi and al-Nawawi. It said that if the company gives the midwives gifts in return for promoting its product exclusively, although it has no advantage over others and costs more, then giving and accepting the gift is forbidden as a form of bribery. If it gives them gifts only to promote itself, without pressuring them or influencing their decisions, giving and accepting the gift is permitted; it referred to decisions 145 and 249 of the Iftaa Council.
- Bequeathing one's organs after death
A question from an organ-donation awareness initiative about a person bequeathing all his organs for donation after death, in which Jordan's General Iftaa Department answered that donating organs after death to relieve harm to others is permitted by the sharia, counting it as cooperation in righteousness. The Department answered that God commanded cooperation in righteousness and piety, quoting al-Mawardi's Adab al-Dunya wa-l-Din that joining piety with righteousness brings together God's pleasure and people's. It said that a person's donating one of his organs at death to relieve harm to another is permitted by the sharia, falling under two agreed maxims: necessity makes the prohibited permissible, and necessity is measured by its extent. It cited hadiths on relieving people's distress, said that a patient's need for an organ, or a blind person's need for sight, is greater than a poor person's need for money, and said that whoever bequeaths a donation to serve needy patients ends his life with a noble deed. It noted that the Department had earlier issued fatwas permitting organ donation, including one on donating the cornea, and praised Jordanian doctors' success in transplanting corneas, skin and other organs.
- Bone and tissue grafts from a dead human or an animal in dental implants
A question about using bone and tissue taken from a dead human, from cattle or from pigs in dental implants and gum treatment, in which Jordan's General Iftaa Department answered that treatment with impure substances and with parts of a dead human is permitted when there is no alternative, not when one exists, and that it makes no difference whether the patient is Muslim or not. The Department answered that Islam legislated seeking medical treatment, citing a hadith reported by Abu Dawud commanding treatment, and quoting Ba'ishn in Bushra al-Karim that treatment is recommended alongside reliance on God. It said the established principle among jurists is that treatment with impure substances is forbidden, but that they allowed it by exception when needed, other than pure wine, on condition that no pure alternative exists, quoting Zakariyya al-Ansari in Asna al-Matalib that treatment with an impure, non-intoxicating substance is permitted when a pure one is lacking; it added that something merely containing an impure element is all the more permitted. It said jurists agree that treatment with parts of a dead human is forbidden when any alternative exists, even an impure one, while the Shafi'is allowed it when there is no alternative, quoting Abd al-Hamid al-Shirwani in his glosses on Tuhfat al-Muhtaj that setting a bone with a dead human's bone may be permitted if nothing else suitable is found. It concluded that there is no objection to treatment with impure substances, other than pure wine, when there is no alternative, but not when one exists; that treatment with parts of a dead human is permitted when no alternative, even an impure one, is available; and that there is no difference between a Muslim and a non-Muslim patient.
- Bonus credit on prepaid gift cards
A question on a gift card bought for 190 dinars and loaded with 212, in which Jordan's General Iftaa Department answered that buying it is permissible, since the extra is a gift from the seller. The Department described the card as prepaid for online purchases from the issuer's site, and said its research showed that the site's policy is to add credit beyond the amount paid. It said that, in fiqh terms, the card represents cash value up to what the customer paid, and the extra credit is a gift from the seller to the cardholder to encourage buying from it alone. It concluded that there is no objection to buying the card.
- Breaking the fast for people in hard physical work
A question about breaking the fast for people in hard physical work, such as bakers and concrete workers, in which Jordan's General Iftaa Department answered that they may not start the day without fasting, but must intend the fast and begin it, breaking it only if fasting becomes a real hardship and making the day up later. The Department answered that someone doing hard work may not break the fast from the outset; he must intend the fast from the night before and begin it. It said that if he later reaches a point where fasting becomes a hardship, he breaks the fast and makes the day up at another time.
- Bringing children to the mosque
A question about bringing children to the mosque, in which Jordan's General Iftaa Department answered that children old enough to discern may be brought to the mosque to train in congregational prayer and mosque etiquette, kept beside their guardian, while children too young to discern should in principle not be brought; a guardian who must bring one keeps the child with him and does not pray in the front rows. The Department answered that children old enough to discern may be brought to the mosque to train in congregational prayer and learn the etiquette and respect due to mosques; the guardian should keep his child beside him to guide him, and not leave him to play during the prayer and disturb worshippers, which would defeat the purpose of bringing him. It said that children too young to discern should in principle not be brought, since they cannot pray properly and are usually hard to control, and their presence often disturbs worshippers, soils the mosque or damages copies of the Qur'an and mosque property; averting harm takes precedence over securing benefit. It added that someone who has to bring such a child should not leave him alone, but keep him by his side and not pray in the front rows.
- Buying a food ration card at a discount
A question about buying a food ration card at a discount, in which Jordan's General Iftaa Department answered that selling a ration card before taking possession of the goods it represents is not permitted, because of the gross uncertainty involved and because it exploits the needs of the poor; once the holder has received and owns the goods, he may sell them at any price. The Department answered that selling a ration card involves gross uncertainty, since the type and quantity of what is sold are unknown, and uncertainty invalidates a sale, citing a hadith narrated by Muslim from Abu Hurayra prohibiting the pebble sale and sales involving excessive uncertainty (gharar). It said that the card is allocated by the body that issues it to help those in need and to subsidise essential foodstuffs; selling it exploits the needs of the poor, defeats the purpose of issuing the cards and turns aid into profit for those not in need. It said the prohibition is strengthened by a report narrated by Malik in al-Muwatta that food vouchers were issued to people in the time of Marwan ibn al-Hakam and they traded them before receiving the food; Zayd ibn Thabit and another Companion objected to Marwan, who sent guards to take the vouchers back from people and return them to their owners. It concluded that selling ration cards before owning the actual goods is not permitted, but once the cardholder has received his entitlement and owns the goods the coupons represent, he may sell them at whatever price he wishes.
- Buying an online game account in instalments
A question about buying an online game account in instalments, in which Jordan's General Iftaa Department answered that the sale of an online game follows the ruling on the game itself, and that if it is permissible the friend may buy and own it and then sell it on in instalments at a profit. The Department answered that the ruling on selling online games follows the ruling on the game itself: if the game is permissible its sale is permissible, and if it contains violations of the Sharia that make playing it impermissible its sale is not valid, referring to its guidelines on online games in fatwa no. 3369. It said that if the game is permissible, the friend may buy it and, once he owns it, sell it in instalments at a price higher than he paid, noting that the Department permits murabaha provided its conditions are observed and referring to its fatwa no. 2861.
- Buying a sacrifice or aqiqa through a company
A question on buying a sacrifice or aqiqa from private companies and appointing them to slaughter and distribute it, in which Jordan's General Iftaa Department answered that this is permitted if the company owns the animal at the time of contract, and otherwise the contract must be drawn up as a forward sale (salam) with set specifications, or as a promise followed by a sale once the company owns it. The Department answered that if the customer pays the full price at contract and the company owns the animal at that time, there is no objection, but if the company does not own it, the sale is not allowed because of the prohibition on selling what one does not own. It said the contract may be drawn up as a salam, with delivery deferred and price paid in advance, the company specifying in the contract the animal's kind, sex, age, colour, weight and location; it quoted al-Khatib al-Shirbini's Mughni al-Muhtaj that these specifications are required in a salam for livestock. Alternatively the parties may agree on an initial promise, and once the company owns the animal it sells it to the customer; the agency to slaughter and distribute is then contracted on the basis of the customer's ownership.
- Buying an animal priced by the weight of its meat after slaughter
A question about buying an animal priced by the weight of its meat after slaughter, in which Jordan's General Iftaa Department answered that livestock may not be sold at a price per kilogram of meat after slaughter because the meat is unseen and gharar results, that a promise to buy followed by a sale at weighing is possible, and that a sacrificial animal must be owned alive before slaughter. The Department answered that livestock may not be sold this way, at so much per kilogram of meat after slaughter, because the meat is not seen before slaughter, which leads to uncertainty and gharar, both of which invalidate sales. It said the buyer may instead promise to buy the meat after slaughter at a set price per kilogram, with the sale concluded when the meat is weighed and both quantity and price are known, which is permissible, quoting al-Khatib al-Shirbini in Mughni al-Muhtaj (2/355) that a heap of unknown measure may be sold at so much per measure because the goods are seen and the price is known in detail. It said that a sacrifice, an aqiqa or a vowed offering must be fully owned before it is slaughtered, so it may not be slaughtered while still the butcher's property; it is bought alive and then slaughtered with the intention of sacrifice or the like.
- Buying the sacrifice and delegating its slaughter by phone
A question about buying the sacrifice and delegating its slaughter by phone, in which Jordan's General Iftaa Department answered that it is better for the sacrificer to slaughter it himself or be present, but there is no objection to appointing a butcher to buy and slaughter it, provided he designates it and buys it for the sacrificer before slaughter. The Department answered that it is better for the sacrificer to slaughter his animal with his own hand, following the Sunna, or to attend the slaughter if possible. It said there is no objection to appointing the butcher to buy an animal for him and slaughter it on his behalf, whether the animal belongs to the butcher or, according to the Hanbalis, the butcher is an agent for selling it, provided the butcher designates the animal and buys it for the sacrificer before slaughtering it.
- Buying bales of used clothes and toys by weight
A question about buying bales of used clothes and toys by weight, in which Jordan's General Iftaa Department answered that there is no objection to buying sealed bales by weight after seeing a sample, where custom has established it and there is no uncertainty that would lead to dispute or risk-taking. The Department answered that there is no objection to buying goods that are hard or impossible to count because of their number, packed and sold by weight, even if the individual items turn out to vary once opened, to ease people's trade and in keeping with their customs, so long as it does not cause discord or dispute; some earlier jurists accepted selling clothes in bulk without count when opening and counting them was burdensome, unless it led to dispute, excessive uncertainty or gambling. It quoted Muhammad ibn al-Hasan al-Shaybani in al-Hujja ala Ahl al-Madina, who argued that a bale of clothes that would be damaged by opening may be sold without counting, by analogy with selling walnuts, eggs and vegetables in bulk, and said that bulk sale is among the most clearly permissible sales. It concluded that buying clothes or toys in what is known as a bale is permitted when custom has established it and there is no uncertainty leading to dispute or risk.
- Buying counterfeit brand goods
A question about buying counterfeit brand goods, in which Jordan's General Iftaa Department answered that goods bearing a stolen trademark may not be dealt in; goods bearing a look-alike mark may be bought for personal use if the seller does not lie or deceive, but not for resale; and copying a design alone is governed by intellectual-property law. The Department answered that Islam commands honesty in dealings and forbids cheating and forgery, citing a hadith narrated by Ibn Majah and al-Tirmidhi whose meaning is that the honest, truthful merchant will be with the martyrs on the Day of Resurrection; in principle everyone should have his own innovation in his field and avoid imitation as far as possible. It distinguished between kinds of imitation. Goods bearing a stolen trademark are forbidden, since they involve lying and misrepresenting reality and infringe trademark rights, which are valued financial rights that must be protected. Goods bearing a mark that resembles the original and may deceive people are judged by the purpose of purchase: buying them for personal use is permitted provided the seller does not lie or deceive to promote them, but buying them to trade and sell to consumers is not permitted, because many people are taken in and believe them to be genuine. Imitating only the design, without any trademark, is governed by the laws on intellectual-property rights. It quoted Islamic Fiqh Academy resolution 43 (5/5) that trade names, trademarks, authorship and invention are private rights of their owners with recognised financial value that may not be infringed, advised the public to tell genuine from counterfeit goods, and reminded traders to fear God in their dealings.
- Buying gold bars through an app
A question about buying gold bars through an app, in which Jordan's General Iftaa Department answered that trading gold through the app is permitted if possession is achieved by one of four recognised means and forbidden otherwise, and that reselling to the same dealer is acceptable when there was no prior agreement. The Department answered that Islam is strict about selling the commodities subject to riba, citing the hadith narrated by Muslim on the six commodities; gold exchanged for gold requires equal weight and possession in the session of the contract, while gold sold for currency requires only possession in the session. It listed the means by which possession of gold is achieved: the buyer takes the bar himself in the session; his agent takes it; the bar is designated by numbers and marks that distinguish it and the buyer is enabled to dispose of it; or it is held under certificates in licensed vaults governed by regulations, with the vault operator acting as agent for the certificate holder, referring to Shari'a Standard No. 57 for Islamic financial institutions. It said many speculative gold trades observe none of these controls; if possession occurs by one of the four means, trading is permitted, and if not, it is forbidden. On reselling the bar to the same dealer, it said the principle is to sell it to someone else to avoid the prohibited 'ina sale, but if this happens without any prior agreement or intention, there is no objection, provided the earlier conditions of sale are met.
- Buying the sacrifice in instalments
A question about buying the sacrifice in instalments, in which Jordan's General Iftaa Department answered that buying the sacrifice in instalments or borrowing for it is permitted, but not recommended for the poor, and that the obligatory maintenance of dependants comes first. The Department answered that buying the sacrifice in instalments and borrowing its price is permitted, but it is not recommended for the poor because they are not required to offer it, referring to the principle that God burdens no soul beyond its capacity, as in Surat al-Baqara 2:286. It said that if this would lead someone to fall short in maintaining his dependants, the obligatory maintenance should take precedence over borrowing for the sacrifice, citing a hadith narrated by Muslim whose meaning is that withholding sustenance from those in one's charge is sin enough. It noted that a sacrifice is valid from someone who is in debt, though paying the debt is preferable, especially if it is already due.
- Buying grapes before they ripen to get the vine leaves
A question on buying grapes before they ripen, or before they have formed, in order to get the vine leaves, in which Jordan's General Iftaa Department answered that selling unripe fruit is valid on condition of cutting it and its being usable, invalid before it forms, and that the leaves are not included unless the contract names them. The Department answered that selling fruit on the tree before it ripens is valid only on condition that it is cut at once and has some use, quoting al-Khatib al-Shirbini's al-Iqna', and that selling fruit before it has formed is never valid, being the sale of something non-existent and uncertain, quoting al-Nawawi's al-Majmu'. It said that where such a sale is valid the buyer owns only the fruit and may not take the leaves or branches unless the contract covers them, though he may buy fruit and leaves together. It said usable leaves are like fruit, sold only once ripe or before that on condition of cutting and usability, citing al-Shirbini, al-Ruyani and Zakariyya al-Ansari on mulberry leaves, and noting that vine leaves are customarily used just as mulberry leaves are. It concluded that unripe grapes (hisrim) may be sold on condition of cutting, that their leaves may not be taken along with them unless both are contracted for, and that the leaves may be sold alone, observing the rule of ripeness, their unfolding, or a condition of cutting.
- A scheme of shared car purchase followed by a draw
A question on a scheme in which two hundred people share the price of a car that is then drawn for one of them, in which Jordan's General Iftaa Department answered that it is forbidden because it rests on gambling. The Department answered that gambling and games of chance are forbidden in principle, because one participant gains at the others' expense, leading to disputes and to consuming people's wealth unjustly. It said the participants here each pay part of the car's price so that whoever the draw falls on gets the car, which is gambling itself, and the outward form of partnership and ownership is only a cover, as shown by the participants' ownership ending once the draw is made and the car being taken from them. It cited the hadith forbidding wine and games of chance, and al-Bujayrimi's definition of maysir as an act whose doer may either gain or lose, and concluded that the scheme is forbidden.
- Card payment terminals for tourist restaurants
A question about card payment terminals for tourist restaurants, in which Jordan's General Iftaa Department answered that installing point-of-sale terminals follows the business's field of work: it is permitted for businesses whose work is mostly lawful, including tourist restaurants and hotels, forbidden for those whose work is mostly selling forbidden things, and a mixed business follows what predominates, though refraining is better. The Department answered that the ruling on installing electronic payment terminals depends on the business's field: if it is lawful, installing terminals there is lawful; if the shop's work is mostly selling forbidden things such as alcohol and pork, or nightclubs, it is forbidden because it aids what is forbidden, citing Surat al-Ma'ida 5:2. It said that if the business's work is mixed, the ruling follows whichever of lawful or unlawful predominates, and in that case it is better not to install the terminals, to avoid doubtful matters. It concluded that installing terminals in tourist restaurants and hotels is permitted because most of their work is lawful, and the burden of any incidental forbidden item they serve rests on those who run them.
- Charities converting zakat cash into services and goods
A question about charities converting zakat cash into services or goods such as medicine and food, in which Jordan's General Iftaa Department answered that charities act as agents of zakat payers and may not do so without the poor recipient's permission, the exception being the state when it collects zakat and acts in the recipient's interest while giving him ownership. The Department answered that zakat is an obligation defined by the texts, and that converting cash due to the poor into goods and in-kind items oversteps its rules, except for actions by the ruler that achieve a recognised interest for the poor while giving them ownership of the zakat. It said charities are in principle agents of zakat payers for delivering zakat to those entitled to it, so they may not convert it from cash into goods, because the money is the right of the poor and cannot be disposed of without their permission. It said that when the state collects zakat it may convert it from one kind to another in the interest of the poor while giving them ownership, because collecting and distributing zakat is a public function entrusted to it, and the payer's obligation is discharged once he hands it over. For this it relied on Ibn al-Rif'a's statement in Kifayat al-Nabih that zakat is a general provision prepared for public needs, and on Ibn Hajar al-Haytami's remark in Tuhfat al-Muhtaj that the ruler's receipt of zakat lies between pure guardianship and agency, and that he may require the poor recipient to buy something for a public interest. It concluded that charities may not convert zakat funds from one kind to another without the poor recipient's permission, and that the exception belongs to the ruler alone, with ownership given to the poor within the stated limits.
- Colleagues taking turns on overtime days
A question about colleagues taking turns on overtime days, in which Jordan's General Iftaa Department answered that employees must follow the overtime rules and be present at work, and that pay for what breaches the instructions is not lawful. The Department answered that an employee must follow the instructions and regulations on overtime hours, be truthful, and avoid trickery and lying, citing Surat al-Tawba 9:119. It said that whoever is assigned overtime must be present at the workplace even if there is no work, that the person authorised to approve overtime may not grant hours against the regulations, and that pay for anything that breaches the instructions is not lawful.
- Collecting zakat and charity for a needy-student initiative
A question about collecting zakat and charity for a needy-student initiative, in which Jordan's General Iftaa Department answered that there is no objection to collecting voluntary charity for the "Dinar" initiative supporting students, but zakat may be collected for it only under conditions: it must reach eligible students as their property, be kept in a separate account from voluntary charity, and not be held back to pay out in monthly instalments. The Department answered that Islam encourages taking the initiative in good works, including devising ideas that encourage others to do good, citing a hadith narrated by Muslim whose meaning is that whoever establishes a good practice in Islam has its reward and the reward of those who act on it after him; there is no objection to launching the initiative to collect voluntary charity for a group of students. Collecting zakat for the initiative, however, is permitted only under conditions. First, the volunteer who collects and distributes it is the agent of those paying zakat and holds what he receives in trust, so the money must reach Muslim students who are eligible to receive zakat, by being transferred to their ownership. Second, zakat and voluntary charity must be kept apart, each in a separate account, since it is forbidden to deliberately delay zakat once due and payable in order to pay it to students in monthly instalments; whoever does so usurps the right of the poor. It quoted Mughni al-Muhtaj (2/129) that zakat must be paid at once, and whoever delays it sins and is liable if the wealth perishes. The Department stressed that donors of voluntary charity must be told the purpose of the collection and how it will be spent.
- Rules for combat sports that involve blows to the head
A question about the ruling on sports that involve blows to the head, in which Jordan's General Iftaa Department answered that Islam encourages sports that give the body fitness and health, and forbids whatever harms the body, such as blows to the face and head, whose danger of concussion or death has been established; it cited the hadith in al-Bukhari that whoever fights should avoid the face, and al-Nawawi's reasoning as quoted by Badr al-Din al-Ayni in Umdat al-Qari that the face is delicate, gathers a person's beauty and is the seat of most perception, so a blow to it risks disabling or disfiguring it. It ruled that it is a principle of sharia that whatever is proven harmful is proven forbidden, so these sports are forbidden if they cause harm or injury to the person struck, unless the measures needed to protect the players from injury are taken, such as wearing a helmet and protective clothing and similar precautions, in which case there is no blame in practising them.
- Commission for paying bills through e-wallets
A question about commission for paying bills through e-wallets, in which Jordan's General Iftaa Department answered that the e-wallet holder is an agent in making the payment, so he may take a known fee, fixed or as a percentage, if the client pays him the amount at or before the time of payment; if the client does not pay at once, agency and a loan are combined and no commission is permitted. The Department answered that the e-wallet holder acts as the paying agent of clients who want to settle their bills or transfer money to someone else's account, and that in principle an agent may take a known fee from his principal, whether a fixed amount or a percentage commission, provided the client pays the amount directly before the bill is paid, without deferral. It said that if the client does not pay at once, the transaction combines agency with a loan from the agent to the client, and the agent may then not take a commission, to avoid any suspicion of riba. It concluded that the agent may take a known fee for paying bills or making transfers when the client pays him the amount at the time of payment or before it.
- Compensating a patient for a doctor's mistake
A question about compensating a patient for a doctor's mistake, in which Jordan's General Iftaa Department answered that a doctor is liable for harm caused by his negligence or ignorance, and not liable if he took full care and unavoidable complications occurred. The Department answered that, in principle, any mistake by a doctor that harms another through negligence or lack of knowledge makes him liable to compensate the person harmed, citing the maxim that the direct agent is liable, and quoting Ibn Qudama in al-Mughni that a skilled doctor whose hand errs, such as cutting beyond or outside the proper place, is liable. It said that if the doctor did what was required in the fullest way and took every precaution, and complications then occurred that specialists consider unavoidable, he is not liable, quoting al-Nawawi in Rawdat al-Talibin that a cupper, a circumciser and a veterinarian are not liable if they were not negligent. It quoted al-Khattabi in Ma'alim al-Sunan that he knew of no disagreement that a practitioner who transgresses and causes a patient's death is liable, and that one who practises a science or craft he does not know is a transgressor who owes blood money but not retaliation, and it concluded that if the doctor's negligence or transgression is established, he must compensate the patient or seek his forgiveness.
- Completing thirty days of fasting, then moving to a country still fasting
A question about completing thirty days of fasting, then moving to a country still fasting, in which Jordan's General Iftaa Department answered that he joins them in fasting the end of the month and must refrain with them even if he has completed thirty days, because he has become one of them. The Department answered that someone who completed the fast in his country and then travelled to another country and found its people fasting joins them in fasting the end of the month. It said he must refrain from eating with them even if he has completed thirty days, and even though his own country has celebrated Eid, because he has become one of them.
- Cooking for someone who is not fasting in Ramadan
A question about cooking for someone who is not fasting in Ramadan, in which Jordan's General Iftaa Department answered that cooking for someone who is not fasting without an excuse is forbidden because it is helping in wrongdoing. The Department answered that it is forbidden to cook for someone who is not fasting in Ramadan without an excuse, because it helps in wrongdoing, and helping in wrongdoing is itself wrongdoing. It cited the verse forbidding cooperation in sin and aggression in Surat al-Ma'ida 5:2.
- Counting a guarantor's payment for an insolvent debtor as zakat
A question from the guarantor of an insolvent debtor facing court enforcement, in which Jordan's General Iftaa Department answered that what the guarantor pays under his guarantee cannot be counted as zakat, though he may give the debtor some of his zakat as someone in debt or in poverty. The Department answered that whoever guarantees a debt must pay it if the debtor cannot or does not, and the creditor may claim from either the debtor or the guarantor, quoting this from al-Bajuri's gloss. It said zakat has recipients set by God in the Qur'an and conditions for its validity, including transferring ownership to the recipient, intention at the time of paying, as it quoted from al-Nawawi's Minhaj al-Talibin, and not paying it to oneself or, as poverty relief, to one's dependants, as it quoted from al-Khatib al-Shirbini's al-Iqna'. It said paying zakat to settle a debt the payer owes through his own guarantee is close to paying it to oneself, so what the questioner paid under the guarantee cannot count as zakat, since the conditions of intention and of transferring ownership are not met. It added that the guarantor may give the debtor some of his zakat as someone in debt, poor or needy, and the debtor, once he owns it, may settle his debt with it if he chooses.
- Counting zakat paid in advance when the year is complete
A question about whether wealth already paid as advance zakat is counted with the rest of the wealth when the zakat year is complete, in which Jordan's General Iftaa Department answered that zakat may be paid early once the minimum is reached, and that the advance payment is treated as still in the payer's ownership, so it completes the minimum and is credited to him. The Department answered that zakat may be paid early, before the year is complete and after the wealth reaches the minimum, especially when doing so serves the interest of the poor, relying on the report of Ali, reported by Abu Dawud, that the Prophet allowed al-Abbas to pay his zakat early. It quoted Shams al-Din al-Ramli in Nihayat al-Muhtaj that advance payment is permitted for wealth subject to a yearly cycle once its year has begun and the minimum exists, and that it counts only if the owner remains liable and the wealth remains until the end of the year, and the recipient is still eligible at that point. It said that what is paid early before the year is complete is treated as if it were still in the payer's ownership, so if the wealth falls below the minimum at year end but would reach it with the advance amount added, the two must be combined, quoting al-Nawawi in al-Majmu that the advance payment is combined with what the payer holds both in completing the minimum and in counting as zakat. It concluded that the advance payment is treated as still owned by the payer, so it completes the minimum and what he paid is credited to him.
- Court auctions and traders colluding on the price
A question about court-ordered auctions and traders and would-be buyers colluding on a set price, in which Jordan's General Iftaa Department answered that auction sales are permitted, and that a judge may sell a debtor's property to repay his creditors provided the sale achieves the price most beneficial to the owner and is free of collusion on the price. The Department answered that auction sales are permitted, citing the hadith of Anas ibn Malik, reported by Abu Dawud, in which the Prophet offered a man of the Ansar's belongings asking who would bid more than a dirham. It said a judge may sell the property of a debtor or a bankrupt to repay his creditors, provided the sale is the most beneficial and advantageous for the owner and is free of collusion between traders and would-be buyers on a set price. It quoted al-Khatib al-Shirbini in Mughni al-Muhtaj that it is recommended to sell in the presence of the bankrupt and his creditors, to dispel suspicion, and in the goods' own market, publicising sales of real estate, and that the sale must be at the market price or more, since dealing on another's behalf requires regard for his interest. It said that what takes place in today's courts is left to the judge's assessment to secure the litigants' interests, and concluded that public auction is unobjectionable provided it achieves the price most beneficial and advantageous for the owner.
- Court-awarded legal interest
A question about court-awarded legal interest, in which Jordan's General Iftaa Department answered that the real costs of the lawsuit may be deducted from it, and the rest returned to the person it was imposed on, or, if that is a public body, spent on public interests or given to the poor. The Department answered that someone awarded legal interest by a judge may deduct from it the real costs of bringing the lawsuit. It said that anything beyond that should be returned to whoever it was imposed on if that is a specific person, and if it is a public body, spent on the public interests of Muslims, such as schools, mosques and roads, or given in charity to the poor and needy.
- Court compensation for an employee who left a fixed-term contract
A question about court compensation for an employee who left a fixed-term contract, in which Jordan's General Iftaa Department answered that the employee may claim the rights labour law guarantees him and take the compensation the judge awarded, except the legal interest, if his claim involved no lying or forgery. The Department answered that the principle is that a contract is the law of the contracting parties, so its terms must be respected, citing Surat al-Ma'ida 5:1 and a hadith that al-Bukhari cites in suspended form with certainty, whose meaning is that Muslims are bound by their conditions. It said the employee may claim the compensation that labour law sets for arbitrary dismissal, since the law was made to protect the interests of both worker and employer, a ruler's measures are tied to the public interest, and the law has the standing of general custom; what is customary counts as stipulated, so its provisions are implicitly part of every employment contract in the country. It concluded that he may take what the judge awarded under the law, provided there was no lying or forgery, except the legal interest; piety suggests that if he sees the award as larger than the harm he suffered, he takes the equivalent of his harm and leaves the rest.
- Using cow blood to make a medical preparation
A question about using cow blood to make a medical preparation, in which Jordan's General Iftaa Department answered that blood is impure and that preparations containing it may not be used unless no pure medicine can replace them and they are proven effective, in which case they are permitted out of need. The Department answered that blood is among the impure substances, citing al-Nawawi's commentary on Sahih Muslim, which reports a consensus that it is impure. It said the Shafi'is permit treatment with impure substances such as blood, urine or carrion when no pure medicine that serves the purpose is available, citing al-Shirwani's gloss on Tuhfat al-Muhtaj. It noted that the Jordanian Iftaa Council decided in its decision No. 128 of 2009 that gelatin made from pork derivatives or impure animals may not be used in medicines, food supplements or their capsules, because alternatives exist from animals that may be eaten or from plants, except in necessity and when there is no alternative. It concluded that medical materials and preparations made with any blood are impure and may not be used unless no pure medicine can replace them and they are proven effective in treatment, in which case their use is permitted out of need.
- Cremation where Muslim burial is opposed
A question about cremation where Muslim burial is opposed, in which Jordan's General Iftaa Department answered that cremating a corpse is forbidden because it degrades the dead and violates their dignity, and that a way must be found to bury the dead according to the Shari'a, even by moving the body to another area. The Department answered that Islam honours the human being alive and dead, including by washing, shrouding, praying over and burying the dead, citing Surat al-Isra' 17:70 and a hadith narrated by Abu Dawud in his Sunan whose meaning is that breaking a dead person's bone is like breaking it while alive. It said burning the corpse is forbidden because it harms, demeans and degrades the dead and erases the features of the body, noting that jurists disallowed carrying out retaliation in a way that ruins the body, and quoting al-Juwayni in Nihayat al-Matlab (16/147) that some Shafi'is disallowed retaliation by poison to protect the corpse, since the body of the dead is inviolable. It concluded that a way must be found to bury the dead in accordance with the Shari'a, even if that requires moving the body to another area where burial is possible.
- A married daughter who reduced her financial help to her mother
A question about a married daughter who reduced what she gave her widowed mother, after which the mother cut her off, in which Jordan's General Iftaa Department answered that reducing support for a valid reason is not undutifulness, that a needy mother's maintenance falls on all her children, and that the mother may not sever ties with her daughter. The Department answered that Islam calls for kindness to parents and helping them with effort and money, and courtesy towards them, especially in old age. It said a needy mother's maintenance is shared among her sons and daughters to the extent of her needs, citing article 197 of Jordan's Personal Status Law, which obliges a child of means to maintain poor parents, so some children may not bear it alone if all are able. If the mother's needs are met, she may not load her daughter with more than she needs, and in any case she may not cut off her daughter or order her children to do so, since that is ordering the severing of kinship ties; it quoted Ibn Hajar al-Haytami's al-Zawajir on what makes cutting kin forbidden. It concluded that the daughter should stay kind and obedient to her mother, and that reducing support in the way described is not undutifulness if she is excused by an income that does not suffice.
- Delaying the division of an inheritance and the rent of inherited flats
A question about delaying the division of an estate of property and flats while some brothers need their shares and the mother takes all the rent, in which Jordan's General Iftaa Department answered that an estate is divided as soon as possible, that no heir claiming his share may be refused, and that it is kindness to secure the mother a decent income without neglecting the heirs' rights. The Department answered that an estate should in principle be divided after the death as soon as possible, to avoid disputes and lost rights; if the heirs agree to keep the property as it is, owning it jointly each according to his share, that is permitted, but none of them may refuse division when one of them claims his share. It said that everything a person owns becomes the property of all the heirs after his death, that each heir may claim his right to the rent from let property and flats, and that making this claim is not disobedience to parents. It advised the parties to resolve the matter through dialogue and, if that fails, said an heir may take it to court. It said it is kindness for the heirs to provide their mother with a source of income for a decent life, with moderation and balance and without neglecting the others' rights, and that maintenance of poor parents falls on their well-off children, citing article 197 of Jordan's Personal Status Law No. 15 of 2019.
- Delivering forbidden goods mixed with permitted ones
A question about delivering forbidden goods mixed with permitted ones to a buyer, in which Jordan's General Iftaa Department answered that this is forbidden if the worker knows they are there, that there is no blame if he does not know, and that he is not obliged to inspect the order's contents. The Department answered that Islam forbids any work that assists in what is forbidden, and that delivering forbidden goods is forbidden assistance, quoting Zakariyya al-Ansari in Asna al-Matalib that selling grapes to someone known or thought to make wine of them is forbidden, as is any dealing that leads to sin. It said there is in general no objection to working as a delivery worker if he does not know an order's contents, and he is not obliged to inspect or ask about them; but if he is certain the order is pork, wine or similar forbidden things, he may not deliver it and should excuse himself. It concluded that delivering forbidden goods is forbidden, even when mixed with permitted goods, if the worker knows they are there, and that there is no objection if he does not know.
- Dormant-account fees at share-trading brokers
A question on a share broker whose contract charges a $100 fee on any account with no trades for eleven consecutive months, in which Jordan's General Iftaa Department answered that the condition is forbidden, as consuming people's wealth wrongfully. The Department explained that a share investor buys and sells for profit, the broker taking its commission on each purchase and sale, and that an investor may hold shares for years for their dividends, or freeze trading until their value recovers to protect his capital, leaving the account dormant. It said a broker's fee on a dormant account is consuming people's wealth wrongfully, since freezing the account costs it no work or money; it only loses its commission and makes it up with the fee. It concluded that the company may not impose this condition.
- Dropshipping in online trade
A question about dropshipping in online trade, in which Jordan's General Iftaa Department answered that the ruling on dropshipping depends on its form: prior agency, commission on links, and a forward sale (salam) with the price paid in advance are permitted, while selling goods before owning and possessing them is not. The Department answered that dropshipping is in practice a sale involving three parties: the owner of the website or online store, the customer, and the trader or manufacturer who owns the goods; the term covers several different forms with different rulings. In the first, the site owner obtains prior agency from the supplier to sell specified goods for a percentage or fixed fee, and the supplier ships to the customer directly: a permitted agency. In the second, the site owner displays a link to the trader's goods for a commission on each purchase made through it: a permitted commission or brokerage. In the third, the site owner displays goods without any prior agency or agreement, sells them to the customer before owning or possessing them, then buys them from the supplier and has them delivered to the customer: this is selling what one does not own, which is prohibited. In the fourth, he offers goods of specified description that he can supply, takes the price in advance and supplies them within an agreed period, asking the supplier to deliver to the customer's address: a permitted forward sale (salam). The Department noted that other forms may also go by this name, and each needs to be studied for its ruling.
- Removing duplicate books from a mosque library
A question on moving surplus duplicate copies from a mosque library to other libraries, in which Jordan's General Iftaa Department answered that the ruling depends on how each book reached the library, and that the decision rests with the Ministry of Awqaf. The Department answered that what is endowed to a specific mosque should in principle stay there and may not be moved or sold without a lawful reason; if it wears out, or a replacement has been brought and it cannot be used in the mosque, it may be moved to another mosque to fulfil the endowment's purpose, quoting al-Nawawi's Rawdat al-Talibin and I'anat al-Talibin. What was bought from donations and not endowed by the administrator, or given by authors without stating it is an endowment, may be sold or disposed of when needed, with the proceeds spent on the library, since it is the mosque's property, as it quoted from al-Nawawi. Something a person placed in the mosque for worshippers' use without intending an endowment or gift is a loan that remains its owner's property. It concluded that the decision in these matters rests with the Ministry of Awqaf, Islamic Affairs and Holy Places as the endowments' administrator under Awqaf Law no. 32 of 2001.
- Eating or drinking by mistake during an oath-expiation fast
A question about eating or drinking by mistake during an oath-expiation fast, in which Jordan's General Iftaa Department answered that someone who eats or drinks by mistake does not break the fast and continues it, whatever kind of fast it is. The Department answered that whoever eats or drinks forgetfully has only been fed and given drink by God, so his fast is not broken and he continues fasting. It said this applies generally, whether the fast is obligatory, a make-up, an expiation or voluntary.
- Eating hamsters
A question on eating hamsters, in which Jordan's General Iftaa Department answered that it is forbidden, since the hamster belongs to the mouse family. The Department described the hamster as a small rodent widely kept in Europe and North America, counted in the mouse family and distinguished by wide cheeks in which it stores food. It said earlier jurists said nothing about eating it, since it was only discovered in the nineteenth century. Since it belongs to the mouse family, it takes the ruling on mice, and eating mice is forbidden; it quoted Jalal al-Din al-Mahalli that animals the sharia encourages killing, such as mice, may not be eaten. It concluded that eating hamsters is forbidden.
- Ending a car lease early
A question about ending a car lease early, in which Jordan's General Iftaa Department answered that a lease is a binding contract that neither party can end alone; if the lessor agrees to end it, he is owed the agreed rent for the period used and may not revert to the market rent, or he may instead hold the lessee to the full term. The Department answered that in principle a lease is binding and is not ended at the will of one party; if both agree to end it before its term, that is permitted and rent becomes settled for the period already used, since rent is settled only through use. It quoted al-Nawawi in Minhaj al-Talibin (p. 163) that when a hirer takes possession of an animal or house and keeps it until the term passes, the rent becomes settled. It said that where the agreed rent is apportioned by month, as when the parties agree on three years at a set amount per month, the agreed rent is settled for the past period without regard to the market rent, citing al-Shirwani's glosses on Tuhfat al-Muhtaj (6/187), following the terms on which the contract was made. It concluded that the lessee may end the lease only with the lessor's consent; if the lessor consents, he is owed the agreed rent for the period of use, as agreed, and may not revert to the market rent because the contract was ended by mutual consent; alternatively he may hold the lessee to the full term of the contract.
- Endoscopy during the day in Ramadan
A question about endoscopy during the day in Ramadan, in which Jordan's General Iftaa Department answered that endoscopy through any passage invalidates the fast and that the patient must make the day up. The Department answered that endoscopy during the day in Ramadan, whether through the mouth, the nose, the front passage or the rear passage, invalidates the fast. It said that the person who undergoes it must make that day up after Ramadan.
- Enemas and suppositories while fasting
A question about enemas and suppositories while fasting, in which Jordan's General Iftaa Department answered that enemas and suppositories in either passage break the fast, and that someone who needs them uses them, keeps refraining and makes the day up. The Department answered that enemas or suppositories in either passage are among the things that break the fast. It relied on a report from Ibn Abbas, transmitted by al-Bayhaqi in al-Sunan al-Kubra, that breaking the fast comes from what enters the body, not from what leaves it, and said its general wording shows that whatever enters breaks the fast, whether it is food or not. It said they should be used before dawn or after breaking the fast; if someone needs one during the day, he uses it, keeps refraining from food and drink, and makes that day up.
- Entry fees for a car auction
A question about buying a car at an auction that requires a refundable deposit, a fee on its refund and charges taken by the organising company, in which Jordan's General Iftaa Department answered that auction sales are permitted within their limits, that entry fees are allowed up to the actual cost, and that the broker company's charge is permitted. The Department answered that jurists permit auction sales provided they avoid najash, bidding up the price by someone with no intention to buy in order to trap others, and tadlis, deception that leads a person into a mistake that prompts him to contract. It said there is no objection to an entry fee limited to the actual cost, since it is an administrative expense, citing decision No. 73 of the International Islamic Fiqh Academy permitting an entry fee no higher than the actual value of the conditions booklet. It said fees the seller takes beyond the actual cost amount to consuming people's wealth unjustly, while what the broker companies organising the auction charge is part of the actual cost and is unobjectionable as a broker's fee. It concluded that if the auction fees are taken by the broker company rather than the seller, this is permitted, provided najash and tadlis are avoided.
- Exchanging a cancelled currency
A question about whether a cancelled currency takes the rules of a current one regarding immediate exchange and equality, in which Jordan's General Iftaa Department answered that once a currency is cancelled it loses its status as money and becomes a commodity, so it may be sold for current currency at an unequal rate. The Department answered that paper currencies not made of gold or silver are not money in themselves but because they represent compulsory purchasing power, so the rules of gold and silver on usury, zakat and the like apply to them while they are in circulation; once dealing in them stops, they lose their status as money and become an ordinary commodity. It quoted Imam al-Haramayn al-Juwayni in Nihayat al-Matlab that when copper coins fall out of use and the ruler's crier forbids dealing in them, they turn into goods without disagreement. It said a cancelled currency is then like any goods to which the rules of currency exchange do not apply, so it may be sold for current currency at an unequal rate, on whatever the two parties agree. It concluded that a cancelled currency is a commodity like any other goods, to which the rules of usury, zakat and currency exchange do not apply.
- Exchanging surplus medicines dispensed under health insurance
A question from an employee left with surplus medicine dispensed under health insurance, in which Jordan's General Iftaa Department answered that the rules for dispensing medicine must be kept and the prescription not altered, but that if medicine was dispensed lawfully for a real illness without deception, it may be sold, given away or exchanged once received. The Department answered that health insurance is a contract between the beneficiary and the insurer, through which care is provided to him and to those named in the contract, and that the rules regulating the dispensing of medicines must be kept. It said the principle is that medicine is dispensed only to the beneficiary according to the doctor's prescription, and he may not alter the prescription even if he does not need the medicine. It concluded that if the treatment was dispensed lawfully and as the treating doctor prescribed, without deception, and the illness genuinely required it, there is no objection to disposing of it once received, by sale, gift or exchange, since ownership passes to the beneficiary once it is dispensed in line with the insurance contract's terms.
- Excuses that permit missing congregational prayer in the mosque
A question about excuses that permit missing congregational prayer in the mosque, in which Jordan's General Iftaa Department answered that missing congregation is permitted for general excuses such as hardship-causing rain, strong wind at night, mud, and severe heat or cold, and for personal excuses such as illness, hunger and fear. The Department answered that missing congregational prayer in the mosque is permitted for general excuses, such as rain that makes going out a hardship, strong wind at night, deep mud that would soil one, hot wind, and severe heat or cold. It listed personal excuses, such as illness that makes walking as hard as walking in rain, severe drowsiness, evident hunger and thirst, needing to relieve oneself or pass wind, and fear for one's life, a limb or its use, one's property or one's honour, among other excuses.
- Expiation for accidental killing by someone unable to fast
A question about someone who caused a death unintentionally and cannot fast because of strenuous work, in which Jordan's General Iftaa Department set out the relied-upon Shafi'i view that the fast remains owed and the opposing view that he moves on to feeding sixty poor people, and concluded that there is no objection to his feeding them by following the latter view. The Department answered that the relied-upon view in the Shafi'i school, which is the majority view, is that someone unable to fast in the expiation for killing does not move on to feeding but the fast remains owed by him; if he dies, his heirs choose between fasting for him and feeding sixty poor people, keeping to the wording of the text. It quoted al-Khatib al-Shirbini in Mughni al-Muhtaj that in expiations the text is followed, not analogy, and that God mentioned only freeing a slave and fasting in the expiation for killing. It said hardship, or an illness that makes fasting extremely hard, allows the fast to be delayed until he is able, citing al-Nawawi in al-Majmu that an expiation not caused by wrongdoing, such as that for accidental killing, may be delayed without disagreement. It set out the other view among the Shafi'is, as reported by al-Shirazi, and the other view among the Hanbalis, as reported by Ibn Qudama in al-Mughni: someone unable to fast feeds sixty poor people, a mudd each, by analogy with the expiations for zihar and for intercourse during a Ramadan day. It said this view may be adopted for fatwa because it achieves the purpose of expiation in covering the sin and making good the shortfall, and concluded that there is no objection to someone unable to fast feeding sixty poor people, following the view opposite the relied-upon Shafi'i one and the other Hanbali view.
- Eye drops while fasting
A question about using eye drops while fasting, in which Jordan's General Iftaa Department answered that they do not invalidate the fast, even if the fasting person tastes them in the throat. The Department answered that eye drops do not invalidate the fast, even if the fasting person tastes them in the throat. It explained that the eye is not an open passage to the body's interior (al-jawf).
- Paid Facebook ads with a late-payment charge
A question on promoting through paid Facebook ads when late payment carries a charge, in which Jordan's General Iftaa Department answered that they are permitted only through prepayment, not automatic billing. The Department said it had studied Facebook's ad types and found free and paid ads, with paid ads offering two methods: automatic billing and prepaid funds. It found in the terms for self-service paid ads a clause stating that overdue amounts accrue interest of 1% a month or the maximum allowed by law, whichever is lower, plus the costs of collection. It said that stipulating a penalty for late repayment of a debt is in principle forbidden as riba, and quoted the International Islamic Fiqh Academy's twelfth session that a penalty clause is allowed in financial contracts except where the original obligation is a debt. It concluded that paid ads are permitted through prepayment, which is free of the interest condition, and not through automatic billing, which contains it.
- Fasting twenty-eight days, then moving to a country celebrating Eid
A question about fasting twenty-eight days, then moving to a country celebrating Eid, in which Jordan's General Iftaa Department answered that he celebrates Eid with them, owing nothing if he fasted twenty-nine days in all and one make-up day if he fasted twenty-eight. The Department answered that someone who fasted in his country and then moved to a country whose people were celebrating Eid celebrates it with them. It said that if the total he fasted was twenty-nine days he owes nothing, but if it was twenty-eight he must make up one day, because a month is never twenty-eight days.
- Paying fasting compensation (fidya) to a poor granddaughter
A question about paying fasting compensation (fidya) to a poor granddaughter, in which Jordan's General Iftaa Department answered that it is permitted if she is poor and not already provided for by those obliged to maintain her. The Department answered that a woman may pay her fidya for the Ramadan fasts she did not keep to her son's daughter. It set as conditions that the girl be poor and not already provided for by those who are obliged to maintain her.
- Fasting a Friday, Saturday or Sunday on its own
A question about fasting a Friday, Saturday or Sunday on its own, in which Jordan's General Iftaa Department answered that for an unrestricted voluntary fast it is disliked to single out any of these days, and that there is no dislike if a day before or after is added or the day coincides with a day it is sunna to fast. The Department answered that for an unrestricted voluntary fast it is disliked to single out a Friday, a Saturday or a Sunday for fasting. It said there is no harm if one fasts a day before or after the Friday, and likewise with Saturday and Sunday, and no dislike in fasting Friday, Saturday and Sunday together. It added that if one of these days coincides with a day it is sunna to fast, such as the day of Arafa or Ashura, there is no dislike in fasting it on its own.
- Fasting six days of Shawwal
A question about fasting six days of Shawwal, in which Jordan's General Iftaa Department answered that it is a sunna, relying on a hadith reported by Muslim that whoever follows Ramadan with six days of Shawwal is as if he had fasted the whole year. The Department answered that fasting six days of Shawwal is a sunna, relying on a hadith reported by Muslim that whoever fasts Ramadan and then follows it with six days of Shawwal is as one who fasts the whole year. It explained that the reward of fasting Ramadan is like that of fasting ten months and the reward of the six days is like that of sixty days, which together complete the year.
- Fasting the six days of Shawwal before making up Ramadan
A question about fasting the six days of Shawwal before making up Ramadan, in which Jordan's General Iftaa Department answered that it is permitted if the days were missed with an excuse, that someone who broke the fast without excuse must make the days up promptly, and that combining both intentions is permitted though keeping them separate is more cautious. The Department answered that if the fast was broken with an excuse, the six days may come before the make-up days, because making up is then not urgent and may be done in Shawwal or later, whereas the six days can only be fasted in Shawwal. It said that if the fast was broken without excuse, one must hasten to make it up immediately after Eid and before the six days; but if one fasts the six days, they are valid, and the missed fasts must be made up afterwards. It added that the intentions of making up and of the six days may be combined, though it is more cautious to keep each fast separate, for the greater reward and to stay clear of the disagreement of those who disallow combining.
- Fasting while pregnant or nursing
A question about fasting while pregnant or nursing, in which Jordan's General Iftaa Department answered that fasting is obligatory for both, that if they fear for themselves they break the fast and only make it up, and that if they break it out of fear for the child alone they owe the fidya as well as making it up. The Department answered that fasting is obligatory for a pregnant or nursing woman, but if she fears harm that cannot normally be borne, to herself or to herself and the child, she breaks the fast and owes only making it up. It said that if she breaks the fast out of fear for the foetus or baby alone, she owes the fidya in addition to making it up, because only the child benefited from breaking the fast. It explained that the fidya is feeding one poor person for each day not fasted.
- Fasting for people with diabetes, heart disease, high blood pressure, kidney disease or ulcers
A question about fasting for people with diabetes, heart disease, high blood pressure, kidney disease or ulcers, in which Jordan's General Iftaa Department answered that someone wholly unable to fast breaks the fast and pays the fidya without making up the days, someone able on some days fasts those and makes up the rest, and someone burdened in summer but able in winter breaks the fast and makes it up later. The Department answered that someone wholly unable to fast does not fast and owes the fidya, feeding a poor person, but no making up, citing the verse on the fidya in Surat al-Baqara 2:184. It said that someone able to fast on some days of the month but not others fasts what he can and makes up the missed days after Ramadan whenever he is able, with no fidya. It added that a sick person for whom fasting is a hardship in the long, hot days of summer but who can make up the days in the short days of winter breaks the fast and makes it up when able, with no fidya.
- Fees on a deceased lawyer's cases
A question about a lawyer who died after some of his cases were transferred, with the clients' permission, to a female lawyer under a new power of attorney and agreement, in which Jordan's General Iftaa Department answered that the deceased lawyer is entitled to the share of fees matching the work he completed, as estimated by experts, and the rest belongs to the new lawyer under the new agency. The Department answered that lawyers' fees are a wage for agency, and that the majority of jurists hold that a hired worker whose contract is dissolved is entitled in proportion to his work, quoting al-Shirazi in al-Muhadhdhab that on dissolution the agreed price is divided between what was performed and what remains, with valuation referred to experts. It said the contract is dissolved by the death of either party if the heir does not complete it, so the worker is entitled to the share of the agreed fee that experts estimate for the work he did: nothing if he did nothing, half if he completed half, and so on; it quoted al-Khatib al-Shirbini in Mughni al-Muhtaj, including his report from al-Mawardi, on entitlement to the proportionate share after death. It concluded that the lawyer's fees are assessed by what experts in the legal profession estimate for the work he completed before his death, that the agency ended with his death, and that the remaining fees belong to the new lawyer under the new agency.
- Financing a Ramadan iftar invitation in instalments
A question about financing a Ramadan iftar invitation in instalments, in which Jordan's General Iftaa Department answered that maintaining kinship ties is according to one's means and it is better not to burden oneself with debt for it; an interest-bearing loan is forbidden, an interest-free loan or compliant murabaha is not forbidden though burdensome, and borrowing is forbidden if it leads to stinting on one's dependants or the feast is for showing off. The Department answered that Islam encourages maintaining kinship ties, citing a hadith agreed upon by al-Bukhari and Muslim from Anas ibn Malik whose meaning is that whoever wishes his provision to be expanded and his life extended should maintain his ties of kinship; such ties are according to one's means: inviting relatives to iftar is good for whoever can afford it, but whoever cannot should not overburden himself or borrow, and visiting and greeting them suffices. It said that if someone does borrow for the iftar feast, the means matters: an interest-bearing loan is forbidden, citing a hadith narrated by Muslim from Jabir ibn Abdullah about the curse on whoever consumes riba, pays it, records it or witnesses it; an interest-free loan or a murabaha meeting Shari'a standards is not forbidden, though he has burdened himself beyond his capacity, especially if his finances do not allow repayment. It added that the loan is forbidden if it leads to stinting on spending for his family, citing a hadith narrated by Abu Dawud whose meaning is that it is sin enough for a person to neglect those he must provide for, and the feast is likewise forbidden if held for showing off, boasting or display.
- Following an imam through television
A question about following an imam through television, in which Jordan's General Iftaa Department answered that it is not valid, because following an imam requires the imam and follower to be in one place, though it is valid if he is in the same mosque. The Department answered that one of the conditions for validly following an imam is that the imam and the follower be in one place. It said that the prayer of someone following an imam whose prayer is broadcast on television from a distant place is therefore not valid, but it is valid if he is with the imam in the same mosque.
- Forex trading and leverage
A question on forex trading where some companies say leverage is not a loan and charge no swap fees, in which Jordan's General Iftaa Department answered that leverage is a loan that brings a benefit to the lender, so any transaction involving it is not allowed. The Department answered that leverage is, in fiqh terms, a loan from the broker to the trader; with interest it is clearly riba, and without interest it is still riba, because the broker gains the agreed commission on every transaction and because it combines a loan with a sale. It said leverage has a real effect: it multiplies the trader's capital, profits and risk, and earns the broker more commission than if the trader used only his own capital, so it is not a notional sum. It concluded that no transaction involving leverage is allowed, since it is an interest-bearing loan, and that this alone suffices to rule the transaction asked about forbidden.
- Forgetting a make-up fast until the next Ramadan
A question about forgetting a make-up fast until the next Ramadan, in which Jordan's General Iftaa Department answered that he commits no sin and owes no fidya alongside the make-up, because delay for an excuse such as forgetting carries no fidya. The Department answered that whoever forgets to make up Ramadan until another Ramadan arrives commits no sin, citing a hadith narrated by Ibn Majah and by al-Bayhaqi in al-Sunan al-Kubra, whose meaning is that God has overlooked for this community mistakes, forgetting and what they are coerced into. It said he owes no fidya, quoting Bushra al-Karim (p. 580), a Shafi'i work, that delaying the make-up for an excuse such as travel, nursing, forgetting or not knowing that delay is forbidden carries no fidya even if it lasts years, because these excuses permit delaying the fast itself, so they permit delaying its make-up all the more.
- Forging a COVID-19 vaccination certificate
A question about forging a COVID-19 vaccination certificate, in which Jordan's General Iftaa Department answered that forging a vaccination certificate or COVID-19 test is forbidden lying, cheating and forgery; whoever issues the forged certificate shares in the sin, and the prohibition is greater if a bribe is paid to obtain it. The Department answered that a Muslim is bound to truthfulness in word and deed whatever the circumstances, citing Surat al-Tawba 9:119, and that truthfulness includes presenting genuine medical tests and certificates that honestly show one's state of health, among them vaccination certificates and tests for the virus. It said that producing a forged certificate showing that the holder has been vaccinated, or a forged test showing that he is not infected, is lying, cheating and forgery, which God has forbidden, citing a hadith narrated by al-Bukhari whose meaning is that false testimony is among the gravest of major sins. It added that forgery in such medical matters has serious consequences for society and can undo much of the work of the responsible authorities; whoever issues the forged certificate aids and shares in the sin, and the prohibition is greater if a bribe is involved, citing Surat al-Ma'ida 5:2. It concluded that everyone must be truthful in presenting medical certificates and tests and avoid forgery, lying and trickery, especially since the safety of the whole society is at stake.
- Friday prayer for a traveller
A question about friday prayer for a traveller, in which Jordan's General Iftaa Department answered that it is not obligatory on a traveller who leaves home before dawn and does not intend to stay four days or more, but becomes obligatory if he sets out after the dawn call to prayer. The Department answered that Friday prayer is not obligatory on a traveller, whether the journey is long or short, provided that in the Shafi'i school he leaves his place of residence before dawn and does not intend to stay at his destination four days or more, excluding the days of arrival and departure. It said that if he sets out after the dawn call to prayer, he must attend Friday prayer in his town or in any town where it is held, quoting this from Bushra al-Karim (1/383), a Shafi'i work, and explained that a short journey is one under 81 km and that the concession begins on leaving the town's built-up area.
- Gathering fallen olives without the owner's permission
A question about gathering fallen olives without the owner's permission, in which Jordan's General Iftaa Department answered that in principle one may not take another's fruit without permission, but gleaning what is left after harvest is tolerated on four conditions: it is after the owners have harvested, the land is not fenced or near a house, the owner's consent can be presumed, and the trees are not damaged. The Department answered that in principle one may not eat from fruit trees planted at homes or in orchards without the owner's permission, citing a hadith narrated by Ahmad in al-Musnad whose meaning is that a person's property is not lawful to others except with his willing consent. It said that leftovers after the fruit harvest may be tolerated on four conditions: the gleaner takes what remains only after the owners have harvested, not before; the land is not fenced or close to the precincts of a house, in which case permission must be sought; the owner's forgiveness is likely, for example where custom is known to tolerate gleaning; and the gleaner takes care of the trees and does not damage or break them. It quoted Mughni al-Muhtaj (3/592) that gleaning ears of grain and the like at harvest time is permitted if one presumes the owner has abandoned them or is content for them to be taken, whether or not the gleaner is eligible for zakat, although al-Zarkashi differed on the latter point, since this small amount is overlooked, as the early and later generations practised.
- Giving a service as zakat
A question about giving a service as zakat, in which Jordan's General Iftaa Department answered that services such as housing, education and medical treatment may not be given as zakat, because zakat must be paid as wealth that the poor person comes to own. The Department answered that zakat must be paid from the asset on which it is due, except zakat on trade goods, which is paid by value, and that it must transfer ownership, citing the verse on the recipients of zakat in Surat al-Tawba 9:60 and saying its preposition denotes ownership. It said that services such as housing, education and medical treatment may not be given as zakat on wealth, because zakat on wealth must be paid as wealth that the poor person comes to own, and these services are intangible and cannot be owned.
- Giving sacrifice meat to poor People of the Book
A question about giving sacrifice meat to poor People of the Book, in which Jordan's General Iftaa Department answered that they may be given meat from a voluntary sacrifice just as they may be given charity, a view among the Shafi'is favoured by al-Muhibb al-Tabari and al-Nawawi. The Department answered that poor People of the Book may be given meat from a voluntary sacrifice, just as they may be given charity. It said this is a view within the Shafi'i school that al-Muhibb al-Tabari and al-Nawawi inclined towards, referring to the Hashiya of Ibn Qasim al-Abbadi on Tuhfat al-Muhtaj (9/365).
- Gold given to a father-in-law and claimed after his death
A question from a woman who gave her father-in-law gold jewellery and an ounce of gold and claimed her right after his death, when the heirs offered a cash sum, in which Jordan's General Iftaa Department answered that a loan is repaid in the form in which it was taken, so borrowed gold is returned as gold by weight. The Department answered that a loan is handing property to someone who benefits from it so that he returns its like, permitted for the borrower and recommended for the lender, and that the borrower must repay it in the form in which he borrowed it: cash is returned as cash and gold as gold by weight, because ownership in a loan is established on receipt and settles as a debt in the form received. It cited al-Khatib al-Shirbini's statement in Mughni al-Muhtaj that a fungible item is repaid with its like in a loan because that is closest to the lender's right, and the decision of the International Islamic Fiqh Academy at its fifth session that debts are repaid with their like, not their value. It distinguished two cases: if the lender sold the gold and handed over its price in cash, the amount of cash must be returned; if she handed over the gold itself and the borrower then sold it, its like must be returned by weight. It said that in the second case there is no objection to repaying in cash on the spot if both parties agree on the day of repayment rather than before, provided the gold price of that day is used and the exchange is completed in the same sitting.
- Calculating the gold nisab when the gold is of mixed karats
A question about calculating the gold nisab when the gold is of mixed karats, in which Jordan's General Iftaa Department answered that the nisab is 85 grams of 24-karat gold, 97 of 21-karat or 113 of 18-karat, and that with mixed karats the cash values are added at the buying price on the day zakat falls due. The Department answered that zakat is due on money and on gold kept as savings or for trade when the total reaches the nisab and a lunar year has passed over it, and that the nisab is 85 grams of 24-karat gold, equal to 97 grams of 21-karat and 113 grams of 18-karat. It said that with several karats, the owner calculates the cash value of the gold he owns, adds the values together to determine the nisab, and pays zakat on the value in cash if the total reaches it, the relied-upon price being the buying price, meaning what a dealer pays the owner for the gold, on the day zakat falls due.
- Haemorrhoid bleeding after wudu
A question about haemorrhoid bleeding after finishing wudu, in which Jordan's General Iftaa Department answered that it does not break wudu if it comes from outside the anus, does break it if it comes from inside, and that continuous bleeding takes the ruling of urinary incontinence. The Department answered that if the blood comes from outside the anus, because the haemorrhoid protrudes, it does not break wudu, since blood leaving the body from anywhere other than the two passages does not break it. It said that if the blood comes out of the anus, the haemorrhoid being inside, it breaks wudu, so one must cleanse it, wash the place of the impurity and repeat wudu. It added that if the blood flows continuously, so that there is no interval long enough for purification and prayer without it, it takes the ruling of urinary incontinence: one cleans it after the time of each prayer begins, performs wudu straight after and prays the obligatory prayer at once; nothing more is required if some then comes out, and one may pray as many voluntary prayers as one wishes, but another obligatory prayer requires cleaning and wudu again.
- Hajj first, or a child first?
A question from a couple living in Saudi Arabia on whether to perform hajj or have a child first, in which Jordan's General Iftaa Department answered that hajj should be performed promptly, but its obligation is not immediate, so the order of priorities rests on the couple's needs. The Department answered that hajj is obligatory on a responsible adult who is able, ability meaning having the means for hajj beyond essential needs such as housing and maintenance, quoting Ibn Hajar al-Haytami's definition. It said priorities follow need, because hajj, though obligatory, need not be performed immediately, quoting al-Nawawi's Rawdat al-Talibin that someone who needs to marry for fear of falling into sin should spend his money on marriage before hajj, since that need is pressing and hajj is not immediate, and adding that each person is best placed to judge his own priorities. It noted that having children is among the sharia's great aims, the preservation of lineage, but can be postponed and is not a pressing need, especially when the wife is young. It concluded that hajj is a great pillar to be hastened to, but since its obligation is not immediate, the rules for weighing priorities apply when obligations compete.
- Adding a foster child to health insurance
A question on adding a foster child to health insurance, in which Jordan's General Iftaa Department answered that there is no sharia objection if the regulations allow it, and that doing so carries great reward. The Department answered that there is no sharia objection to adding foster children to the health insurance and education the state offers the fostering family, if the regulations and laws allow it, and that the family earns great reward, since the sharia urges care for such children. It quoted al-Nawawi's Rawdat al-Talibin that the rules on foundlings oblige the finder to protect and care for the child, and that jurists use the word hadana here in the sense of protection and upbringing. It said that easing procedures for fostering families, especially those without children of their own, is one way of protecting these children from neglect, and that if they have no means their maintenance falls on the public treasury, and failing that on the Muslims as a communal obligation, as it quoted from al-Nawawi. It closed by urging official bodies and citizens to work together to care for foster children and ease procedures for fostering families.
- Someone who dies in debt and leaves no wealth
A question about someone who dies in debt and leaves no wealth, in which Jordan's General Iftaa Department answered that debts are paid from the estate before it is divided, and that if there is no estate or it is not enough, the heirs are not obliged to pay from their own wealth but it is recommended for them. The Department answered that when someone dies owing rights to people, such as debts, they are paid from his estate before it is divided if he left wealth, and that settling debts comes before the heirs' right to inherit, relying on a hadith graded sound (hasan) by al-Tirmidhi that a believer's soul remains suspended by his debt until it is paid on his behalf. It said that if the deceased left no estate, or left wealth that does not cover the debts, the heirs are not obliged to pay them from their own wealth, but it is recommended for them, because the deceased remains burdened by the debt and it is not filial devotion for a son to leave his father so burdened. It added that all the children can contribute and cooperate to settle their father's debts, even in instalments according to their means.
- Helping the poor from mosque donations
A question about helping the poor from money people donate for the upkeep of a mosque, in which Jordan's General Iftaa Department answered that this is forbidden, because a donor stands in the place of an endower whose condition must be respected, and that the poor are to be provided for through zakat committees. The Department answered that mosque committees may not spend any of the mosque's donations on anything other than what they were collected for, because donations are spent according to the donor's intention and condition, the donor stands in the place of an endower, and an endower's condition must in principle be kept. It quoted Imam al-Haramayn al-Juwayni in Nihayat al-Matlab that the endower's condition governs the qualities, amounts and order of those entitled, and al-Shirazi in al-Muhadhdhab that an endowment's yield is spent according to the endower's condition. It said the poor and needy have a known right in Muslims' wealth, and the people of every neighbourhood should provide for those in need there, which can be done through the zakat committees working in their area. It concluded that spending any mosque donations on the poor and needy is forbidden, because what is collected for a specific purpose may not be spent on another and the donor's condition is binding.
- Withholding food to wait for higher prices
A question from a food trader about merchants who withhold goods because they know prices will soon rise, in which Jordan's General Iftaa Department answered that hoarding is forbidden, and more gravely so for staple foods. The Department answered that the sharia forbids hoarding because it harms people, defining it as holding what was bought at a time of high prices to sell it dearer when need is acute. It said hoarding covers all goods people need if withholding them harms people, the Maliki view and that of Abu Yusuf among the Hanafis, quoting Ibn Rushd al-Jadd's al-Bayan wa-l-Tahsil and al-Kasani's Bada'i al-Sana'i. It said hoarding staple foods is more gravely forbidden, quoting Zakariyya al-Ansari's Asna al-Matalib that it is forbidden because it straitens people, Ibn Hajar al-Haytami's al-Zawajir counting it among the major sins, and his report that al-Ghazali extended staples to what supports them, such as meat and fruit. It concluded that merchants may not withhold basic foodstuffs or other goods bought at a time of high prices in order to sell them dearer when need for them is acute.
- Holding a second congregation in a mosque
A question about holding a second congregation in a mosque, in which Jordan's General Iftaa Department answered that it is disliked to deliberately hold one in a neighbourhood mosque with a regular imam unless he permits it, and that second and third congregations are permitted in busy mosques such as those in markets. The Department answered that it is disliked to deliberately hold a second congregation in a mosque that is not a thoroughfare, such as a neighbourhood mosque, when it has a regular imam, unless the imam permits it, because it implies criticism of the imam. It said that in a busy mosque, such as a market mosque, second and third congregations are permitted whether or not it has a regular imam and whether or not the imam permits it, because people come to it in large numbers and several congregations imply no criticism of the imam.
- Romanian and Australian sheep for the sacrifice
A question about romanian and Australian sheep for the sacrifice, in which Jordan's General Iftaa Department answered that a sheep is valid if it has reached the age the law requires and is free of harmful defects, whatever its country of origin. The Department answered that a sheep that meets the conditions of the sacrifice, having reached the age the law requires and being free of harmful defects, is valid regardless of its country of origin. It said that Romanian, Australian, Spanish, Indian, Sudanese, local and other sheep may therefore be offered.
- Injections and intravenous drips while fasting
A question about injections and intravenous drips while fasting, in which Jordan's General Iftaa Department answered that therapeutic skin and muscle injections do not break the fast, while nourishing intravenous drips do. The Department answered that therapeutic injections into the skin or muscle are not among the things that break the fast, because they do not enter the interior through an open passage. It said that nourishing intravenous drips do break the fast, because in meaning they are like food and drink.
- Bank instalment financing for hajj and umrah trips
A question about a hajj and umrah company that agreed with a bank on instalment sales to its clients, in which Jordan's General Iftaa Department answered that financing such services is structured as a lease of a described service owed in liability together with a parallel lease, and set out its conditions, including a ban on late-payment penalties. The Department answered that contracts financing services rest on the financing institution agreeing with the travel companies on the terms and specifications the client requires, buying that service from them, and reselling it to the client in instalments, and that this is structured as a lease of a described service owed in liability (ijara mawsufa fi al-dhimma) together with a parallel lease. Among its conditions it listed that the service be known by its specifications, that it have recognised value in law and custom, and that the financier remain bound to deliver the service to the client to the end, so that if the company refuses to provide the service the client has recourse against the financier, unless the cause of refusal is stated in the contract. It added that the financier may not impose late-payment penalties on the client, because such penalties are forbidden usury. It concluded that the contracts must be drawn up as a lease of a described service owed in liability and a parallel lease, governed by these conditions.
- Instalment sales and their conditions
A question about instalment sales and their conditions, in which Jordan's General Iftaa Department answered that they are permitted even if the instalment price exceeds the cash price, subject to conditions including fixing one of the two prices at the contract, fixing the instalment terms, charging nothing extra for late payment, and not stipulating a discount for early payment. The Department answered that there is no objection to buying and selling goods in instalments even if the instalment price is higher than the cash price, and that the majority of scholars of the four schools agree this form is permitted, citing Aisha's report of Barira, who contracted with her owners for nine ounces, one ounce each year. It quoted al-Nawawi in Rawdat al-Talibin that if someone says, I sell you this for a thousand in cash or two thousand deferred, the contract is valid. It listed conditions: one of the two prices, cash or instalment, must be agreed at the contract; the instalment dates must be fixed to avoid uncertainty; no extra sum may follow from the buyer's late payment, since any increase on the original debt is usury; and the contract may not stipulate a reduction in price for early payment. It noted that the answer sets out the general rules for instalment sales and is not a fatwa on any particular contract.
- Insulin injections while fasting
A question about insulin injections while fasting, in which Jordan's General Iftaa Department answered that they do not break the fast because they go under the skin and do not reach the interior. The Department answered that an insulin injection does not break the fast. It explained that the injection is under the skin and does not pass into the body's interior.
- Taking insurance compensation for road-accident injuries
A question from someone injured in a road accident about taking compensation from the insurance company, in which Jordan's General Iftaa Department answered that compensation for harm is lawful, so there is no objection to taking it for real harm, without deception or lying. The Department answered that compensation for material harm is lawful in fiqh and that jurists have set out the grounds that require it; it pointed to the Qur'an's establishing blood money for accidental killing, and quoted al-Mawardi's al-Hawi al-Kabir that whoever destroys something is liable for it. It said compensation falls on whoever directly caused the harm or brought it about, since the act is what creates liability, quoting al-Ramli's Nihayat al-Muhtaj that whoever destroys another's property or misuses it owes its replacement and the hire. It concluded that there is no objection to taking compensation from insurance companies when it is for real harm caused by the accident, with no deception or lying involved.
- Insuring receivables
A question from a trader offered insurance by a company on the debts other traders owe him in return for an annual percentage, in which Jordan's General Iftaa Department answered that insuring debts is unobjectionable if the insurance is cooperative and the debt arises from a lawful transaction, and not permitted if the insurance is commercial. The Department answered that the ruling on insuring debts depends on the type of insurance: if it is commercial, dealing in it is forbidden, because commercial insurance is forbidden in the view of the majority of jurists and the fiqh academies, as a contract built on gambling. It said that if the insurance is Islamic cooperative insurance, dealing in it is permitted, because it rests on mutual guarantee, cooperation and donation among the members of the fund, which is the view of most fiqh academies and contemporary fatwa bodies. It concluded that insuring debts is unobjectionable if the insurance is cooperative, since the risk of late payment or non-payment is one that may be insured against, provided the debt arises from a lawful transaction, and that it is not permitted if the insurance is commercial.
- Giving money to a car dealership for a share of the profit
A question on giving money to a brother who owns a car dealership to trade with in return for a share of the profit, which Jordan's General Iftaa Department classified as mudaraba. The Department answered that this is a form of mudaraba, in which the owner of capital gives money to someone who trades with it, the profit being shared at an agreed ratio, quoting the definition from Ibn Hajar al-Haytami's Tuhfat al-Muhtaj. It required that each party's share be a proportion of the profit actually made: a fixed sum for either party, or a percentage of the capital, is not allowed, because that amounts to guaranteeing the capital and a fixed return. It concluded that sharing the realised profit at the agreed ratio is permitted, while tying the return to the amount paid in with the capital guaranteed is forbidden riba.
- Does a meal before sleeping, before midnight, count as suhur?
A question about does a meal before sleeping, before midnight, count as suhur?, in which Jordan's General Iftaa Department answered that suhur is food eaten after midnight, and that the nearer it is to dawn the better, as long as one does not fear dawn has broken. The Department answered that suhur is food eaten after midnight so that a Muslim is strengthened for the fast, and that the nearer it is to dawn the better. It relied on a hadith reported by Ahmad that the community remains in good as long as it hastens breaking the fast and delays suhur, and said that delaying it gives more strength for worship. It said this holds as long as one does not fear that dawn has broken; if one is unsure whether night remains, it is better to leave suhur, relying on a hadith reported by al-Tirmidhi about leaving what causes doubt for what does not.
- Istibra: clearing the urinary tract, its ruling and method
A question about the ruling on istibra, clearing the urinary tract, and how it is done, in which Jordan's General Iftaa Department answered that it is recommended, that its aim is to be reasonably sure nothing remains in the tract, and that the method varies from person to person. The Department answered that istibra from urine is recommended: making sure that no urine remains in its passage before cleansing oneself. It said that it may be done by clearing the throat, gently passing a finger to bring out any urine that may remain, and walking a few steps, as far as needed to be reasonably sure nothing remains, if walking is needed. It added that each person knows his own constitution best, that the preferred view is that this differs from person to person, and that the aim is to be reasonably sure that nothing remains in the passage that might come out.
- Jordan Lotto
A question about Jordan Lotto, in which Jordan's General Iftaa Department answered that it is a new form of the charity lottery and is forbidden gambling. The Department answered that the Lotto is in reality a new format of the so-called charity lottery, and that the idea behind it is to revive the Jordanian charity lottery. It referred to its fatwa no. 1303, which concluded that the charity lottery is forbidden because it rests on gambling and is part of maysir, and that spending its proceeds on charity and the poor does not make it lawful, since the end does not justify the means. It said a ticket buyer buys it hoping for gain and ends up either winning or losing, and concluded that the Lotto is a form of gambling, since a person pays money and is left between gain and loss, which is forbidden in the sharia.
- Kidney dialysis while fasting in Ramadan
A question about kidney dialysis while fasting in Ramadan, in which Jordan's General Iftaa Department answered that it breaks the fast, that the patient must make the day up, and that if he cannot, he pays the fidya. The Department answered that kidney dialysis breaks the fast, because, as physicians know, the dialysis fluid is nourishing, and because it causes substances to enter the body's interior. It said that the patient must make that day up after Ramadan, and if he cannot, he pays the fidya, feeding one poor person for each day not fasted.
- Late-payment fines in a cooperative's murabaha financing
A question about late-payment fines in a cooperative's murabaha financing, in which Jordan's General Iftaa Department answered that stipulating late-payment fines on a debtor is forbidden, while stipulating that all remaining instalments fall due if some are late is permitted, and the creditor may secure the debt with guarantors or a pledge. The Department answered that a debtor able to pay is forbidden to delay, citing a hadith narrated by al-Bukhari whose meaning is that a wealthy person's delay is wrongdoing, and one narrated by Abu Dawud that such delay makes him liable to censure and penalty; the creditor may claim his debt by proper means without taking anything beyond his right. It said that imposing late fines or compensation on the debtor runs against the purpose of the Shari'a, citing Surat al-Baqara 2:280, and quoted resolution no. 124 of Jordan's Iftaa Council that a penalty clause in debts is void and voids the contract, being the riba of the pre-Islamic era forbidden in Surat al-Baqara 2:275, referring to al-Qurtubi's Tafsir (3/275) on how the Arabs used to increase a debt when it fell due. It said the creditor may stipulate that all remaining instalments fall due if the debtor is late, citing a hadith narrated by al-Tirmidhi that Muslims are bound by their conditions except a condition that forbids the lawful or permits the forbidden, and resolution no. 51 (2/6) of the Islamic Fiqh Academy permitting such acceleration if the debtor agreed to it when contracting; the creditor may also secure the debt from the outset with guarantors or a pledge.
- A university lecturer's duty to follow working-hours instructions
A question on a lecturer objecting to being required on campus four days a week, in which Jordan's General Iftaa Department answered that he must follow administrative instructions issued by those with authority to issue them. The Department answered that parties to contracts of exchange must honour their terms, citing the hadith that Muslims are bound by their conditions, unless a condition plainly contradicts the sharia by permitting the forbidden or forbidding the permitted. It said teaching loads, in hours and days, are governed by regulations applied by officials with delegated authority, so as long as an official acts within his powers and in the interest of teaching, his organisational decisions must be followed. It added that anyone who feels wronged should take the matter to the competent bodies rather than resort to defiance or quarrelling, whose harm outweighs any benefit, and concluded that the lecturer must follow the instructions so long as they accord with the laws and regulations.
- Borrowing company shares
A question about borrowing company shares and returning them later against a cheque held as security, in which Jordan's General Iftaa Department answered that shares may not be lent, because their value fluctuates and like-for-like return is impossible. The Department answered that a loan is handing over property to someone who benefits from it so that he returns its like, and that it is permitted for the borrower and recommended for the lender. It said shares are undivided portions of ownership in joint-stock companies whose value changes with the company's assets and activities, so their like cannot be returned; the gap between their value when lent and when returned may be large, causing gross unfairness. It cited Sharia Standard No. 24 of the Shari'ah Standards for Islamic Financial Institutions, which bases the prohibition on lending shares on the fact that, given the constant change in a company's assets, shares at the time of return are not the like of what they were when lent. It concluded that company shares may not be lent, given the large fluctuation in their value.
- Lending gold and requiring the workmanship fee on repayment
A question from someone lending her sister a piece of gold to sell, to be repaid with a piece of the same weight whose workmanship fee the sister bears, in which Jordan's General Iftaa Department answered that the like of the gold must be returned in weight and kind, and that requiring the workmanship fee is not allowed because it is riba. The Department answered that a gold loan is in principle repaid in gold of the same amount, weight and kind, citing the hadith requiring gold for gold weight for weight, and that an increase is riba if stipulated, but good repayment if given without stipulation. It said the lender may not require the borrower to bear the workmanship fee, because gold is one of the riba-bearing goods that must be exchanged like for like against its own kind, and what counts is equal weight of pure gold, not quality or workmanship. It cited Taqi al-Din al-Subki's completion of al-Majmu' that the sharia disregards quality, and al-Shafi'i's al-Umm that it is wrong to exchange silver with a smith for wrought silver jewellery while also paying his fee, since that is an unequal exchange. It added that returning a new piece for an old one does no harm, provided weight and kind are equal.
- When a bank cancels a dead borrower's loan: what of the person he borrowed for?
A question from someone for whom another man took a loan from an interest-based bank and then died, with insurance paying off the debt, in which Jordan's General Iftaa Department answered that the ruling depends on how the two were related. The Department first said that borrowing on interest is forbidden and a grave sin, and that anyone who has done so must sincerely repent. It then distinguished two cases. In the first, the questioner appointed the deceased as his agent to borrow for him: this is agency, since the agent did not borrow for himself but for his principal, who is the real borrower, and an agent's acts serve the principal's interest, as Taj al-Din al-Subki stated; so if the bank cancelled the loan for the agent, it is cancelled for the principal, who owes nothing further to the heirs. In the second, the questioner asked the deceased for a loan without specifying its source, and the deceased borrowed from the bank and lent it on: these are two separate contracts, and the bank's cancellation of its loan does not cancel what the questioner owes the deceased. It referred to an earlier decision of its Iftaa Council, no. 251 of 2018, on a similar case.
- Loudspeakers for Qur'an and dhikr in public places
A question about loudspeakers for Qur'an and dhikr in public places, in which Jordan's General Iftaa Department answered that broadcasting dhikr over loudspeakers is permitted in places that are noisy by nature, such as markets, at a volume suited to the place that harms no one, while in crowded residential areas any loud sound that disrupts their calm is not permitted, since disturbance and harm are prohibited. The Department answered that Islam encourages remembrance of God and attaches great reward to it, citing Surat al-Ahzab 33:35, a hadith narrated by al-Tirmidhi whose meaning is that remembrance of God is the best and purest of deeds, the censure of heedlessness in Surat al-Anbiya' 21:1, and the unrestricted encouragement of dhikr in Surat al-Nisa' 4:103. It said that dhikr aloud, whether by the person himself or through recording devices, is prohibited if it causes disturbance or noise harm to people, citing a hadith in the Muwatta of Malik whose meaning is that one who prays is in private converse with his Lord, so none should recite the Qur'an aloud over another, and quoting Mir'at al-Mafatih (3/167) that the prohibition covers those inside and outside prayer, whether praying, sleeping or reciting, because it causes harm. It said that in places noisy by nature, such as markets and some parks, dhikr aloud is permitted in principle and should not be prevented, citing a report narrated by al-Bukhari that Ibn Umar and Abu Hurayra went out to the market in the first ten days of Dhu al-Hijja saying takbir and the people said it with them, and Ibn Abbas's statement, in a hadith agreed upon by al-Bukhari and Muslim, that raising the voice in dhikr after the obligatory prayer was practised in the Prophet's time. The condition is that the volume suits the place and does not stop people communicating; a claim of disturbance from someone who simply does not wish to hear dhikr is not taken into account. As for crowded residential areas where people live, sleep and rest, the Department held that in principle any loud sound that disrupts their calm is not permitted, whether dhikr, recitation or anything else, since they contain the sleeping, the sick and those praying, and the Shari'a commands kindness to people.
- Setting up a charcoal factory
A question about setting up a factory to produce charcoal, given that charcoal has many uses, in which Jordan's General Iftaa Department answered that making and selling charcoal is unobjectionable when it can be put to a lawful use, while a type made only for a forbidden use may not be made or sold. The Department answered that there is no objection to working in the making and marketing of charcoal, because it is a pure, useful commodity of neutral nature: it may be used for permitted purposes such as cooking, heating and burning incense, or for forbidden ones such as lighting a water pipe or cooking forbidden food, and the sin lies with whoever uses it in a forbidden way. It said that if a type of charcoal were exclusively for a forbidden use and could not be used otherwise, making and selling it would be forbidden. It concluded that making and selling charcoal is unobjectionable when it can be used lawfully, as for cooking and heating, but that a type assigned only to a forbidden use, with no other possible use, may not be made or sold.
- Rules for studying and practising obstetrics and gynaecology
A question from a medical student on attending practical obstetrics and gynaecology classes, men specialising in the field, and patients being pressed to be examined before students, in which Jordan's General Iftaa Department answered that women should in principle treat women, need is met only as far as it goes, and a patient may not be compelled. The Department answered that the sharia encourages seeking treatment and learning medicine, which jurists count as a communal obligation not limited to one sex, but that in principle women treat women and men treat men, and any need is met only as far as it requires. It said the same applies to teaching: women should teach women and men teach men, and providing specialists of both sexes must be pursued; where no specialist of the same sex is available, a man may treat a woman or the reverse out of need, observing the rules, citing al-Bujayrimi's gloss. In teaching, teaching aids that achieve the aim without exposing private parts come first; if that is not possible, practice should be among students of the same sex, within the limits of need. It said that compelling a patient to be treated by a male doctor or trainee breaches the rules protecting patient privacy, and is not permitted in sharia when a female doctor or trainee is available.
- The minimum age of animals for aqiqa and udhiya
A question about the minimum age of animals for aqiqa and udhiya, in which Jordan's General Iftaa Department answered that the minimum is five years for camels, two for cattle and goats and one for sheep, and that a sheep over six months may be used if large and fat. The Department answered that the minimum age for udhiya and aqiqa is five full years, entering the sixth, for camels; two years, entering the third, for cattle and goats; and one year, entering the second, for sheep. It said a sheep may be over six months old provided it is large and fat.
- A mosque-building committee hiring a car from building donations
A question about a mosque-building committee hiring a car from building donations, in which Jordan's General Iftaa Department answered that no part of building donations may be spent on anything other than their purpose, and that the remedy is for the committee to collect donations for administrative costs, informing donors. The Department answered that mosque-building committees may not spend any of the donations for building the mosque on anything other than the purpose they were collected for, because donations are spent according to the donor's intention and condition, the donor stands in the place of an endower (waqif), and the endower's conditions are to be honoured. It cited Imam al-Haramayn al-Juwayni in Nihayat al-Matlab (8/362) that the endower's conditions govern the qualities, shares and order of beneficiaries, and al-Shirazi in al-Muhadhdhab (2/328) that an endowment's yield is spent according to the endower's conditions because the Companions made endowments and wrote down their conditions. It concluded that none of the donations may be spent on car hire or anything else, and that if those in charge wish to avoid sin, they should collect some donations specifically for the committee's administrative costs, on condition that donors are told.
- Paying the imam's rent from mosque donations
A question on paying the rent of an imam's home outside the mosque from the donations box, in which Jordan's General Iftaa Department answered that donations are spent according to what they were collected for, and that the mosque committee may rent a home for the imam with the approval of the awqaf director. The Department answered that what the mosque care committee collects in the name of the mosque's costs and repairs is treated like an endowment for the mosque, and the donor's stipulation is followed unless it contradicts the sharia. It divided what is endowed for a mosque into what serves the mosque itself, such as carpets, equipment, books and its building, and what serves those who run it, such as the imam's or muezzin's home; donations collected for the latter may be spent on the imam's home with the permission of the endowment's administrator, the Ministry of Awqaf, represented by the committee. If the committee did not tell people the purpose, the matter is left to the committee, as delegated by the ministry, with regard to the interests of the mosque and its facilities, and it recommended collecting donations in the name of 'the mosque's interests'. It noted that article 25 of the Mosques and Qur'an Houses Regulation no. 95 of 2004 lets the committee handle other matters the director approves in writing, so it may ask the awqaf director for approval to rent a home for the imam.
- Moving endowed mosque furnishings to another mosque
A question on moving endowed carpets and books from one mosque to another, in which Jordan's General Iftaa Department answered that they should in principle stay in their mosque, but may be moved if they can no longer be used there. The Department answered that whatever is placed in a mosque as an endowment falls under the rules of endowment: its benefit stays with Muslims at large and no one owns it, and what was endowed to a particular mosque should in principle remain there out of respect for the endower's wish, so it may not be sold, given away or lent to a private party. It said endowed items that are worn out, or that have been replaced by equivalents, may be sold or moved once it is clear they cannot be used in that mosque and have become a burden on it, since moving them fulfils the endowment's purpose even in another place, while leaving them wastes their benefit entirely. It cited al-Nawawi's Rawdat al-Talibin that worn mosque mats are, on the sounder view, sold so they are not wasted, and I'anat al-Talibin that a mosque's mats and lamps may be moved to another mosque if it does not need them. It noted that decisions on such matters rest with the bodies responsible for endowment property.
- Moving a deceased person's remains to a family cemetery
A question about moving a deceased person's remains to a family cemetery, in which Jordan's General Iftaa Department answered that a grave may not be opened and the remains moved while the deceased's bones remain in it, and that difficulty of visiting is not a necessity that permits exhumation, since one can pray for the deceased from afar and visit at longer intervals. The Department answered that the deceased has sanctity and dignity, citing Surat al-Isra' 17:70, and that graves may not be opened or removed while the bones of the dead remain in them; bones decay only after hundreds of years, as observed in the country. It cited, as evidence that the dead have the same sanctity as the living, a hadith narrated by Abu Dawud whose meaning is that breaking a dead person's bone is like breaking it while he is alive, and a hadith narrated by Muslim whose meaning is that sitting on an ember that burns through one's clothes to the skin is better than sitting on a grave; part of the deceased's dignity is that his grave not be opened or his sanctity violated. It said the place where a person is buried counts as an endowment for him, and burial in a public cemetery is better so that more people pray for and visit the dead; since he was buried in a private cemetery, there is no need or necessity to move him near his family so they can visit and pray for him, since prayer can be made from afar, and visits can be made at longer intervals if they are difficult. It concluded that the grave may not be opened unless the remains have fully decayed.
- Multiplied reward in the two sanctuaries includes voluntary prayer
A question about multiplied reward in the two sanctuaries includes voluntary prayer, in which Jordan's General Iftaa Department answered that the multiplied reward for prayer in the two sanctuaries makes no distinction between obligatory and voluntary prayer, since the hadiths are unrestricted, and that it covers prayer anywhere within the sanctuary. The Department answered that the hadiths on multiplied reward in the two sanctuaries draw no distinction between obligatory and voluntary prayer, being unrestricted and general, so they may not be limited without evidence, quoting al-Nawawi in al-Majmu (8/476) that the Shafi'i position is that the merit of prayer in the mosques of Mecca and Medina covers both obligatory and voluntary prayer. It said the multiplication applies to whoever prays in the Sacred Mosque or anywhere within the sanctuary, quoting al-Shirwani's glosses on Tuhfat al-Muhtaj (10/95) that the soundest view according to al-Nawawi is that it covers the whole sanctuary and is not confined to the mosque or to Mecca.
- Muslim workers building a Christian cemetery
A question whether Muslim labourers may work on building a Christian cemetery in which Christian dead will be buried; Jordan's General Iftaa Department answered that Muslim workers may build and prepare cemeteries for non-Muslims, including the Christians of their country and others, since this is kindness and good dealing, the principle in dealing with non-Muslims being justice and kindness by the text of the verse of al-Mumtahana; it is among the rights of protected non-Muslims and a sign of God's honouring of the human being in the verse of al-Isra. The Sunna, the reports of the early Muslims and the jurists' statements allow a Muslim to lend a hand, whether for pay or voluntarily, to non-Muslims in what upholds human dignity, including their burial: the Prophet ordered Ali to bury Abu Talib, who died outside Islam, as in al-Nasa'i's Sunan, and Ibn Abbas said of a Christian with a Muslim son that the son should have followed his bier and buried him. The Department quoted al-Juwayni in Nihayat al-Matlab that shrouding and burying a non-Muslim who has no guardian of his own faith is a collective duty on the Muslims, al-Shirbini in Mughni al-Muhtaj that the sounder view is that shrouding and burying a protected non-Muslim is obligatory from the treasury and then on the Muslims, and al-Buhuti in Kashshaf al-Qina' that there is no harm in digging a grave for a protected non-Muslim for a fee; so there is no blame on a Muslim who works on non-Muslim cemeteries.
- Whether the mosque for i'tikaf must hold Friday prayer
A question about whether the mosque for i'tikaf must hold Friday prayer, in which Jordan's General Iftaa Department answered that it is not a condition, except for someone who has vowed a continuous i'tikaf that spans a Friday. The Department answered that it is not a condition for the mosque of i'tikaf to be one where Friday prayer is held. It made an exception for someone who has vowed a continuous i'tikaf that spans a Friday: his i'tikaf must be in a mosque where Friday prayer is held, so that he does not break its continuity by leaving to attend the Friday prayer.
- Wudu and ghusl with nail polish
A question about a woman who performed wudu or ghusl while wearing nail polish, in which Jordan's General Iftaa Department answered that the polish must be removed beforehand because it is a barrier that keeps water out. The Department answered that nail polish must be removed before wudu or ghusl so that water is sure to reach what lies beneath it, because it counts as a barrier that prevents water from reaching the nail. It cited a hadith narrated by Ali warning anyone who, in the ghusl for major impurity, leaves even the spot of one hair untouched by water.
- Opening new accounts to get a first-purchase discount
A question about opening new accounts to get a first-purchase discount, in which Jordan's General Iftaa Department answered that a Muslim must be truthful, and that opening a new account for the same buyer must respect the site's rules; if it breaches them it is not permitted. The Department answered that a Muslim must be truthful in word and deed, citing Surat al-Anfal 8:27, Surat al-Tawba 9:119 and a hadith it attributes to al-Bukhari whose meaning is that whoever cheats the Muslims is not of them. It said that opening a new account for the same buyer must respect the website's instructions; if it breaches them, it is not permitted.
- The number of rak'as in tarawih
A question about the number of rak'as in tarawih, in which Jordan's General Iftaa Department answered that its most complete form is twenty rak'as besides the shaf' and witr, and that its basic form is achieved with any even number, even two. The Department answered that the most complete form of tarawih is twenty rak'as besides the shaf' and witr, saying that this is the position of the great majority of scholars, early and later, and is the practice in the lands of the two Holy Mosques. It said that the basic sunna of tarawih is achieved with any even number of rak'as, even two, prayed with the intention of standing in prayer in Ramadan.
- Objecting to the imam combining prayers because of rain
A question about objecting to the imam combining prayers because of rain, in which Jordan's General Iftaa Department answered that worshippers may not object to the imam over this, whether to demand combining or to oppose it. The Department answered that none of the worshippers may object to the imam in the mosque, whether the objection is to demand that he combine the prayers or that he not combine them. It explained that the imam is presumed to have the knowledge of the Sharia that qualifies him to decide this matter.
- Paying olive pickers in tins of oil
A question on farm owners who hand their olives to pickers in return for a set number of tins of oil for the owner, in which Jordan's General Iftaa Department answered that this is invalid because of uncertainty, but valid if the yield is divided by proportion. The Department explained that harvesting (jidhadh) is a contract in which the worker picks the olives in season without tending the trees; the Shafi'i principle is that a wage must be fixed and known in advance, not a share of the yield, while the Hanbalis allow a wage as a share of the yield provided it is a proportion such as a half or a third. It said the owner's stipulating three tins of oil after pressing is invalid because of uncertainty and ignorance, since the oil may fall short of the number required. It quoted al-Buhuti's Daqa'iq Uli al-Nuha that handing over property to someone who works it for a common share of its growth is valid, as with trees in sharecropping, and that the forbidden 'miller's measure' refers to a fixed quantity of the output, which leaves the worker's benefit unknown. It concluded that agreeing on picking and pressing for proportional shares, such as a half or a third, is permitted, while agreeing on two or three tins of oil is not.
- Olive trees in a mosque's grounds
A question about olive trees in a mosque's grounds, in which Jordan's General Iftaa Department answered that the fruit of trees planted for a mosque goes to the mosque's needs, while trees planted for the public may be eaten from by anyone entering the mosque, and that a father who donates the mosque's running costs may not take a return for his donation; the Ministry of Awqaf must be consulted. The Department answered that fruit trees in a mosque, if planted for the mosque, may have their fruit used only for the mosque's interests; if planted for public use, any Muslim entering the mosque may eat from them; and if the planter's intention is unknown, they count as planted for public use where that is the custom. It relied on Tuhfat al-Muhtaj (6/295) that the fruit of a tree planted for the mosque is not free to take without payment, its value being spent by the imam on the mosque's interests, whereas a tree planted for public use may be eaten from freely, and the imam may uproot a tree if he sees fit. It said the father is a donor, so he may not take anything in return for his donation to the mosque, and that the Ministry of Awqaf supervises endowment affairs, so it must be consulted along with the religious and administrative instructions governing such matters.
- One sacrifice for a whole household
A question about whether one sacrifice suffices for a whole household even if the one sacrificing is the wife or one of the children, in which Jordan's General Iftaa Department answered that it is a communal sunna for one household: if one member performs it, the call lifts from the rest, while the reward belongs to the one sacrificing unless he includes others in it. The Department answered that the sacrifice is an emphasised sunna for someone who can afford it, meaning someone who owns enough beyond his needs for the day and night of Eid and the days of tashriq to buy a sacrificial animal. It said it is a communal sunna for the people of one household whose maintenance falls on one person: if any one of them performs it, even someone not responsible for the maintenance such as the wife or a child, the call lifts from the rest, as the funeral prayer lifts from all when some perform it, though the reward does not reach anyone but the one sacrificing unless he intends to include them. It quoted Sulayman al-Jamal in his gloss on Fath al-Wahhab on what being a communal sunna means, including his report that al-Nawawi said in his commentary on Sahih Muslim that it is permitted to include others in its reward. It concluded that the sacrifice is an emphasised sunna for the well-off and a communal sunna for one household: if any member performs it, even one who is not the provider, the call lifts from the rest, and the one sacrificing may include whomever he wishes in its reward.
- Opening an account at a conventional bank for personal use
A question about opening an account at a conventional bank for personal use, in which Jordan's General Iftaa Department answered that if he has a choice, a Muslim may not open an account at an interest-based bank, even without interest, because it aids usury, but that it is permitted in pressing need when an Islamic bank is not possible. The Department answered that if a Muslim has a choice, he may not open an account at interest-based banks even if it pays no interest, because doing so aids usury (riba), citing the verse commanding cooperation in righteousness and forbidding cooperation in sin and aggression in Surat al-Ma'ida 5:2. It explained that these banks invest money in forbidden interest-based dealings, so depositing with them aids what is forbidden. It said that if there is a pressing need to open an account at an interest-based bank and it cannot be opened at an Islamic bank, there is no objection, and it referred to its fatwa no. 471 on bank interest and prizes.
- Obeying parents who forbid going to the mosque for congregational prayer
A question from a young man whose family stop him from praying in congregation at the mosque, in which Jordan's General Iftaa Department answered that he must obey them if they forbid it for a clear benefit, but need not if they act from obstinacy or imagined fears. The Department explained that congregational prayer is established, needs at least two people, and its merit can be had at home or at work; it is a communal obligation on resident men for the obligatory prayers and is better for men in the mosque, and it listed the general excuses for missing it, such as heavy rain or severe cold, and personal ones such as illness or fear for one's life or property. It said that if the parents forbid it for a clear benefit, to protect their son from a harm they think likely, such as illness during an epidemic or kidnapping or assault in times of unrest, or for their own benefit, such as old age, illness or wanting his company, he must obey them. If they act from obstinacy or imagined fears, obedience is not required of a sane, mature son, since the obedience owed is in what clearly benefits them; it cited a reply of Ibn Hajar al-Haytami in al-Fatawa al-Fiqhiyya al-Kubra about a father who kept his mature son from seeking knowledge for fear of bad company. It closed by saying that the son should be gentle with his parents in every case.
- Passing the nearer mosque to pray in a farther one
A question about passing the nearer mosque to pray in a farther one, in which Jordan's General Iftaa Department answered that it is better to pray in the farther mosque with the larger congregation unless the nearer mosque's congregation would suffer from his absence, in which case the nearer one is better. The Department answered that if the farther mosque has a larger congregation and the nearer mosque's congregation would not suffer from his absence, it is better to pray in the farther mosque. It said that if the nearer mosque's congregation would suffer from his absence, because he is its imam or people attend when he attends, then praying in the nearer mosque is better, so that congregations are held in two places in the town. It relied on a hadith reported by Ahmad, Abu Dawud and al-Nasa'i that a man's prayer with others is purer than his prayer alone, and that the larger the congregation the more beloved it is to God.
- Paying for a sacrifice by credit card in instalments
A question about paying for a sacrifice by credit card in instalments, in which Jordan's General Iftaa Department answered that the sacrifice is a sunna for those who can afford it and is valid from someone who borrows for it; buying it with a credit card backed by funds is unobjectionable, and with an unbacked card it is permitted on three conditions: no interest increase, no late-payment fine, and no price rise by the merchant because of the card commission. The Department answered that the sacrifice is a sunna for those able to afford it and is not asked of others, though if someone burdens himself and borrows for it, his sacrifice is valid. It quoted al-Nawawi in al-Majmu (8/383) that the sacrifice is an emphasised sunna and a visible rite that those able should keep up, and becomes obligatory only by a vow. It said that buying the sacrifice with a card backed by sufficient funds is unobjectionable; with an unbacked card the amount paid is effectively a loan, and the purchase is then permitted on three conditions: the issuer does not stipulate any interest increase on the amount, does not stipulate a fine for late repayment, and the merchant does not raise the price because of the commission the card company takes from him. It concluded that buying sacrifices in instalments through credit cards is generally valid if these conditions are met, while judging a particular card requires examining its terms in detail.
- The cash amount of expiation for a broken oath
A question about the cash amount of expiation for a broken oath, in which Jordan's General Iftaa Department answered that it is feeding ten poor people with 600 grams of rice each, and that its value may be paid in cash, set at one dinar. The Department answered that the expiation for an oath is feeding ten poor people, set at 600 grams of rice for each. It said its value may be paid in cash, set at one dinar.
- Paying oath expiation through a charity
A question about paying oath expiation through a charity, in which Jordan's General Iftaa Department answered that there is no objection to appointing a charity that feeds the poor to pay the expiation, since agency in distributing zakat, expiation and vows is permitted. The Department answered that there is no objection to a Muslim appointing someone to pay the expiation on his behalf, and that jurists stated that agency is permitted in distributing zakat, expiation and vows. It quoted Mughni al-Muhtaj (3/237) that a person may pay the zakat on his wealth himself and may also appoint an agent to do so.
- Paying olive zakat from old oil
A question about paying olive zakat from old oil instead of oil from the new harvest, in which Jordan's General Iftaa Department answered that paying from the harvest itself is best, that old oil counts if it matches the new in quality, and reported the differing Shafi'i and Hanafi views on the matter. The Department answered that zakat on olives is due according to one Shafi'i view and the Hanafi school: a tenth of what is rain-fed and a twentieth of what is irrigated at cost, with a minimum (nisab) of five awsuq, about 611 kilograms. It said the payer should in principle give from the harvest itself, because zakat attaches to the property as a form of partnership, citing al-Khatib al-Shirbini's Mughni al-Muhtaj. It reported the Shafi'i view that zakat may be paid from outside the property itself, as a concession to the payer, provided the quality matches, quality being judged by specialists through the oil's acidity, and quoted al-Imrani's al-Bayan that age alone is not a defect for them. It reported the Hanafi view that value may be paid instead, and quoted Ibn Maza's al-Muhit al-Burhani that Abu Hanifa and Abu Yusuf disregard quality when the payer gives the same kind in an equal amount, while Muhammad ibn al-Hasan requires the difference in value to be paid. It concluded that paying from the harvest itself is best and most certain to discharge the duty, since paying from an earlier harvest may carry a hint of cheating the poor by giving them oil of lower value, and that old oil counts if it matches the new in quality.
- Paying zakat al-fitr in cash
A question about paying zakat al-fitr in cash, in which Jordan's General Iftaa Department answered that the basic rule is to pay it from the land's staple food, and reported that Hanafi jurists permit paying its value in cash. The Department answered that the basic rule is to pay zakat al-fitr from the land's staple food, which in Jordan is wheat or rice, set the amount at 2,500 grams per person, said it is easy to give this amount of rice to the poor and needy, and said this is correct in all the schools. It reported that Hanafi jurists permit paying the value in cash, because it is more useful to the poor and easier for the giver.
- Applying perfume before entering the state of ihram
A question about applying perfume before entering the state of ihram, in which Jordan's General Iftaa Department answered that applying some perfume before ihram does no harm even if its trace lasts afterwards, and that perfuming is in fact a Sunna for the pilgrim before ihram; it quoted Nawawi al-Jawi in Nihayat al-Zayn (1/212) that perfuming the body just before ihram is among its Sunna practices for men and women alike, after the ritual bath, with any perfume, musk being best, and that continuing to carry the perfume on the body after ihram is unobjectionable, except that a woman who becomes bound to mourning after ihram must remove it; perfuming the garment, however, is merely permitted and not recommended on the authoritative view, and one who takes off a perfumed garment while its scent remains and then puts it on again owes a ransom (fidya).
- Cloning plants
A question about cloning plant cells and multiplying them to make juices and food additives, in which Jordan's General Iftaa Department answered that using cloning techniques in plants is unobjectionable, provided they are shown not to harm the consumer or disrupt the plant ecosystem. The Department answered that scholars define plant cloning as a biological process forming a group of cells that yields a plant with improved output which reproduces without any change to its genetic content, and that the earth and what is on it were made subservient for human benefit, with humans commanded to set it right and avoid corrupting it. It said the scope the Sharia allows for non-human cloning is set by two words: securing benefits and warding off harms, with the judgment of these referred to experts and specialists; if the process improves the plant and its output without harm to the consumer or disruption of the plant ecosystem, there is no objection, but if it leads to harm to people or disrupts the plant ecosystem, it is not permitted. It cited the resolution of the International Islamic Fiqh Academy at its tenth session in Jeddah in 1997 that cloning and genetic engineering techniques may be used for microbes and other micro-organisms, plants and animals within the limits of the Sharia's controls. It concluded that using cloning techniques in plants is unobjectionable, provided they are shown not to harm the consumer or disrupt the plant ecosystem.
- Eating poultry raised on feed with animal protein
A question about poultry fed protein powders made from slaughterhouse waste that may carry traces of pork, in which Jordan's General Iftaa Department answered that such birds do not count as jallala (animals that feed on filth) if most of their feed is pure and their meat is unchanged, so they may be eaten once properly slaughtered. The Department answered that feeding filth to an animal that is eaten is disliked in principle, citing Ibn Hajar al-Haytami's Tuhfat al-Muhtaj. It said an animal that feeds on filth takes the ruling of the jallala: for the Shafi'is its meat is disliked if its smell or taste has changed and not disliked if no change appears, citing Zakariyya al-Ansari's Asna al-Matalib and al-Khatib al-Shirbini's Mughni al-Muhtaj. It noted that some scholars apply the term jallala only when most of an animal's feed is impure, and that these powders make up a small share of the feed described, the rest being pure. It concluded that the birds do not take the ruling of the jallala if most of their food is pure, no spoilage appears in their meat or eggs and specialists find no harm in eating them, so there is no objection to eating them after proper slaughter; if all their feed is impure or their meat spoils, eating them is disliked, and it is better to give them good feed for a while before slaughter.
- Praying seated because of severe obesity
A question about praying seated because of severe obesity, in which Jordan's General Iftaa Department answered that someone who suffers severe, unbearable hardship or fears harm because of obesity, or loses humility (khushu') by standing, may pray on a chair or on the floor, while performing whatever pillars he is able to. The Department answered that standing, when one is able, is a pillar of prayer; someone who suffers severe, unbearable hardship, fears harm to himself or a limb because of obesity, or loses his humility in prayer by standing, may pray on a chair or on the floor, gesturing for bowing and prostration with the prostration lower than the bowing. It said that whoever is able at any point to perform one of these pillars must perform it fully, since leaving it is a concession limited to inability, citing a hadith narrated by al-Bukhari whose meaning is that one should do as much of a command as one can, and the jurists' maxim that what is possible is not dropped because of what is impossible; it noted that al-Juwayni chose as the criterion of inability a hardship that takes away the worshipper's humility. It added that voluntary prayer may be performed seated even by someone able to stand, but bowing and prostration must be performed by whoever is able to.
- Praying tarawih at home
A question about praying tarawih at home, in which Jordan's General Iftaa Department answered that the sunna is to pray it in congregation in the mosque, and that there is no objection to sometimes praying it in congregation with one's family at home for a reason. The Department answered that the sunna is for a Muslim to pray tarawih in congregation in the mosque. It said that if he sometimes prays it in congregation with his family at home for some reason, there is no objection.
- Marketing contests with prize coupons inside products
A question on a food company putting prize coupons inside some of its products, in which Jordan's General Iftaa Department answered that such prizes are gifts and are permitted under three conditions. The Department answered that prizes companies give buyers to encourage purchases are classed as gifts and are permitted under conditions. First, the buyer must want the product itself, not merely entry into the contest; second, the product's price must not be raised above the market price, since the increase would then be payment to enter the draw and so gambling, quoting decision no. 47 of Jordan's Iftaa Council to that effect. Third, the prizes must involve no cheating or deception of consumers, such as pushing spoiled goods or raising prices in return; it quoted resolution 127 (1/14) of the International Islamic Fiqh Academy that sponsors may benefit from promoting their goods through lawful contests, provided the prizes are not funded by the contestants and the promotion involves no deceit.
- Raising a flat's price to the bank to cover transfer fees
A question from a flat seller whose buyer, a bank client, asked him to raise the price so that he could cover the transfer fees and maintenance, in which Jordan's General Iftaa Department answered that this is a stratagem to get round usury, while raising the price for genuine additions to the property made before the contract with the bank is permitted. The Department answered that an agreement between the client and the seller to raise the price charged to the financing party, so that the client takes the excess from the seller, is a stratagem to get round usury, because the client will repay that cash with its profit, and murabaha on cash is usury. It cited a hadith reported by Ibn Batta in Ibtal al-Hiyal forbidding the use of the slightest stratagems to make forbidden things lawful, noting that Ibn Kathir judged its chain good. It said that if the client and the seller agree on additions to the property, and the seller makes them before the sale to the bank and raises the price in return, this is permitted. It said transfer fees are not part of the price of the property but lie outside it, so stipulating a higher price to pay them amounts to obtaining cash from the bank and appointing the seller to pay the fees, which is a stratagem to get round usury. It concluded that stipulating a higher price in a murabaha for a purchase orderer so that the seller can pay the transfer fees is forbidden, while agreeing on genuine additions and a higher price in return is permitted, provided the additions are made before the seller signs the sale contract with the bank.
- Reading from a printed Qur'an in tarawih
A question about reading from a printed Qur'an in tarawih, in which Jordan's General Iftaa Department answered that it is permitted provided the person praying makes no excessive movements that invalidate the prayer, and that it is better for the imam to recite from memory. The Department answered that reading from a printed copy of the Qur'an in tarawih is permitted, provided the person praying makes no excessive movements that would invalidate the prayer. It said it is better for the imam to have memorised the Qur'an and to recite from memory.
- Using reclaimed wastewater in mosques
A question about using water reclaimed from household wastewater in mosques for cleaning and ablution, in which Jordan's General Iftaa Department answered that chemical treatment and physical separation are not enough to deem it pure, so ablution with it is not valid and mosques should not be cleaned with it. The Department answered that sewage water is impure, however large its quantity, because its qualities have changed, so purification with it is not valid; impure water becomes pure by adding a large quantity of water until the whole returns to its original state, free of the impurity's colour, taste and smell, as it quoted from al-Nawawi's Minhaj al-Talibin. It said purification by chemical treatment and physical separation is not enough to deem the water pure, since it has not truly shed the impurity, noting that Jordanian standard no. 893/2021 for reclaimed household wastewater does not allow its use for every purpose. It concluded that the water may not be used for ablution or for cleaning the body or clothes, and that cleaning mosques with it should be avoided out of respect for them, since they are places of prayer where purity is required.
- Reclaiming a debt forgiven to a deceased uncle
A question about reclaiming a debt forgiven to a deceased uncle, in which Jordan's General Iftaa Department answered that once a creditor releases his debtor from a debt by any wording that conveys it, and the conditions of release are met, he may not later go back and claim the debt, since what has been dropped does not return. The Department answered that if a creditor releases his debtor from a debt by any wording that conveys this, whether forgiving it or releasing it, he has no right to go back and claim the debt he has dropped. It said that a valid release requires the person releasing to know the amount of the debt in detail, to be legally responsible and competent to make gifts, and not to be joking or acting under coercion; if these conditions are met, the release is valid. It relied on the legal maxim that what has been dropped does not return, quoting Durar al-Hukkam fi Sharh Majallat al-Ahkam (1/54) that whoever drops a right he is entitled to drop loses it for good, so if someone forgives a debt and later regrets it, he may not claim it from the debtor, whose liability has been discharged. It concluded that if the matter is as described in the question, the creditor has no right to go back on the debts he forgave his uncle.
- Collecting and recycling plastic caps to support disabled children
A question about a group that collects and recycles plastic caps to protect the environment and gives the proceeds to support children disabled by polio, in which Jordan's General Iftaa Department answered that the initiative is one of the doors of good that fall under recommended charity, for which a Muslim is rewarded. The Department answered that protecting the environment is a matter the Sharia attends to, citing texts that forbid corruption on earth, the hadith of Anas reported by Ahmad about planting a sapling even if the Hour is at hand, and the agreed-upon hadith that whoever plants something from which a bird, a person or an animal eats has a charity by it. It said the doors of good and charity are many and include every good deed the Sharia approves and encourages, citing a hadith reported by al-Bukhari that every good deed is charity. It concluded that collecting plastic containers for recycling and giving the proceeds to support disabled children is one of the doors of good within recommended charity, because it preserves the environment and helps those in need, and counted it among the good practices Islam calls for, citing a hadith reported by Muslim on the reward of one who starts a good practice.
- Renting farmland for money
A question about renting farmland for money, in which Jordan's General Iftaa Department answered that bare land without trees may be rented for a known sum of money, while land with fruit trees may not be rented, though a sharecropping contract for orchards (musaqat) may be made on its conditions. The Department answered that bare land without trees may be rented for a known sum of money, citing a hadith narrated by Muslim in which Hanzala ibn Qays asked Rafi ibn Khadij about renting land; Rafi mentioned that it had been prohibited, then said there was no harm in renting it for gold and silver. It quoted al-Nawawi's commentary on Sahih Muslim (10/198) that al-Shafi'i, Abu Hanifa and many others permitted renting land for gold and silver. It said that land with fruit trees whose fruit has not ripened may not be rented, since that amounts to selling fruit before it is clearly ripe, which is prohibited, but the worker and the landowner may agree a sharecropping contract for the trees (musaqat) on its Shari'a conditions. It noted that the Jordanian Iftaa Council distinguished in its resolution 80 between bare land, which may be rented for gold, silver or money, and land with trees, which may not be rented for money for a year, more or less, whether before or after the fruit ripens, nor for a fixed, unshared portion of its produce.
- Renting out gold jewellery
A question about renting out gold jewellery, in which Jordan's General Iftaa Department answered that gold and silver jewellery may be rented out for a known sum and period, and that this is not riba because the contract concerns the use, not the substance. The Department answered that gold or silver jewellery may be rented for a known amount over a known period, and that this is not riba because the contract concerns the benefit, not the item itself. It quoted al-Imrani in al-Bayan (7/327) that gold jewellery may be hired for gold or silver and silver jewellery for silver or gold, noting that al-Saymari reported some Shafi'is hesitated over this and that the hesitation is not correct, since the object of the contract is the use of the gold, not the gold itself. It quoted al-Damiri in al-Najm al-Wahhaj (5/330) reporting al-Shafi'i's view that jewellery, gems and other things women wear may be hired, and that gold jewellery hired for gold or silver is valid without requiring possession in the session, since there is no riba between gold and the use of gold.
- Requiring the working partner to guarantee capital in a mudaraba
A question about a capital owner requiring the working partner to guarantee the capital against loss, in which Jordan's General Iftaa Department answered that this is not permitted in a mudaraba: the owner loses his money and the worker his effort, and the worker is liable only if he transgresses or is negligent. The Department answered that a mudaraba is a contract in which the capital owner hands money to a person or company to trade with, the profit being shared between them in an agreed proportion of the whole. It listed conditions for its validity: the capital may not be guaranteed by the working partner but is exposed to profit and loss; it must be present and handed over, not a debt; profits must be shares of the profit actually made, not a fixed sum or a percentage of the capital; profit must be genuinely realised; and the investment must be in permitted business, not forex, network or pyramid marketing, or a Ponzi scheme. It said that in a loss the owner loses his money and the worker loses his effort and time, and the worker bears no capital loss unless he transgresses or is negligent, which experts assess; it cited al-Nawawi in Rawdat al-Talibin that the worker's dealings are bound by the owner's interest, like an agent's. It cited article 628 of the Jordanian Civil Code, under which the capital owner alone bears the loss and any contrary condition is disregarded, and concluded that if the worker's transgression or negligence is established by a sound procedure, he must make good the loss to that extent.
- Selling a book that has no exclusive agent
A question on importing a medical book already sold through an agent, in which Jordan's General Iftaa Department answered that selling it is permissible if there is no exclusive agency, but working to break an existing exclusive agency is forbidden. The Department answered that sale rests on mutual consent, and the question has two cases. In the first, the supplier and the first importer have no exclusive-agency agreement, so there is no objection to contracting with the same supplier to import and sell its goods, even at a different price from the first importer. In the second, the first importer holds an exclusive agency and the second persuades the supplier to cancel that contract and sign with him; this is forbidden because it sows enmity among Muslims, and it cited the hadith forbidding people to sell over one another's sales. It concluded that since there is no exclusive-agency agreement, as in the question, the second importer may bring in the book and sell it at the price he sees fit.
- Selling sealed boxes of returned goods
A question about a company that gathers products returned by customers into large sealed boxes and sells them to intermediaries, in which Jordan's General Iftaa Department answered that sealed boxes may be sold if they hold products known to the buyer, custom has established the practice and there is no uncertainty leading to dispute, but not if the kind of their contents is unknown, and set out the difference between the majority and the Hanafis over selling what is unseen. The Department answered that the basic rule is to uphold the sales people customarily practise, provided they avoid uncertainty (gharar) and ignorance that lead to dispute, and that dealings built on ignorance and uncertainty are forbidden because they consume people's wealth wrongfully. It said that selling sealed boxes has two cases: first, when nothing is known of the goods inside, neither their kind nor their number, which is forbidden because it involves ignorance and uncertainty; second, when the boxes hold products known to the buyer which he has not seen, and people customarily trade them, which the majority of jurists hold is in principle not permitted, while the Hanafis permit it. For the Hanafi view it cited Muhammad ibn al-Hasan al-Shaybani in al-Hujja ala Ahl al-Madina, who allowed a bale of cloth that would be damaged by opening to be sold without knowing how many pieces it holds, and said that sale by estimate, needing no measure, weight or count, is among the most clearly valid sales. It concluded that sealed boxes may be sold when they hold products known to the buyer, custom has established the practice, and the uncertainty and ignorance that lead to dispute are absent, and that sealed boxes whose products are of unknown kind may not be sold.
- Someone who keeps a fixed spot in the mosque and is angered when others pray there
A question about someone who keeps a fixed spot in the mosque and is angered when others pray there, in which Jordan's General Iftaa Department answered that keeping a fixed spot in the mosque is disliked, and that whoever reaches a place first has the better right to it. The Department answered that the Prophet forbade a man to take a fixed spot in the mosque for himself, keeping to it as a camel keeps to its resting place, and that scholars counted this among disliked acts. It said the man should be advised that whoever reaches a place in the mosque first has the better right to it.
- Returning a gold ring that does not fit
A question about returning a gold ring that does not fit, in which Jordan's General Iftaa Department answered that rescinding a gold sale (iqala) is permitted and recommended for the seller; it is a rescission, not a new contract, so the buyer gets back the price he paid rather than today's price, provided this was not stipulated in the contract. The Department answered that the seller is encouraged to release the buyer from the sale if he regrets it and asks, citing a hadith narrated by Abu Dawud whose meaning is that whoever releases a Muslim from a sale, God will release him from his stumbling. It said that rescission is a cancellation of the contract, not a new contract, according to the relied-upon Shafi'i view, so the seller takes back the goods and the buyer takes back the price, and that it applies to gold sales, quoting Zakariyya al-Ansari in Asna al-Matalib (2/74) that, because it is a cancellation, the parties may part before mutual possession in a currency exchange. It concluded that the seller takes back the gold at the price at which he sold it, not at today's price, provided this was not stipulated at the time of the contract, since no option may be attached to a currency exchange; if the seller does not agree to rescind, the buyer may sell the ring to him at whatever price they agree.
- Taking a reward or discount code for reviewing products on shopping sites
A question on the cash rewards and discount codes shopping sites offer for product reviews, which Jordan's General Iftaa Department permitted provided the review is honest. The Department answered that a sum the site grants for reviewing the purchase experience is unobjectionable if the review is genuine and truthful, since it is a reward from the site. It said a discount code offered by the site itself is part of its promotions to attract customers without anything in return, making it a gratuitous transaction in which uncertainty is excused. Reviewing products without using them or checking their quality, in the hope of a reward, it described as misleading and deceiving buyers, a false review akin to lying and fraud and contrary to sincere counsel; it required that any manipulation or deception be avoided and that the review be honest and truthful.
- Rules for using and working in a Turkish bath
A question from the owner of a Turkish bath about his business, in which Jordan's General Iftaa Department answered that working there is permissible provided the sharia rules on covering and lowering the gaze are kept. The Department began by noting that Islam gives weight to cleanliness and purity, and that the bath meant in the hadith reports is the public bath used for washing and treatment, which today resembles the steam baths of weight-loss clinics. It said men may enter with their nakedness covered and their gaze lowered, while it is disliked for women to enter without an excuse such as treatment or a cleanliness that cannot be had otherwise, citing a hadith that censures a woman undressing outside her home and a passage from the Shafi'i work Mughni al-Muhtaj. Where a woman needs to enter, she should make sure that only women run the place, keep the limits of covering in front of other women, avoid clothing that exposes most of her body or touching private parts without necessity, and lower her gaze. It concluded that there is no objection to women working in such places provided these rules are kept, lowering the gaze and touching other women only as far as needed.
- Offering a sacrifice on behalf of the deceased
A question about offering a sacrifice on behalf of the deceased, in which Jordan's General Iftaa Department answered that a sacrifice on behalf of the deceased is permitted, the Hanbali position and the view of al-Abbadi among the Shafi'is, because the sacrifice is a financial charity whose reward reaches the dead. The Department answered that a sacrifice on behalf of the deceased is permitted, that this is the Hanbali position as in Kashshaf al-Qina by al-Buhuti (6/428), that al-Abbadi among the Shafi'is held it as reported by Ibn Qadi Shuhba in Bidayat al-Muhtaj (4/358), and that it is also reported from some Malikis and Hanafis. It noted that Abu Dawud gave a chapter of his Sunan to sacrifice on behalf of the dead, narrating from Hanash that he saw Ali ibn Abi Talib sacrifice two rams and that Ali told him the Prophet had instructed him to sacrifice on his behalf, and narrating from Jabir ibn Abdullah that the Prophet sacrificed on behalf of his community, which includes those who have died. It said the texts show that the reward of fasting and hajj reaches the dead, so the sacrifice, a purely financial act of worship that counts as charity, reaches them all the more, and that scholars agree the reward of charity reaches the dead; for these reasons the Department holds it permitted.
- Offering the sacrifice or giving its price in charity
A question about offering the sacrifice or giving its price in charity, in which Jordan's General Iftaa Department answered that offering the sacrifice is better than giving its price in charity, because it is a visible rite of the religion. The Department answered that offering the sacrifice is better than giving its price to the poor and needy, because it is one of the visible rites of the religion, citing Surat al-Hajj 22:32. It noted that clear authentic hadith speak of its merit, and that the Prophet and the caliphs after him offered sacrifices.
- Selling a car to a buyer who borrowed its price from an interest-based bank
A question from a car dealer about selling a car to someone who borrowed its price from an interest-based bank, in which Jordan's General Iftaa Department answered that there is no objection if the loan was taken before the sale, but it is forbidden if the loan is granted only on papers the seller provides to complete the sale. The Department answered that a seller is not required to ask the buyer where his money comes from, because the sin of the forbidden attaches to the one who commits it, not to the money itself, unless the money itself is stolen. It said there is no objection to selling goods to someone who has already obtained an interest-based loan, because the loan was concluded with no link to the sale contract and did not depend on it, so the sale gives no help to usury. It said it is forbidden to sell to someone who wants to buy with an interest-based loan that is granted only once the seller supplies the papers needed to complete the sale, because that helps him do what is forbidden. It concluded that if the buyer has already obtained the loan and brings the money, there is no objection to selling to him and the sin of usury rests on whoever dealt with the bank; if he has not yet obtained it and asks for papers to help him get it, helping him is forbidden.
- Selling a dead author's manuscript to someone who wants to publish it under his own name
A question about selling a dead author's manuscript to someone who wants to publish it under his own name, in which Jordan's General Iftaa Department answered that the buyer may not attribute the book to himself, that the heirs may not sell it to him if they know this, and that they may sell the works and benefit from the proceeds provided they are printed under the author's name. The Department answered that the buyer of a deceased person's writings may not attribute them to himself, because it is deception and forgery, and it counted this as academic theft, relying on a hadith reported by al-Bukhari that one who boasts of what he was not given is like one wearing two garments of falsehood. It said that the heirs may not sell the works to him if they know he intends to claim them, and it quoted the resolution of the International Islamic Fiqh Academy at its fifth conference in Kuwait in 1409 AH/1988 that rights of authorship and invention are protected in the Sharia and their holders may dispose of them. It explained that the deceased's property, including authorship and intellectual property rights, passes at his death to his heirs according to their shares, and that selling permissible, beneficial books and manuscripts is allowed, citing al-Nawawi in al-Majmu (9/253) that books of hadith, fiqh, language, literature, medicine, arithmetic and other permissible useful subjects may be sold. It quoted resolution 48 of Jordan's Iftaa Council that an author's right passes to his heirs after his death, and concluded that the heirs may sell the works and benefit from their proceeds provided they are printed under the name of their deceased author, and may not sell them to someone who wants to claim them as his own.
- Selling animal semen and hiring a stud
A question on selling animal semen and how it differs from the prohibition on stud fees, in which Jordan's General Iftaa Department answered that selling semen extracted from a pure animal is permitted, and that the prohibition concerns hiring a stud to produce a pregnancy, because of the uncertainty involved. The Department answered that there is no objection to selling animal semen or charging for inseminating with it if it comes from a pure animal other than a dog or a pig, since if selling the whole is allowed, selling a part is too. It said the reason for the prohibition on stud fees is that hiring a stud to produce a pregnancy is uncertain, since pregnancy is not guaranteed and the benefit is neither known nor deliverable, as Ibn Hajar al-Asqalani stated in Fath al-Bari; none of these problems arise in selling extracted semen itself. It quoted Ibn Hajar al-Haytami's al-Zawajir and al-Shabramallisi's gloss on Nihayat al-Muhtaj that someone who hires a stud for a set time to use as he wishes may use it for covering as a by-product rather than as the purpose. It concluded that hiring a stud for a set sum and a set time for general use is a valid hire, and the hirer may use it for covering as a by-product.
- Selling lions and tigers to zoos
A question about selling predators such as lions and tigers to zoos for display and recreation, in which Jordan's General Iftaa Department answered that it is unobjectionable within the laws in force, because these animals' benefit has become general after being limited to a few. The Department answered that animals fall into two groups for the ruling on selling them, according to whether they can be of benefit: the first is animals with a general, recognised benefit, which may be sold and kept even if the benefit is non-material, such as enjoying a peacock's colours or a nightingale's song; it quoted al-Khatib al-Shirbini in Mughni al-Muhtaj that benefit is a condition of a thing sold, with his examples of the cheetah for hunting, bees for honey and the nightingale for its song. The second group is animals of no benefit, or of benefit only to a few, which may not be sold, such as the lion, the tiger, the snake and the scorpion; it quoted Zakariyya al-Ansari in Asna al-Matalib that selling what has no benefit, such as a lion or a wolf, is void, and that kings keeping some of them for prestige and statecraft is not taken into account. It said that when custom changes for some animals and a general benefit becomes possible where there was none, selling them becomes permitted on the basis of Shafi'i positions, as with snakes and scorpions whose venom is now used to make medicines and cosmetics, and lions and tigers sold to zoos to be shown to the public. It concluded that selling lions and tigers to public zoos, within the laws in force, so that people may enjoy seeing them, is unobjectionable, because their benefit is no longer limited to a few but has become general.
- Selling mystery boxes
A question about selling mystery boxes, in which Jordan's General Iftaa Department answered that if the box itself is the item sold and its contents are a prize, the sale is valid, but if its unseen contents are what is being sold, the sale is void for excessive uncertainty (gharar), so the mystery boxes described may be neither sold nor bought. The Department answered that a sale has pillars and conditions, among them that the item sold be known well enough to remove uncertainty; if it is unknown because it has not been seen, the sale is invalid. It quoted Ibn al-Naqib in Umdat al-Salik (p. 150) that one may not sell an unspecified item or an item absent from view, and Nihayat al-Zayn (p. 226) that a sale is invalid if one party has not seen the item, even if it is present at the place of contract. It said the case has two forms: if the box is the intended item of sale and the things inside are given to the buyer as a prize, the sale is valid because the item and price are known; but if the things inside the boxes are the intended item of sale, they are unseen and unknown, which is forbidden gharar. It cited a hadith narrated by Muslim from Abu Hurayra prohibiting the pebble sale and sales involving gharar, and quoted Zakariyya al-Ansari in Asna al-Matalib (2/11) that gharar is what wavers between two opposite outcomes, the more likely being the more feared, or what has a hidden outcome; here the contents of the boxes and their value are unknown, and may be worth more or less than the price. It concluded that these mystery boxes may be neither sold nor bought, since the conditions of a valid sale are not met and forbidden gharar is present.
- Selling olive harvests for five years ahead
A question about selling (leasing out) an olive harvest for the next five years at a price fixed in advance, in which Jordan's General Iftaa Department answered that jurists agree that selling fruit for two years or more is not permitted, because the fruit does not exist at the time of the contract. The Department answered that jurists agree that fruit may not be sold for two years or more, because the fruit does not exist at the time of the contract, and the sale of something non-existent is void by text and consensus. It relied on the hadith of Jabir ibn Abd Allah, reported by Muslim, forbidding mu'awama, the sale of fruit for years ahead. It quoted al-Nawawi in al-Majmu Sharh al-Muhadhdhab that the sale of something non-existent is void by consensus, and that Ibn al-Mundhir and others reported the Muslims' consensus that selling fruit for two years or the like is void. It concluded that fruit may not be sold for two years or more.
- Selling spoiled or expired goods
A question about selling spoiled or expired goods, in which Jordan's General Iftaa Department answered that selling spoiled or expired goods, or tampering with their dates, is forbidden; a seller whose goods cause someone's death is a transgressor owing blood money (diya) and expiation, and the authorities may impose deterrent discretionary penalties. The Department answered that Islam urges what is wholesome and forbids replacing it with the unlawful in spending and trade, citing Surat al-Baqara 2:267, Tafsir Ibn Kathir (1/697) on not turning from the lawful to the unlawful, and a hadith narrated by Ahmad and Ibn Majah that there is to be no harm and no reciprocal harm; this includes banning the sale of spoiled or expired food and tampering with production or expiry dates. It said that a trader who knows goods have expired is forbidden to sell them since they usually cause harm, that taking their price is consuming people's wealth wrongfully, citing Surat al-Nisa' 4:29, and that it is forbidden cheating, citing a hadith narrated by Muslim whose meaning is that whoever cheats does not belong to the Prophet's community. It said that if such goods cause a death and this is medically established, the one who caused it is a transgressor and transgression entails liability, like someone who places stones on a public road; deceiving buyers by selling spoiled goods as sound is a kind of coercion, quoting al-Juwayni in Nihayat al-Matlab (16/127) that selling poisoned food to someone likely to eat it resembles coercion because it leads to death. It concluded that a seller who knew the danger owes blood money and expiation as the cause if the food kills an eater who did not know, and likewise if he did not know it was spoiled, since the printed expiry date counts as notice to him; the authorities may impose deterrent discretionary penalties on those who sell such goods.
- Selling surplus water coolers in a mosque
A question about selling a mosque's unused surplus water coolers and buying something else with the price, in which Jordan's General Iftaa Department distinguished items endowed in themselves, which are sold only if they break down, from items donated to the mosque or bought by its administrator without being endowed, which may be sold when needed. The Department answered that an endowment in principle may not be sold, given away or inherited, citing the agreed-upon report of Umar ibn al-Khattab endowing his land at Khaybar. It said that endowment furnishings such as carpets and water coolers fall into two kinds: items endowed in themselves may not be sold unless they break down and can no longer be used, in which case they are sold and replaced with the like, or moved to another mosque that needs them; items donated to the mosque without endowment, or bought by the endowment's administrator without endowing them, may be sold when needed. It quoted al-Nawawi in Rawdat al-Talibin giving two views on selling worn-out mosque mats, the sounder being that they are sold so they are not wasted, and his statement that what the administrator bought for the mosque or a donor gave it may be sold when needed without disagreement, since it is owned property; it also quoted al-Bakri al-Dimyati on moving mosque mats. It concluded with this distinction for the coolers, depending on whether they are endowed or owned by the mosque.
- Service fees on a charity's interest-free loans
A question from a charity that runs revolving interest-free loans and deducts 2% from each borrower as a service charge, in which Jordan's General Iftaa Department answered that a borrower may be charged the loan's actual direct cost without any increase, and that anything else is riba. The Department answered that a borrower may be charged the costs of the loan, such as office work and the wages of staff assigned to following up repayment, provided the amount equals the actual direct cost with no profit at all, following the Hanafi jurists, who placed the fee for writing up a debt on the borrower. It set conditions: the fees must be purely administrative with no profit, calculated exactly rather than estimated, include only the wages of staff working on these loans alone, exclude premises and furniture also used for other business, and have their method of calculation set out under the supervision of a sharia committee. It concluded that if the lender keeps to these conditions there is no objection, and otherwise the fees are forbidden riba.
- Shaving body hair and cutting nails while in a state of major ritual impurity
A question about the ruling on shaving body hair and cutting nails while in a state of major ritual impurity (janaba), in which Jordan's General Iftaa Department answered that it is recommended for a person in that state not to remove anything from his body until after the ritual bath, quoting Bushra al-Karim bi-Sharh Masa'il al-Ta'lim (p. 135) that the reason given is that the parts return to him in the hereafter and so return in a state of impurity as a rebuke to him, and that it is said every hair will demand its purification, and quoting al-Shibramallisi's gloss on Nihayat al-Muhtaj (2/341) that one who wishes to combine shaving and bathing on Friday while in a state of impurity should delay the shaving until after the bath, so that the bath removes the trace of impurity from the hair.
- Shortening and combining prayers when travelling daily
A question about shortening and combining prayers when travelling daily, in which Jordan's General Iftaa Department answered that shortening and combining are permitted on permissible travel of 81 km or more once the built-up area is left, even if the journey is repeated daily. The Department answered that a traveller may shorten and combine prayers for a distance of 81 km or more, provided the journey is permissible and he begins only after setting out and leaving the built-up area of his town or the administrative boundary of his area. It said that if the distance between workplace and residence reaches the distance for the concession, shortening and combining are permitted on leaving the built-up area, even if the journey is repeated daily. It quoted al-Khatib al-Shirbini in Mughni al-Muhtaj (1/529) that advancing and delaying combinations are permitted on long permissible journeys, that delayed combining is established in the two Sahihs from the hadith of Anas ibn Malik and Abdullah ibn Umar, and that advanced combining was graded authentic by Ibn Hibban and al-Bayhaqi from the hadith of Mu'adh ibn Jabal and graded hasan by al-Tirmidhi.
- A sick pilgrim who could not perform the circumambulation of ifada
A question from a sick pilgrim who stood at Arafat, stayed at Mina, stoned and shaved, then went home without the circumambulation of ifada or the running, in which Jordan's General Iftaa Department answered that he remains partly in the state of ihram and is not 'prevented' (muhsar), and must complete the rites himself, appointing a proxy only if he becomes permanently unable. The Department answered that the circumambulation of ifada is a pillar without which the pilgrim does not leave hajj, and its time never runs out, quoting al-Nawawi and al-Khatib al-Shirbini's Mughni al-Muhtaj that whoever still owes it remains in ihram. It said the questioner has made the first release, which lifts every restriction of ihram except those relating to women; if able, he must return to Makkah, owing nothing for passing the miqat since he is still in ihram, perform the circumambulation and the running if his hajj was tamattu', and so make the second release. If he is unable and has become permanently incapable (ma'dub), he may appoint someone to perform the circumambulation and running for him, quoting al-Shihab al-Ramli's fatwas that this is allowed and indeed required, since if a proxy suffices for the whole rite, it suffices all the more for part of it. On the farewell circumambulation, it noted that scholars differ on whether it is obligatory or recommended and took the recommended view for ease, so no sacrifice is due; and it said he is not prevented, because illness is not a cause of prevention and he had already stood at Arafat and continued his hajj.
- Using snuff, steam inhalation or vapour rub in the day in Ramadan
A question about using snuff, steam inhalation or inhaling vapour rub in the day in Ramadan, in which Jordan's General Iftaa Department answered that they break the fast because they are substances inhaled into the lungs, while a mere scent of which no substance reaches the interior does not. The Department answered that using snuff, steam inhalation or vapour rub during the day in Ramadan invalidates the fast, because these preparations are substances that enter the lungs by inhalation, and the lungs are part of the body's interior. It said that whoever uses them must keep refraining from food and drink for the rest of the day out of respect for the month, and make the day up after Ramadan. It added that if it is only a scent, with none of the substance itself reaching the interior, it does not break the fast.
- Someone who dies owing fasts
A question about someone who dies owing fasts, in which Jordan's General Iftaa Department answered that someone who died before being able to make up the days owes nothing, while for someone who died after being able, one mudd of food per day is paid from his estate, and his heir may fast on his behalf. The Department answered that someone who died before being able to make up the fasts, such as a person whose excuse continued until death, owes no make-up, no fidya, and bears no sin. It said that if he died after being able to make them up, what he missed must be remedied by paying one mudd of food from his estate for each day, relying on a hadith reported by al-Tirmidhi about feeding on behalf of the dead. It added that his heir may fast on his behalf, relying on a hadith reported by al-Bukhari and Muslim, with another version adding 'if he wishes', and concluded that both feeding and fasting on his behalf are permitted.
- Rules for spending donations collected to build a mosque
A question from a community in a European country collecting donations to build a mosque after their rented mosque was ordered demolished, in which Jordan's General Iftaa Department answered that the money takes the ruling of an endowment and may be spent only as the donors intended. The Department answered that money collected to build an endowment such as a mosque takes the ruling of an endowment: it has left its donors' ownership, no one is free to dispose of it, and it remains so until the building is complete. It noted that zakat money may not be collected for building mosques, because the recipients of zakat are limited to eight categories; mosques are built from voluntary charity and donations. It said that nothing collected for the mosque may be spent on travel, food and the like unless the donor permits a set amount after learning the facts, in which case spending must be reasonable and serve the purpose. For investing the donations, it required that donors be told of this when the money is collected, since a donor may not accept a delay in his money reaching its purpose or its exposure to loss, and his condition counts; it cited Zakariyya al-Ansari's Fath al-Wahhab and the gloss I'anat al-Talibin on following the endower's stipulation. It closed by saying that whoever holds this money holds it in trust, and if he spends it on something else or fails to safeguard it, he sins and must make it good.
- Dividing one sa' of zakat al-fitr among several poor people
A question about dividing one sa' of zakat al-fitr among several poor people, in which Jordan's General Iftaa Department answered that the sa' or its value may be divided among several poor people, because the number of recipients is not fixed. The Department answered that zakat al-fitr is fixed at one sa' per person, but the number of people who may receive that sa' is not fixed. It concluded that the sa' may be distributed among more than one poor person.
- Taking internet and telephone cables from the street
A question about the ruling on stealing internet and telephone cables from the street, and whether placing them in the street counts as safe custody (hirz); Jordan's General Iftaa Department answered that theft is a major sin for which God threatens punishment in this world and torment in the next, by the verses of al-Ma'ida and al-Nisa, that it entails the fixed penalty when its conditions are met and entails sin that does not lapse even if the penalty does, and that repentance is valid only by returning what was stolen or guaranteeing its value. It defined theft with Zakariyya al-Ansari in Asna al-Matalib as taking property secretly from the custody appropriate to it, subject to conditions, explained that taking from custody is a condition for the penalty, and that custody varies with custom, the kind of property, the state of people and the times, quoting al-Khatib al-Shirbini in al-Iqna that custom decides what counts as custody and that al-Ghazali defined it as what does not make the owner count as negligent, with examples of the custody of vessels, clothes, jewellery, cash and the goods of a sleeper. It ruled that the custody of internet and telephone cables consists in raising them on poles or burying them in their designated routes, so whoever takes them is a thief, having taken them from the custody appropriate to them.
- Students using ChatGPT to prepare research
A question about students using ChatGPT to prepare research, in which Jordan's General Iftaa Department answered that a student may not have the technology produce the core intellectual effort of a research paper and present it as his own, since that is lying and cheating, but may use it for formal tasks such as gathering information and sources and proofreading. The Department answered that ChatGPT is an interactive model based on artificial intelligence, developed by the American company OpenAI and launched in November 2022, which can be used to create content, write articles and help with research; the ruling on using it for research and assignments depends on the kind of effort involved. The original effort that is the point of the work, namely formulating information, drawing conclusions, ordering ideas and discussing open questions, may not be produced with this technology and attributed to oneself to mislead supervisors, since research is a means of assessment, and this earns an undeserved grade and puts the student on a par with those who worked hard. It cited a hadith agreed upon by al-Bukhari and Muslim whose meaning is that one who pretends to have what he was not given is like one wearing two garments of falsehood, Surat al-Tawba 9:119, and a hadith narrated by Muslim whose meaning is that whoever cheats us is not of us, calling this lying, cheating and forgery. As for formal effort, such as using search engines, gathering information, statistics and sources, and proofreading, there is no objection to using any artificial-intelligence tool that gives the research strength and scholarly authenticity. The Department advised students and researchers to avoid lying, cheating and forgery, to keep their own personal effort in writing their studies, and to use these technologies in ways pleasing to God.
- A surgeon combining two prayers
A question on a doctor performing surgery that lasts several hours, in which Jordan's General Iftaa Department answered that he must pray on time where possible, but if that is impossible for fear for the patient he may intend to combine the prayers by delaying the first. The Department answered that a Muslim must keep to praying on time as far as possible, so if the doctor can postpone the operation, pray before it, or will have time to pray after it, he may not delay the prayer. If that is impossible, jurists allow bringing a prayer forward or delaying it for need, or for fear of losing a duty or an interest the sharia protects, such as life or property; it quoted al-Ramli's gloss on Asna al-Matalib that this applies to someone busy rescuing a drowning person or fending off an attacker. It quoted Bughyat al-Mustarshidin that al-Khattabi reported from Abu Ishaq that combining while resident is allowed for need, a view also held by Ibn al-Mundhir, and the Hanbali al-Insaf that combining is allowed for anyone with an occupation or excuse that would permit missing the Friday or congregational prayer. It concluded that a doctor busy with an operation who cannot pray on time for fear for the patient may intend to combine the prayers by delay.
- Surgery under anaesthesia while fasting
A question about surgery under anaesthesia while fasting, in which Jordan's General Iftaa Department answered that anaesthesia itself does not break the fast, provided the patient is not under it for the whole day, but that another fast-breaking act may occur during the operation and require making the day up. The Department answered that anaesthesia itself does not break the fast, because anaesthetic gases have no physical substance, and anaesthetic injections under the skin are likewise. It set the condition that the patient not remain under anaesthesia for the whole day: if he was awake at the start of the day his fast is valid, and likewise if he wakes after the operation even a moment before sunset. It said that something else that breaks the fast may occur during an operation, such as substances entering the interior, and if that happens he must make the day up.
- Fasting after taking medicine to delay menstruation
A question about a woman who took medicine to delay menstruation and fasted, in which Jordan's General Iftaa Department answered that her fast is valid, but that she is not advised to do so as there is no necessity, and that taking it is forbidden if it harms her, even possibly. The Department answered that if a woman takes medicine, sees no menstrual blood and fasts, her fast is valid. It said she is not advised to do this since there is no necessity for it, and if the medicine harms her, even possibly, taking it is forbidden for her.
- Taking light fittings from streets and public places
A question about taking light fittings from streets and public places, in which Jordan's General Iftaa Department answered that light fittings are secured (in hirz) by being installed in the places designated for lighting, so taking them from there is theft, since they are taken from the kind of safekeeping appropriate to them. The Department answered that theft is a major sin, citing Surat al-Ma'ida 5:38 and Surat al-Nisa' 4:29–30; it said theft incurs the prescribed penalty when its conditions are met and always incurs sin, the sin does not lapse even if the penalty does, and repentance is valid only by returning the stolen item or paying its value. It quoted Zakariyya al-Ansari's definition in Asna al-Matalib (4/137) of theft as secretly taking property from its appropriate place of safekeeping under conditions, said that taking from safekeeping is a condition for the penalty, and that safekeeping varies with custom, the kind of property, people's circumstances and the times, quoting al-Khatib al-Shirbini in al-Iqna' fi Hall Alfaz Abi Shuja' (2/535) that custom decides what counts as safekeeping, and mentioning al-Ghazali's criterion: a place where the owner would not be regarded as neglecting it. It concluded that light fittings are kept in safekeeping by being installed in their designated places, and taking them from there is theft because they are taken from the safekeeping appropriate to them.
- Taking zakat while holding an emergency fund
A question from partners in a grocery who saved an emergency fund while their salaries fall short, in which Jordan's General Iftaa Department answered that zakat is due on saved money that reaches the threshold and completes a year, and that the payer may not take his own zakat for himself. The Department answered that whoever owns the threshold amount for a full year must pay zakat to those entitled to it, whatever the reason for saving the money, and that God set out its recipients in the Qur'an. It said the payer may not pay it to himself, since that is neither paying nor transferring ownership, so he cannot be payer and recipient at once; nor may he give it, as relief for poverty, to those he must maintain; it quoted al-Khatib al-Shirbini's al-Iqna' on this. It concluded that the payer may not take his own zakat for himself, nor give it as poverty relief to dependants such as parents, wife and young children, while he holds savings he can spend from.
- Tayammum for a pregnant woman whom ghusl exhausts
A question about tayammum for a pregnant woman whom ghusl exhausts, in which Jordan's General Iftaa Department answered that tayammum is not resorted to while water can be used by heating it and warming the room; if that is impossible and ghusl would cause serious harm she may perform tayammum, but must make up the prayers. The Department answered that tayammum may not replace an obligatory ghusl while one is able to use water, for example by heating the water, warming the place of bathing and similar precautions. It said that if this does not help or cannot be done, and ghusl would cause serious harm, she may perform tayammum because she is unable to use water owing to the harm, but she must make up the prayers she performed with that tayammum. It quoted Bushra al-Karim that cold permits tayammum only if warming does not help, nothing is available to heat the water, and harm is feared to life or limb or the onset or worsening of illness, and that mere discomfort from water does not permit tayammum.
- Tayammum instead of ghusl in severe cold
A question about performing tayammum instead of ghusl because of severe cold, in which Jordan's General Iftaa Department answered that it is permitted for someone whose illness prevents using water, or who finds the water cold, cannot heat it and would be harmed by it, but that prayers performed with that tayammum must be made up. The Department answered that someone who is ill and cannot use water, or who finds the water cold, cannot heat it and would be harmed by using it, may perform tayammum. It said that such a person must make up the prayers performed with tayammum in this case, because he is in a place where lack of water is rare.
- A teacher who wants to work without an underperforming platform partner
A question from a teacher working with an online platform for 60% of the income, with 40% for the platform, after the platform stopped doing its share, in which Jordan's General Iftaa Department answered that she is not entitled to more than the agreed share, and that she must first dissolve the partnership if she wants to work alone. The Department answered that a contract is binding law between its parties, and agreed conditions must be honoured if they involve nothing forbidden. It classed the arrangement between the teacher and the platform owner as a partnership in work (sharikat a'mal), in which profit is divided by the agreed proportion, quoting al-Marghinani's al-Hidaya that a partnership of crafts is permitted. It concluded that the teacher who does the platform manager's work is not entitled to anything beyond what they agreed, and if she wants to work alone she must first dissolve the partnership contract and then work on her own.
- The ruling on the Friday ghusl
A question about the ruling on the Friday ghusl, in which Jordan's General Iftaa Department answered that it is an emphasised sunna recommended for everyone who intends to attend the Friday prayer, and that someone in major impurity who intends both lifting that impurity and the Friday ghusl gains both. The Department answered that the Friday ghusl is an emphasised sunna, citing a hadith reported by Abu Dawud and al-Tirmidhi, who graded it good (hasan), that whoever performs wudu on Friday does well, and whoever performs ghusl, the ghusl is better. It said that it is recommended for everyone who intends to attend the Friday prayer, even someone not obliged to attend, such as a woman or a boy. It added that someone in a state of major impurity who intends by one bath both to lift the impurity and to perform the Friday ghusl gains both, while intending only one of them gains only that one.
- Using toothpaste during the day in Ramadan
A question about using toothpaste during the day in Ramadan, in which Jordan's General Iftaa Department answered that it does not break the fast if the person is sure none of it reached the interior, but that it is disliked, and is better used before the fast begins or after it ends. The Department answered that using toothpaste during the day in Ramadan does not break the fast if the person is sure none of it reached the interior, but that it is disliked. It said it is better for the fasting person to use it before the start of the fast or after breaking it, so as not to put the fast at risk.
- Translating advertising for forbidden things
A question from a website translator who sometimes translates restaurant and hotel offers involving alcohol or resorts for gay people, in which Jordan's General Iftaa Department answered that translation is permitted in principle, but not where it directly helps or promotes what is forbidden. The Department answered that translation work is permitted in principle, provided its fields are not tied to directly assisting or promoting forbidden things. It said material that assists the forbidden may not be translated, such as advertising for what the Department regards as vice and corruption, or for drinking alcohol, pointing to the Qur'anic command to cooperate in righteousness and piety and not in sin. It concluded that translating material tied to or promoting the forbidden is not permitted, while translating what has no such connection is permitted.
- Tutoring platforms falsely claiming top students studied with them
A question about tutoring platforms falsely claiming top students studied with them, in which Jordan's General Iftaa Department answered that this is forbidden lying and deception, whether it comes from the students or the platform owners, and that the sin is greater when it is paid for. The Department answered that a Muslim must hold to truthfulness in word, deed and every circumstance, citing the verse commanding believers to be with the truthful in Surat al-Tawba 9:119. It said that lying and cheating to obtain worldly gain are among the gravest sins, relying on a hadith reported by al-Bukhari that whoever cheats is not one of us and on the verse commanding avoidance of false speech in Surat al-Hajj 22:30, and it counted money taken in return for false statements as forbidden gain (suht) and as consuming people's wealth wrongfully. It added that platform owners may not attribute to themselves what is not theirs, such as claiming a top student as one of their own when he is not, relying on the hadith of Asma bint Abi Bakr reported by al-Bukhari that one who boasts of what he was not given is like one wearing two garments of falsehood. It concluded that lying in media statements, and in every circumstance, is forbidden, whether by students or by platform owners, and that the sin is greater when it is done for payment.
- Conditions for performing hajj or umrah on behalf of a sick person
A question on appointing someone to perform umrah for a sick father with the intention of his recovery, in which Jordan's General Iftaa Department answered that proxy performance is allowed for someone permanently unable, with his permission, and that intending recovery is fine. The Department answered that hajj and umrah are obligatory once in a lifetime, and that someone unable to perform them because of an illness not expected to pass, or old age, may appoint another to perform them, and must do so for the obligatory one, citing al-Shirwani's gloss on Tuhfat al-Muhtaj and the definition of the permanently disabled (al-ma'dub) in al-Nawawi's al-Majmu'. It required the disabled person's permission, since he is alive with his own will and choice, quoting al-Nawawi's Rawdat al-Talibin that hajj for him without his permission does not count, and said a passing illness expected to heal does not allow a proxy. It said there is nothing wrong with the umrah being intended for recovery, since seeking recovery is a supplication and offering a good deed before supplicating is recommended. It concluded that someone who became able and then lost the ability must appoint a proxy, that the disabled may appoint one for voluntary hajj and umrah too, and that the proxy must have the person's permission and must already have performed hajj or umrah for himself.
- Performing a vowed umrah before the vow's condition is met
A question from someone who vowed an umrah if he received money owed to him and then performed it before receiving the money, in which Jordan's General Iftaa Department answered that the safer course is to wait for the condition, and that someone who acted early and cannot repeat the act is discharged on the Hanbali view. The Department answered that a vow is a commitment to an act of devotion the sharia does not require, which must be fulfilled once made, and that scholars differ on fulfilling a conditional vow before its condition is met. The Shafi'is allow a financial vow to be fulfilled early but not a bodily one, and count hajj and umrah as bodily, quoting Zakariyya al-Ansari's Asna al-Matalib, and Imam al-Haramayn al-Juwayni's Nihayat al-Matlab that proxy hajj is a concession for necessity. The Hanafis hold that what is done before the condition is voluntary and must be repeated, quoting al-Shurunbulali's Maraqi al-Falah, while the Hanbalis allow early fulfilment, quoting al-Buhuti's Kashshaf al-Qina'. It concluded that the safer course is for the person to wait until the condition is met, so that he is discharged by consensus, but if he has already performed the vowed act and cannot repeat it, he may be judged discharged on the Hanbali view.
- Cutting prices to drive competitors out of the market
A question from a sales company about cutting its prices for two months to push its competitors out of the market, in which Jordan's General Iftaa Department answered that the ruling depends on the intention. The Department answered that selling below the market price with the aim of harming other traders, such as inflicting losses on them or driving them out to monopolise the market, is forbidden, citing the hadith that there is to be no harm and no reciprocal harm. It said that a price cut made without intent to harm, which causes only slight harm, is tolerated for the public benefit of easing costs for people, such as clearing goods near the end of their season or shelf life, as a temporary measure for a limited time. Where it causes gross harm to the market as a whole, it set out two views: the majority hold that a trader may sell at any price and is not bound to a fixed one, citing the report of Umar and Hatib ibn Abi Balta'a; the Malikis hold that he must match the market price or leave the market, quoting Ibn Rushd's al-Bayan wa-l-Tahsil. It urged traders to take this into account.
- Understating calories on a product label
A question about understating calories on a product label, in which Jordan's General Iftaa Department answered that claiming qualities a product does not have is forbidden as lying and cheating; whoever has done so must repent and correct the information, but need not set aside any profits since the price did not change, though giving charity to purify the earnings is fine. The Department answered that Islam forbids lying and cheating in transactions, citing Surat al-Mu'minun 23:8 and Surat al-Tawba 9:119 and a hadith narrated by Muslim whose meaning is that whoever cheats the Muslims is not of them, and said that attributing to goods qualities they lack is lying and cheating. It quoted resolution no. 101 of Jordan's Iftaa Council that a Muslim, whether a trader, a sales representative or in any other position, must be truthful in all he says and always show the truth about every product he promotes, and that lying and misrepresentation are forbidden to him. It said whoever has fallen into this must hasten to sincere repentance: stopping at once by correcting the published product information and announcing the correction, resolving not to repeat it, feeling remorse, and seeking forgiveness often and doing good deeds. It noted that because the product's price did not rise owing to the false description, being the same with or without it, there is no need to set aside any of the profits, as there is no difference to return; there is no harm in giving charity to purify the earnings.
- Unintended oaths (yamin al-laghw)
A question about unintended oaths (yamin al-laghw), in which Jordan's General Iftaa Department answered that whoever swears by God without intending an oath or resolving to bind himself owes nothing, while one should not swear often. The Department answered that whoever swears by God without intending an oath and without resolving to bind himself to it owes nothing, citing Surat al-Baqara 2:225. It said a Muslim should not swear often, so that his tongue does not become used to it, citing Surat al-Baqara 2:224.
- Adding urea to moisturising creams
A question about adding urea to moisturising creams, in which Jordan's General Iftaa Department answered that synthetic urea is pure and may be used, while organic urea extracted from urine is impure unless it has been transformed, and may be used as medicine when there is no alternative. The Department answered that urea is an organic compound produced by animal and human bodies and mostly excreted in urine, and that it is now made industrially and used in animal feed, fertilisers, medicines, plastics and other products. It said synthetic urea is pure because it is made by reacting ammonia gas with carbon dioxide under high pressure, and the rule is that things are pure in principle. It said organic urea taken from urine is impure because it is mixed with it, but may be used for treatment when no pure alternative exists, citing al-Khatib al-Shirbini's Mughni al-Muhtaj on treatment with impure substances when nothing pure is available. It said that if other substances are added that remove its properties and turn it into a different substance, it is judged pure by the Hanafis, who hold that impure things become pure through transformation (istihala), citing Ibn al-Humam's Fath al-Qadir. It concluded that there is no objection to synthetic urea in cosmetic and medical preparations, nor to organic urea once transformed, and that untransformed organic urea may be used for treatment provided there is no alternative and no harm, as judged by the authorities that oversee drug manufacture.
- Using an inhaler while in ihram
A question about using an inhaler while in ihram, in which Jordan's General Iftaa Department answered that a person in ihram may use steam, sprays and inhalers containing aromatic substances for treatment, and owes no fidya. The Department answered that a person in ihram may use steam treatments, sprays and inhalers containing aromatic substances for treatment, because the aim is treatment rather than perfuming, and he owes no fidya for it. It quoted Hashiyat al-Bujayrimi ala al-Khatib (2/455) that what is meant for eating or treatment is not forbidden to a person in ihram and carries no fidya, even if it has a pleasant scent.
- A patient using an inhaler during the day in Ramadan
A question about a patient using an inhaler during the day in Ramadan, in which Jordan's General Iftaa Department answered that an inhaler through the nose or mouth breaks the fast; someone who needs it on some days uses it, keeps refraining and makes those days up, while someone who needs it every day uses it, keeps refraining and feeds a poor person for each day. The Department answered that using an inhaler through the nose or mouth breaks the fast, because the medicine in these inhalers is meant to reach the lungs, which are part of the body's interior. It said that someone who uses it on some days uses it while fasting, keeps refraining from food and drink, and makes those days up later. It added that someone who uses it every day uses it while fasting, keeps refraining, and feeds one poor person for each day.
- Using oxygen while fasting
A question about a fasting person using an oxygen device, in which Jordan's General Iftaa Department answered that it does not affect the validity of the fast, because oxygen is air with no physical substance, unless medicinal substances with physical substance are added to it. The Department answered that using an oxygen device does not affect the validity of the fast, because oxygen is air without physical substance. It said that if medicinal substances that have physical substance are added to the oxygen, using it during the day in Ramadan breaks the fast, because they enter the interior through a normal passage.
- Using the phone during paid overtime
A question about using the phone during paid overtime, in which Jordan's General Iftaa Department answered that an employee must follow the overtime rules, be truthful and be present; he may fill idle time with something beneficial once his duties are done, but if he delays work for personal matters, the pay for the wasted time is not lawful for him and he must return its value. The Department answered that an employee must follow the instructions and regulations on overtime hours, be truthful and avoid deception and lying, citing Surat al-Tawba 9:119, and that whoever is assigned overtime must be present at the workplace even if he has no tasks. It said that in that case he should do his best to use the time for his institution's benefit; if he has no work, there is no harm in spending the time on something useful such as reading the Qur'an or books or listening to lessons, provided he has completed everything he is responsible for. It said that if he has work, he must spend the time completing it, and may answer calls or attend to other personal matters within accepted custom so long as the work is not delayed; if the work is postponed because of his personal matters, the pay for the time he wasted is not lawful for him, and he must return its equivalent to the institution by any possible means.
- Vomiting during the day in Ramadan
A question about vomiting during the day in Ramadan, in which Jordan's General Iftaa Department answered that deliberate vomiting breaks the fast, while someone overcome by vomiting does not break it unless some of it returns to the interior. The Department answered that deliberately making oneself vomit is among the things that break the fast, so whoever vomits on purpose has broken it. It said that someone overcome by vomiting has not broken the fast if none of it returns to the interior; otherwise he has. It relied on a hadith reported by Abu Dawud and al-Tirmidhi that distinguishes the person overcome by vomiting, who owes no make-up day, from the one who vomits deliberately, who must make the day up.
- Vowing to fast a whole year
A question about vowing to fast a whole year, in which Jordan's General Iftaa Department answered that a vow for a specific year excludes the Eids, the days of tashriq, Ramadan and days of menstruation and postnatal bleeding with no make-up, and that a vow for an unspecified year binds continuity if stipulated and requires making up those days except menstruation and postnatal bleeding. The Department answered that whoever vows to fast a specific year does not include in the vow the Eid, the days of tashriq, Ramadan, or days of menstruation and postnatal bleeding, and these days are not made up. It said that whoever vows to fast an unspecified year must fast continuously if he stipulated continuity, does not fast the days of Eid, Ramadan and menstruation, but must make up those days except the days of menstruation and postnatal bleeding. It quoted the Hashiya of al-Bajuri on Ibn Qasim's commentary (2/606) that Ramadan admits no other fast and that Eid and tashriq admit no fast at all, so they are excluded by the law from a specific-year vow and do not break continuity, noting there the disagreement of al-Rafi'i over menstruation and postnatal days in a specific year, and the view of Ibn al-Rif'a that menstruation days in an unspecified year must be made up as in Ramadan.
- Wearing a face mask in ihram
A question about wearing a face mask in ihram, in which Jordan's General Iftaa Department answered that a man wearing a face mask in ihram commits a prohibited act that in principle requires a compensatory offering (fidya), but if the authorities require masks because of epidemics, men and women may wear them with no sin and no fidya. The Department answered that in principle a woman in ihram may not cover her face, while a man may cover his face with something not normally considered a fitted garment, citing a hadith narrated by al-Bukhari on the garments a pilgrim avoids, including that a woman in ihram should not wear a face veil or gloves, and quoting al-Nawawi in Matn al-Idah fi al-Manasik (p. 45) that covering parts other than the head with a wrap or cloak is not forbidden, only garments made to fit the body or one of its limbs. It said that a man placing a mask over his face in ihram is in principle a prohibited act requiring fidya, since it is a garment covering part of the body; but if the authorities compel pilgrims to wear masks because of epidemics or similar reasons, it is permitted for men and women without fidya or sin, relying on Sharh al-Muqaddima al-Hadramiyya (p. 666) on what is permitted out of need and what is done under compulsion. It concluded that following these instructions is better than breaking them and exposing oneself and others to the risk of infection.
- Wearing energy stones
A question about wearing energy stones, in which Jordan's General Iftaa Department answered that there is no objection to adorning oneself with customary gemstones, and that energy stones used for treatment are governed by experiment and scientific study: if their benefit is established they may be used, provided one does not believe the stone itself benefits or harms. The Department answered that there is no objection to a woman adorning herself with precious stones such as rubies, agate and the like, when they are among the things customarily worn for adornment. It said that so-called energy stones, when used for treatment, are a matter governed by experiment and scientific studies showing whether they have an effect; if studies or experience show a benefit to human health, there is no objection to using them, since they are part of God's creation like medicines taken from plants and other created things. It stipulated that a Muslim must not believe the stone itself is what benefits or harms; it is only one means among others, and the matter belongs to God alone.
- What a seeker should do when no guiding shaykh can be found
A question from a seeker who has long searched for a guiding shaykh to teach him the spiritual path and the religious sciences and has found none; Jordan's General Iftaa Department answered that there is much good in the community and that scholars who train others never cease, so a student should search earnestly, ask after them and draw on their knowledge, and that one who finds no guiding and training shaykh should abundantly invoke blessings and peace on the Prophet while keeping to remembrance and worship and refraining from the forbidden, for this brings him to his goal on the journey to God. It quoted Imam Muhammad al-Sanusi that he had seen in the words of some masters of Sufism that whoever lacks training shaykhs should invoke blessings on the Prophet abundantly and will reach his goal by them, and Ahmad Zarruq in Qawa'id al-Tasawwuf (p. 86, rule 114) that remembrance is the charter of sainthood, with the saying of his shaykh Abu al-Abbas al-Hadrami to keep up remembrance and abundant blessings on the Prophet, these being a ladder, an ascent and a path to God when the seeker meets no guiding shaykh.
- Who pays a pregnant or nursing woman's fidya
A question about who pays a pregnant or nursing woman's fidya, in which Jordan's General Iftaa Department answered that the fidya is due from the wife's own wealth and is not due from the husband unless he volunteers it. The Department answered that the fidya is due from the wife's wealth and is not owed by the husband unless he chooses to pay it voluntarily. It quoted Mughni al-Muhtaj (2/174) that when a pregnant or nursing woman fears only for the child, the pregnant woman fearing miscarriage or the nursing woman fearing her milk will lessen and the child perish, she owes fidya from her own wealth together with the make-up.
- Wholesale gold sold on credit
A question about wholesale gold sold on credit, in which Jordan's General Iftaa Department answered that selling gold in instalments or for a deferred price is forbidden, that hand-to-hand exchange and equal weight are required, and that the way out is two separate cash contracts or a crafting fee. The Department answered that selling gold or silver in instalments or for a deferred price is forbidden and immediate mutual taking possession is required, otherwise it is riba, citing a hadith narrated by Muslim on the six commodities, whose meaning is that gold for gold, silver for silver and the rest are exchanged like for like and hand to hand, and that any increase is riba in which taker and giver are equal. It said that when new gold is exchanged for used gold, the weights must be equal, otherwise it falls into riba. It said the way out is for the trader to buy the used gold for money and then sell the new gold for money, with the price paid in the contract session in both contracts, or to take the used gold to re-craft or repair it and then charge a fee for the crafting or repair.
- Wiping over socks
A question about wiping over socks in wudu, in which Jordan's General Iftaa Department answered that most socks worn today may not be wiped over because they do not meet the conditions for wiping, and set out those conditions. The Department answered that wiping over most of the socks known today is not permitted, because they do not meet the conditions for wiping. It said that the dispensation came for wiping over leather footwear (khuffs) and socks under conditions: that they are thick and do not let poured water through, that one can keep walking in them, that they are put on in a state of purity, that they cover the whole foot up to the ankles, meaning the protruding ankle bones, and that they are not torn.
- Working in a hotel
A question about working in a hotel, in which Jordan's General Iftaa Department answered that it is permitted in jobs that neither involve nor aid forbidden things, such as administration, and forbidden in jobs that do, such as serving or transporting alcohol. The Department answered that working in hotels, restaurants and shops is permitted in jobs that neither directly involve forbidden things nor aid them, such as administrative work. It said that jobs that directly involve or aid forbidden things, such as serving, transporting, buying or accounting for alcohol, or arranging its purchase, are forbidden, citing Surat al-Ma'ida 5:2. It explained that the basic business of hotels and restaurants is permissible, that the sin of forbidden things occasionally done there rests on those who run them, and that scholars permit dealing with someone whose lawful wealth is mixed with unlawful wealth, referring to its fatwa no. 2697.
- Writing off a debt and counting it as zakat
A question about writing off a debt and counting it as zakat, in which Jordan's General Iftaa Department answered that it does not count as zakat and is a charitable gift, and that it is better for the creditor to collect the debt and then give the debtor from his zakat if he is eligible. The Department answered that writing off a debt with the intention of counting it as zakat does not discharge zakat, but is a rewarded act of charity, because zakat requires the giver to intend it at the time of handing over the money, and the debt is already established on the borrower, so the intention cannot be transferred to zakat. It said it is better for the creditor to collect the debt from the debtor and then give him back all or part of the zakat he owes, if the debtor belongs to the eight categories entitled to zakat. It quoted Umdat al-Salik that if the giver hands money to a poor person on condition that he return it in payment of a debt, or says, 'I have made what you owe me zakat,' it does not count, whereas if he gives it intending that the debtor repay him from it, without making that a condition, it counts, and the debtor is not bound to repay.
- Wudu and ghusl with Zamzam water
A question about performing wudu and ghusl with Zamzam water, in which Jordan's General Iftaa Department answered that both are permitted, and that scholars disliked only using it to cleanse oneself after relieving oneself. The Department answered that wudu and ghusl with Zamzam water are permitted. It said that scholars disliked only using it for istinja, cleansing oneself after relieving oneself.
- Wudu with adhesive on the hand
A question about wudu with adhesive on the hand, in which Jordan's General Iftaa Department answered that if what is on the limbs of wudu does not form a barrier preventing water from reaching the skin, wudu is valid with it, but if it prevents water reaching the skin, wudu is invalid and it must be removed. The Department answered that the general rule is that if what is placed on the limbs of wudu does not form a barrier preventing water from reaching the skin, wudu is valid with it; if it prevents water from reaching the skin, wudu is not valid and it must be removed so that water reaches the hair or skin unobstructed. It quoted al-Nawawi in al-Majmu (1/529) that if wax, dough, henna or the like prevents water from reaching any part of a limb, purification is invalid whether the amount is large or small, whereas a remaining trace or colour of henna without its substance, or a trace of liquid oil over which water still flows on the skin, does not affect validity.
- Wudu for someone in a constant state of impurity, such as urinary incontinence or irregular bleeding
A question about how someone afflicted with a constant state of minor impurity, such as urinary incontinence or a woman with irregular bleeding, should perform wudu, in which Jordan's General Iftaa Department answered that three things are required: performing wudu only after the prayer time begins, cleaning and then performing wudu at once, and washing without interruption and praying straight away, with a fresh wudu for every obligatory prayer. The Department answered that such a person must do three things; the first is to perform wudu only after the time of the prayer has begun. The second is, after the time begins, to change the bag or pad used to limit the flow of urine or blood, wash the private parts of it, and then perform wudu at once. The third is to wash the limbs of wudu one after another without interruption and then pray straight away without delay, unless waiting in order to pray with the congregation. It added that such a person may not combine two obligatory prayers with one wudu, but must perform wudu for each obligatory prayer, even one being made up.
- X-rays while fasting in Ramadan
A question about x-rays while fasting in Ramadan, in which Jordan's General Iftaa Department answered that an X-ray itself does not break the fast, but taking a contrast substance through an open passage to the interior does. The Department answered that X-ray imaging in itself does not break the fast. It said that if the fasting person takes a medicine or substance to make the image visible through an open passage to the interior, such as the mouth or the anus, it breaks the fast.
- YouTube ad income when some forbidden content slips through
A question from a YouTube creator who earns from ads and filters them, in which Jordan's General Iftaa Department answered that the ruling follows whether forbidden ads predominate or are rare. The Department answered that Islam forbids anything that directly aids what is forbidden, and promoting a forbidden ad is such aid, so the creator must filter the ads and remove forbidden ones. It said that if he cannot control the removal of forbidden ads, or they appear predominantly despite filtering, earning from them is forbidden, since the ruling follows what predominates. If they appear only rarely after filtering, or the forbidden element is incidental, such as images in ads for lawful products, it held that this is at the least doubtful and better avoided, and advised giving part of the earnings in charity to clear one's account.
- Paying zakat al-fitr in meat
A question on paying zakat al-fitr in beef or chicken, in which Jordan's General Iftaa Department set out the schools' views and held that it is better not to pay it in meat, though it is valid from someone following a school that allows it. The Department explained that zakat al-fitr was made obligatory as a purification for the one who fasted and food for the poor, and that what is due is a sa' of wheat, barley, dates, raisins, rice or similar staple food, citing hadith reports from Ibn Umar and Abu Sa'id al-Khudri. It reported the Shafi'i view that it is paid from the land's staple food, and that meat does not count even if it is the local staple, since it is not normally a staple; those with no qualifying staple pay from that of the nearest place. It reported the Hanafi view that meat is allowed, since they allow paying the value for ease and the poor's benefit, to the value of half a sa' of wheat, that is 1,625 grams; and the Maliki view that it is paid from nine specified foods, and only if these are lacking from the prevailing food, even meat, equivalent to a sa' of wheat. It concluded that it is better not to pay it in meat, to avoid the disagreement of those who forbid it, but that it is valid from someone who follows a view allowing it.
- Giving zakat to funds that support needy students
A question about giving zakat to private funds that support needy students, in which Jordan's General Iftaa Department answered that students receive zakat as poor people, not as students, under certain conditions, and that a trustworthy fund may be appointed as agent to pass it on to them without taking a fee from the zakat. The Department answered that the recipients of zakat are limited to the eight categories named in the Qur'an, citing al-Baydawi's commentary that zakat is for these and no others, so it may not be given to anyone else. It said poor students receive zakat as poor people, not because they are students, on condition that study prevents them from earning and that they are diligent in it, citing al-Khatib al-Shirbini's Mughni al-Muhtaj that someone occupied with religious learning who cannot also earn a living may take zakat. It added the conditions that the knowledge be of the kind that meets the community's collective needs, which in its view now includes necessary worldly sciences such as medicine, engineering and physics alongside the religious sciences, and that the student not be someone the zakat payer is already obliged to support. It said the zakat payer may appoint a trustworthy person or body as agent to hand the zakat to poor students, either giving them the money to pay their fees or, with their permission, paying their instalments to the university directly. It concluded that zakat may be given to such funds if they are trustworthy and take no fee from it, passing it on voluntarily, and that they may be appointed as agents to give it to poor, diligent students.
- Zakat for maintaining school and hospital buildings
A question about zakat for maintaining school and hospital buildings, in which Jordan's General Iftaa Department answered that the recipients of zakat are limited to the eight categories, and building or maintaining schools is not among them, so zakat may not be paid for it; voluntary charity may be collected instead, or donors directed to educational endowments. The Department answered that the recipients of zakat are fixed by the Shari'a and limited to the eight categories named in Surat al-Tawba 9:60, citing a hadith narrated by Abu Dawud from Ziyad ibn al-Harith al-Suda'i whose meaning is that God did not accept the judgement of a prophet or anyone else concerning alms until He Himself ruled on them and divided them into eight parts. It said that building or maintaining schools is not among these categories, so zakat may not be paid for it, but voluntary charity may be collected for this purpose, or donors may be directed to educational endowments. It noted that the Jordanian Iftaa Council issued resolution 6/2018, which counts donating to improve education and endowing funds for the educational endowment initiative among the things the Shari'a calls for, provided the donation does not conflict with the instructions of the Ministry of Education.
- Giving zakat as a birth gift
A question on giving zakat to a friend in need in the form of a birth gift, in which Jordan's General Iftaa Department answered that this is allowed if the friend lacks enough for her needs and is not provided for by someone obliged to maintain her. The Department answered that zakat is a right due on wealth under its conditions, given to the eight categories named in the Qur'an. It defined nuqut as money or other things given at celebrations and occasions, and said the sounder view is that it is a gift to the person celebrating, not a loan to be returned, quoting Ibn Hajar al-Haytami. It concluded that if the friend lacks enough for her needs and is not provided for by someone obliged to maintain her, the gift may be given and counted as zakat.
- Zakat left unpaid until a second year passes
A question about someone who held the zakat minimum and did not pay until another year passed, in which Jordan's General Iftaa Department answered that zakat is due immediately and delaying it without excuse is a sin, and that the amount already due is not zakated again but is deducted from the following year's base. The Department answered that zakat is an obligatory financial act of worship that must be paid immediately from the day it falls due, because it is the right of the poor, and that whoever delays it without excuse sins and becomes liable for it, quoting al-Nawawi in al-Majmu to that effect. It said that money set aside and kept as zakat is not subject to zakat again, because it has become the property of the poor, though the payer sins by delaying if he was able to pay and did not. It quoted Abu Ishaq al-Shirazi in al-Muhadhdhab that someone holding a minimum on which zakat fell due, who did not pay until another year passed, owes no second year's zakat on that amount, because the poor came to own the due share of the minimum. It concluded that the amount due as zakat is not zakated again: each year's zakat is set aside and deducted from the wealth's base in the following year.
- Zakat on a dead man's wealth discovered years later
A question on bank funds and shares belonging to a man discovered fifteen years after his death, in which Jordan's General Iftaa Department answered that the more cautious course is to pay zakat for the past years on the Shafi'i view, while also reporting the Maliki view that a new year begins. The Department began by saying that zakat is a pillar of Islam, due on wealth that reaches the minimum threshold and is held for a full year, and paid every lunar year. It said zakat is due on all owned wealth whether or not the owner knew of it, so ignorance does not excuse the past years, since ownership never lapsed in that time, quoting al-Khatib al-Shirbini's Mughni al-Muhtaj that seized, lost or forgotten buried wealth is taxed for the past years once recovered. It reported the Maliki view, from al-Dardir's al-Sharh al-Kabir with al-Dasuqi's gloss, that inherited wealth no one knew of owes nothing for past years, and a new zakat year starts once it is received. It concluded that on the Shafi'i view the heirs owe zakat on the shares, money and profits for the past years once received, which is the more cautious course, and that whoever follows the Maliki view may hope for acceptance. It added that if the profits came from an interest-based bank they must all be given away in charity and forbidden shares disposed of, while profits from an Islamic bank may be kept, with zakat paid on them.
- Zakat on a pharmacy with stock but no cash
A question about zakat on a pharmacy with stock but no cash, in which Jordan's General Iftaa Department answered that zakat is due immediately and may not be delayed when one is able to pay; if no cash is available and only instalments are possible, it must be paid, even in instalments, from the price of goods sold after it fell due. The Department answered that zakat must be paid immediately from the day it falls due and may not be delayed when one is able, since it is the right of the poor, quoting al-Nawawi in al-Majmu (5/333) that in the Shafi'i school zakat must be paid at once: once due and payable it may not be delayed, and whoever delays after being able sins and becomes liable. It said that if there is no cash to pay the zakat and instalments are the only possibility, it must still be paid, even in instalments, from the price of goods sold after the due date, by setting aside a fixed amount from each day's takings.
- Zakat on a stalled housing project
A question about zakat on a stalled housing project, in which Jordan's General Iftaa Department answered that flats held for sale bear zakat on trade goods every year, but if completion stalls so that the owner cannot dispose of them, zakat is not due each year and is paid for one year on sale, following the Maliki school. The Department answered that zakat is in principle due on everything held for trade, citing Surat al-Baqara 2:267 and Mujahid ibn Jabr's explanation that it refers to trade, as in Tafsir Ibn Kathir (1/697); it said that flats held for sale are valued every lunar year and bear zakat on trade goods, citing the hadith of Samura ibn Jundab, narrated by Abu Dawud and al-Bayhaqi, on paying charity from what is prepared for sale. It said that when sales stagnate or construction stalls, the Malikis hold that zakat is not due every year but only for a single year upon sale, quoting al-Mudawwana al-Kubra (1/309) that someone who buys goods to sell, without regularly turning over his capital in trade, and whose goods fail to sell over several years, owes no zakat on them until he sells, and then pays a single year's zakat. It concluded that the owner of the flats owes no zakat while completion is stalled such that he cannot dispose of them, and pays one year's zakat when he sells them, following the Maliki school.
- Zakat on money in frozen accounts
A question about zakat on money in frozen bank accounts, in which Jordan's General Iftaa Department answered that a frozen account the bank invests for its owner is zakated every year, while one the owner cannot use and that yields no return owes no zakat until he receives it, when he pays zakat for one year. The Department answered that zakat is a pillar of Islam, due on owned wealth that reaches the minimum and completes a year, and is paid every lunar year. It said frozen accounts whose owners cannot dispose of them are of two kinds: one the bank operates and that yields a return for its owner, on which zakat is due because the money is growing for him; and one the owner can neither withdraw nor use and that yields no return, on which no zakat is due until the owner receives it, at which point he pays zakat for one year. It cited the resolution of the International Islamic Fiqh Academy at its sixteenth session on legal deposits, that a deposit held temporarily is zakated with the company's assets, while one held permanently is zakated for one year when returned to the company. It concluded that frozen accounts invested for their owners are zakated every year, and those their owners cannot withdraw owe no zakat until received, when zakat is paid for one year.
- Zakat on gas cylinders in a wholesale warehouse
A question about zakat on gas cylinders in a wholesale warehouse, in which Jordan's General Iftaa Department answered that if the warehouse's trade is confined to selling gas and exchanging cylinders, zakat is due on the value of the gas alone, the cylinders being containers; if it sells cylinders both empty and full, they are trade goods and zakat is due on their value together with the gas. The Department answered that in principle zakat is due on everything held for trade, citing Surat al-Baqara 2:267 and Mujahid's explanation of it as referring to trade, as reported in Tafsir Ibn Kathir (1/697). It said that if the warehouse only fills cylinders, sells them full and exchanges them for empty ones, the trade is confined to the gas, so zakat is due on the value of the gas and not on the cylinders, which are containers for the goods and lack the condition of growth. It cited a hadith narrated by al-Bukhari whose meaning is that a Muslim owes no alms on his horse or his slave, and Umayra's gloss that zakat is due only on growing wealth. The trader values the gas he owns at the end of the zakat year, adds his other cash, and if the total reaches the nisab pays 2.5% on all of it. If, however, the warehouse sells cylinders both empty and full and earns from both, they are trade goods, and zakat is due on the value of the empty cylinder plus the value of the gas in it.
- Zakat on inherited gold left undivided for years
A question about gold left by a grandmother that stayed undivided for thirty years, in which Jordan's General Iftaa Department set out the Shafi'i view that zakat for all past years is due on receipt and the Maliki view that the zakat year starts from receipt, and allowed the heirs to follow either view. The Department answered that a deceased person's wealth leaves his ownership on death, its zakat year is cut off, and it passes into the heirs' ownership, starting a new year from the moment of death; if the estate is divided, each heir reckons the year on his own share if it reaches the minimum. It said that if the wealth stays jointly held and undivided and reaches the minimum, which it gives as 85 grams of 24-carat gold, the Shafi'is hold its zakat due every year, so each heir pays the past years' zakat at 2.5% on receiving his share, because his ownership never lapsed; it quoted al-Khatib al-Shirbini in Mughni al-Muhtaj on zakat on seized or lost wealth once it returns to its owner. It reported that the Malikis require receipt and the passing of a year, so there is no zakat on inherited wealth for the years before it is received and the heir starts a new year after receipt, citing al-Dasuqi's gloss on al-Sharh al-Kabir that the relied-upon position is that of al-Mudawwana, which counts receipt. It concluded that heirs who wish to take the more cautious course may follow the Shafi'is and pay zakat for the past years, while those who follow the Malikis and start the year from the day they receive their shares, given how long the wealth was held, do nothing wrong.
- Zakat on the wealth of a sister with a mental disability who is not legally responsible
A question about zakat on the wealth of a sister with mental and physical illness who is not legally responsible and whose money has reached the minimum, in which Jordan's General Iftaa Department set out the majority view that it is due and the Hanafi view that it is not, and concluded that it is due on the majority view and paid by the guardian, with a sharia judge authorising payment if the money is held by official institutions. The Department answered that zakat becomes due when its conditions are met: Islam, freedom, an identified owner, complete ownership, reaching the minimum, and the passing of a year where a year is required. It said the Shafi'is, with the Malikis and Hanbalis, hold zakat due on the wealth of a minor or a person without sound mind because of the general wording of the texts, quoting Shams al-Din al-Ramli in Nihayat al-Muhtaj that zakat is not purely an act of worship confined to the legally responsible and that the guardian is the one addressed with paying it. It noted that the Hanafis do not hold it due, since it is an act of worship performed only by choice and intention, quoting al-Marghinani in al-Hidaya. It pointed out that this applies when the money is in the guardian's hands; if it is held by official institutions, a sharia judge has the authority to permit paying zakat, and judges usually follow Abu Hanifa's view that zakat is not due on an orphan's money, as in decision No. 83 of the Jordanian Iftaa Council. It concluded that, on the majority view, zakat is due on the wealth of a minor or a person without sound mind once it reaches the minimum and a year passes without its falling below the minimum, recurring every year, and that the guardian pays it when the money is under his control.
- Zakat owed by a deceased father and held back by his heirs
A question about zakat owed by a deceased father and held back by his heirs, in which Jordan's General Iftaa Department answered that zakat is a debt owed by the deceased, paid from the estate before division for all the years missed, and that money set apart as zakat is not liable to zakat again because it now belongs to the poor, though whoever delays paying it when able is sinful. The Department answered that zakat is a debt owed by the deceased and must be paid for the period he did not pay before the estate is divided, if it is certain he did not pay it; it is calculated from the day he owned the nisab and a year passed on it, so the zakat for all the previous years is taken from the estate before division. It said that money set apart and kept as zakat is not liable to zakat again, because it has become the property of the poor, but the person responsible sins by delaying its payment if he was able to pay and did not. It quoted al-Shirazi in al-Muhadhdhab (1/268) on the two views of al-Shafi'i about what zakat attaches to: the old view, that it is owed as a liability with the property pledged for it, and the new and correct view, that it attaches to the property itself; on the latter, if someone does not pay until another year passes, no zakat is due for the second year, because the poor already own the obligatory share of the nisab. It also quoted al-Shirbini in Mughni al-Muhtaj (2/137) that zakat attaches to the property as a partnership in its amount, with other views treating it as a pledge, or as owed only as a liability, the weakest of them.
- Giving zakat and zakat al-fitr to a poor brother
A question about giving zakat and zakat al-fitr to a poor brother, in which Jordan's General Iftaa Department answered that it is permitted because a poor brother is among those eligible to receive zakat. The Department answered that zakat and zakat al-fitr may be given to a poor brother. It explained that he belongs to the categories of people who may receive zakat.
Egypt's Dar al-Ifta (dar-alifta.org) 29 fatwas
- An agent deducting money from the principal's proceeds without his knowledge
A question from a man who sold his car to someone and later agreed to sell it on the buyer's behalf, undertaking to pay the licensing costs of thirty thousand; he sold it for four hundred and fifty thousand, told the principal the price was four hundred and twenty thousand, and kept the difference for the licences, and asked about this and about keeping what remained as a fee for selling. Dar al-Ifta al-Misriyya answered that he is bound in sharia to hand the principal the full real price, may not report a lower price, and may not keep the thirty thousand or any part of it, because it belongs to the principal and because he undertook the licensing costs from his own money and no fee was stipulated, unless the principal gives him some of it after learning the truth and consenting willingly. Dar al-Ifta explained that an agent's possession of his principal's property is a possession of trust, that the transaction is an agency to sell, permitted by consensus, that the price of the goods belongs wholly to the principal in all four schools, and that concealing the real price is lying, deceit and betrayal of trust; it cited the hadith that the two parties to a sale have a choice while together and are blessed if they are truthful and open, the hadith that whoever deceives us is not of us, the rule that there is no harm and no reciprocating harm, the principle that a Muslim's property is lawful only with his willing consent, and the rule that an agent who stipulated no fee is treated as a volunteer and helper.
- Antiquities found on one's own land
A question about a man who bought land in an Egyptian governorate to build a house and, while digging, found ancient statues; Dar al-Ifta al-Misriyya answered that antiquities found on Egyptian land are public property of the state and do not enter private ownership even when found on validly owned land, so he may neither own, keep nor dispose of them and must hand them to the competent authorities. Dar al-Ifta set out the Hanafi and majority definitions of rikaz (buried treasure) and its disposal in the four schools with the fifth due on it, then defined antiquities in language and under Egypt's Antiquities Protection Law 117 of 1983, and based the fatwa on the unknown identity of the original owner, on antiquities being a cause of dispute and greed, on the harm to the whole community if one individual kept them, and on the antiquity of Egyptian civilisation and the Qur'an's call to travel the earth and reflect on the traces of past nations. It quoted the articles of the law that make antiquities public property and require a finder to report within forty-eight hours, with a possible reward, and said this agrees with what the jurists laid down: that mines are for the ruler to close the door to strife, that the ruler's disposal is bound by the public interest, that the public interest precedes the private, and that obedience to the ruler in what is not sinful is obligatory by consensus.
- A bequest disinheriting an undutiful son
A questioner asks about a man who died after leaving a bequest that his undutiful son be denied inheritance. Egypt's Dar al-Ifta, in a fatwa issued under Grand Mufti Nazir Ayyad, answered that undutifulness to parents is forbidden and a major sin, but it does not cancel rights; inheritance passes to the heir by force of law, without the choice of heir or deceased, so the bequest is invalid and the son takes his share unless one of the recognised impediments to inheritance applies; he should make up for his father after his death by seeking forgiveness for him, giving charity on his behalf and keeping his ties of kinship.
- Reading a Braille mushaf during prayer
A visually impaired questioner wants to recite in his obligatory and voluntary prayers from a mushaf printed in Braille, which requires moving his hands and fingertips along the lines. Egypt's Dar al-Ifta, in a fatwa issued under Grand Mufti Nazir Ayyad, answered that this is permitted for an imam or one praying alone; moving the fingers to follow the lines is movement for the sake of reading and does not invalidate the prayer, provided the other limbs stay as still as possible and the Braille mushaf has been checked by the competent review committees.
- Buying goods unseen, with payment deferred to the day of delivery
A question from a man who bought from his brother, by telephone, a display screen he had not seen, on the understanding that the brother would send it on a set date and be paid on delivery, and who was told the sale was invalid because he had not seen the screen; Dar al-Ifta al-Misriyya answered that buying a specific screen, identified by descriptions that remove uncertainty, while it is absent from the place of contract is a sale of an identified absent object, which is permissible in sharia with the buyer's option on seeing it, and that deferring the price to the day of delivery is unobjectionable, being a sale of an object for a deferred price. Dar al-Ifta explained that a sale may concern a present object seen by both parties, a specific absent object, or a described object owed as in salam; that the majority of Hanafis, Malikis, Shafi'is in one view and Hanbalis in one report allow the sale of an absent object with the buyer's option on seeing it, on the strength of the general verse permitting sale, the hadith that whoever buys something he has not seen has a choice when he sees it, and the report of Uthman and Talha exchanging houses with Jubayr ibn Mut'im as arbiter, quoting al-Babarti, al-Marghinani, al-Ayni, al-Dardir, al-Nawawi, Ibn Qudama and al-Mardawi, while the Shafi'is in their more evident view and the Hanbalis in one report forbid it because of the prohibition of sales involving gharar. It preferred the majority view for the fatwa, since what matters is knowledge of the goods sufficient to remove the uncertainty that leads to dispute, which a precise description achieves as well as inspection does, and any gharar here is slight and excused by consensus for need, as al-Dardir, al-Nawawi and Ibn Muflih say; it then allowed deferral of the price to a known date or the day of delivery by the consensus reported by Ibn al-Mundhir and the statements of Ibn Abidin and al-Mawardi.
- Purifying mosque carpets with chemical cleaners
A question on removing impurity from mosque carpets with liquid chemical cleaners, in which Egypt's Dar al-Ifta answered that this suffices and water is not required. Dar al-Ifta answered that purifying the place of impurity is not limited to water, but is achieved by any pure liquid that removes it. It said these cleaners are in principle pure in themselves and remove the substance of impurity, as specialists state and experience shows, so carpets may be purified with them. It relied on the rule that things are pure in principle, citing al-Hattab's commentary on the Mukhtasar of Khalil and Ibn Hajar al-Haytami's Tuhfat al-Muhtaj.
- The conditions and manners of giving advice (nasiha)
A question from a man whose younger brother raised his voice at their eldest brother during a family consultation and who wishes to advise him, asking what conditions and rules he must observe in giving the advice; Dar al-Ifta al-Misriyya answered that advising him is among the finest of manners and part of the lawful mutual counsel that sharia encourages, provided the advice is sincerely for God, given in private wherever possible to protect the dignity of the person advised, offered gently and kindly in suitable words without shaming, not made conditional on his acceptance, and not productive of appreciable harm now or later. Dar al-Ifta set out the standing of advice through the definitions of al-Jurjani and al-Nasafi, the hadith that religion is sincere counsel and the hadith on a Muslim's rights over a Muslim, and presented two views on its ruling: that it is obligatory in all cases, whether individually or collectively, as Ibn Battal, al-Ayni, al-Nafrawi and al-Adawi hold, or that unsolicited advice is recommended while advice that is asked for becomes obligatory, as Ibn Ashur holds. It then detailed the rules, citing the hadith that deeds are judged by intentions; the sayings of al-Shafi'i, Sufyan ibn Uyayna, Ibn Qudama, Ibn Rajab and Ibn Hajar on giving advice in private; the Prophet's practice of indirect reproof with the words 'what is the matter with people who...', as in the story of Barira; Ibn Hazm's words in al-Akhlaq wa-l-Siyar on indirect speech and on not making acceptance a condition; the hadith on gentleness and al-Nafrawi's remarks; and the rule that there is no harm and no reciprocating harm, cited from al-Shatibi and al-Zarkashi, with Ibn Battal's statement that the duty lapses when harm is feared.
- The consolation gift (mut'a) for a wife who sought divorce because of harm
A question about a woman who brought a case before the judge seeking divorce from her husband for harm, and whether she is entitled to the consolation gift (mut'a) after divorce or whether her request counts as consent to the divorce that forfeits it; Dar al-Ifta al-Misriyya answered that the mut'a is money a husband pays to a wife he divorces after consummation, amounting to at least two years' maintenance according to his means, assessed by agreement or, in dispute, by the court, and that it is conditional on the divorce not coming from the wife or being caused by her, so that if the divorce was with her consent it lapses, but if it came at her request because she was harmed it does not lapse, since the consent that forfeits it is absent. Dar al-Ifta explained the meaning of the mut'a from al-Kharashi's commentary and Mughni al-Muhtaj; that it is obligatory by agreement for a woman divorced before consummation with no dower named, recommended in other cases according to the majority of Hanafis, Malikis and Hanbalis in one report, and obligatory according to the Shafi'is and in a view of Ahmad chosen by Ibn Taymiyya; that its amount depends on the husband's means by the text of the verse of al-Baqara; and that the four schools hold it to lapse in any separation that comes from the wife or is caused by her, such as khul', quoting al-Kasani, Ibn Juzayy, al-Rafi'i and Ibn Qudama. It referred to article 18 bis of Law 25 of 1929, added by Law 100 of 1985, which grants a wife divorced without her consent a mut'a of at least two years' maintenance, and to a 1997 ruling of the Egyptian Court of Cassation that a wife's resort to the judge for divorce on grounds of harm does not amount to consent to the divorce.
- Departing from a testator's condition when it cannot be fulfilled
A question about a deceased sister who left money with her brother and asked him to give it after her death to furnish the marriage of an orphan bride, while the family know only poor brides who are not orphans, and whether a poor bride may be furnished instead; Dar al-Ifta al-Misriyya answered that the executor must act on what the testator stipulated so long as it is lawful and feasible and may not alter it, so he must search for an orphan bride through official bodies, registered charities, orphanages and social-affairs offices that keep lists of orphan girls and their needs; if he does his utmost and finds only a poor bride, he may exceptionally give the money to her to help her marry, without blame or sin. Dar al-Ifta defined a bequest as a transfer of ownership taking effect after death by way of gift, as al-Hattab says, explained that it is recommended except for debts and duties owed, where it is obligatory, as al-Sarakhsi, al-Kasani, Ibn Rushd the grandfather, al-Rafi'i and Ibn Qudama say, and that it is limited to a third of the estate by the hadith of Sa'd ibn Abi Waqqas, the consensus reported by Ibn Battal and article 37 of the Bequests Law. It then ruled that a testator's conditions are binding and may not be altered, by the text of the verse of al-Baqara as explained by Ibn Kathir, al-Sarakhsi, Ibn Rushd and al-Juwayni, but that exceptions to this rule attend to the testator's purposes when the condition cannot be carried out, since a bequest is a discretionary trust and the executor is the deceased's deputy, and the description 'orphan' in the bequest points to likely helplessness and need, so giving the money to a poor bride moves to the nearest case sharing the same rationale, not to an unrelated one.
- Does anaesthesia break ablution?
A question about a patient about to undergo surgery under anaesthesia, asking whether general or partial anaesthesia breaks his ablution; Dar al-Ifta al-Misriyya answered that both general and partial anaesthesia break ablution in sharia, because each creates a likelihood that something invalidating passes from the body without awareness. Dar al-Ifta defined anaesthesia from Kashshaf Istilahat al-Funun, al-Mu'jam al-Wasit and the medical glossary of the Arabic Language Academy, dividing it into general, spinal and local; it explained that loss of reason in any form breaks ablution by the consensus reported by Ibn al-Mundhir, that Ibn Qudama counted drugs that remove reason as invalidating by consensus because such people's senses are further gone than a sleeper's, and that al-Nawawi stated that loss of reason through banj or medicine breaks ablution. It ruled that general anaesthesia breaks ablution as it removes reason, and that spinal anaesthesia, though it does not remove reason, removes control of and sensation in the limbs from the navel down, including the two passages, so it creates a likelihood of something invalidating passing; it cited the hadith that the eyes are the drawstring of the anus and the hadith on the relaxing of the joints, and the principle that sleep was made an invalidator only because it makes such a passage likely, the cause being put in place of the effect, as al-Munawi, al-Shurunbulali and Ali al-Qari explain.
- A father compelling his son to give voluntary charity
A questioner says his merchant father gives much in charity and asks his brother, who has started his own business, to give some of his goods in charity every month. Egypt's Dar al-Ifta, in a fatwa issued under Grand Mufti Nazir Ayyad, answered that voluntary charity is recommended and is given willingly, by choice, from what exceeds one's needs and those of one's dependants; no one may be compelled to give it, so the father may not force his son, but may encourage him by explaining its merit.
- Intellectual property rights in research works after the author's death
A question from a man whose father had an account on a website holding his research papers and had shown him the account and its password before his death, asking whether these papers form part of the inheritance or are his own property; Dar al-Ifta al-Misriyya answered that an author's economic rights last for his lifetime and fifty years after his death, that the rights to benefit from the research the father left are part of his property, enter his estate and pass to his heirs, and that no one heir has an exclusive claim to them without a valid cause transferring ownership before death, such as sale, gift or bequest. Dar al-Ifta explained that preserving property is among the universal aims of sharia, as al-Ghazali says, and that intellectual property and authors' rights are rights established for their holders in sharia and custom as a form of property, since property includes tangible things, uses and rights; it quoted Ibn Sida, al-Zabidi, al-Mazari, al-Juwayni, al-Rafi'i, Ibn Qudama and al-Buhuti that uses are property like tangible things, said that intellectual production is used, traded and valued by custom and so has the status of property, and referred to Egypt's Intellectual Property Law 82 of 2002, articles 140 and 160. It said that a father's permitting his son to view his research or manage his account does not make the son its owner, because ownership arises only through one of the recognised causes of ownership listed by al-Zayla'i, al-Mawardi and Ibn al-Rif'a; at most the father entrusted the son with it during his lifetime, so if he died without transferring ownership it is part of the estate, and the rights of use are divided among the heirs according to their shares.
- Is ablution required for the remembrances after the prayer?
A question whether the remembrances after the obligatory prayer require ritual purity; Dar al-Ifta al-Misriyya answered that keeping ritual purity when reciting the remembrances that close the prayer is the most complete and recommended course, because of the greatness of remembrance after prayer and because the worshipper closes his prayer with it, so it befits him to be in a state of purity like those praying, but if he closes his prayer without purity it is valid and there is no blame, since purity is not a condition of remembrance. Dar al-Ifta set out the recommendation of remembrance after the prayers from the verses of al-Ahzab and al-Nisa, Abu al-Darda's hadith on the merit of remembrance and Thawban's hadith on the Prophet's seeking forgiveness three times after prayer; it explained that purity is not a condition of remembrance by the jurists' agreement, the closing remembrances being general remembrance that consensus allows to one in minor or major impurity, by Aisha's hadith that the Prophet remembered God at all his times, as Qadi Iyad explains, and by the statements of al-Kasani and al-Nawawi in al-Adhkar reporting consensus; purity is nonetheless recommended, by the hadith of al-Muhajir ibn Qunfudh that the Prophet did not return his greeting until he had performed ablution, saying he disliked to mention God except in a state of purity, as Ibn al-Malak explains, and because exalted remembrance befits purity, as al-Kasani says of the muezzin; the general permission is qualified for the state of relieving oneself and for a person in major impurity reciting the Qur'an, as al-Munawi says, and the dislike in the hadith means departure from what is best, as Ali al-Qari says.
- Leaving the mosque after hearing the unified call to prayer
A question about leaving the mosque after hearing the unified call to prayer, in which Dar al-Ifta al-Misriyya answered that the unified adhan, raised from a central mosque and broadcast to the other mosques, is permissible in sharia and counts as the adhan of every mosque the broadcast covers, so hearing it there carries the same consequence as hearing any adhan, namely preparing for prayer; leaving the mosque after it and before the iqama without an excuse is disliked, but leaving for an excuse or need, such as being the imam of another mosque or going to a lesson of knowledge, is allowed without dislike. Dar al-Ifta set out the merit of the adhan and the reward of muezzins, explained that its purpose is to announce the entry of the prayer time, and noted that the authorities in Egypt and elsewhere unified the adhan because of the number and closeness of mosques and the confusion and discrepancies that resulted; the Ministry of Endowments' scheme is a live adhan given by one muezzin after the time has entered and broadcast to the mosques, which is permissible because the purpose is achieved. It cited the report of Ibn Mas'ud relying on the neighbourhood's adhan and the report of Bukayr ibn al-Ashajj on nine mosques in Medina whose people heard Bilal's call, together with the statements of Ibn Nujaym, Ibn Qudama and al-Mardawi that one adhan suffices for a town, and required that the adhan be live rather than recorded, with regard for time differences, and that its organisation be left to the responsible authorities. It then set out the jurists' disagreement on leaving after the adhan without excuse, between dislike according to most Malikis, Shafi'is and some Hanbalis, and the Hanafis as prohibitive dislike, and prohibition according to the Hanbalis in the correct view and Ibn Hazm, with agreement that leaving for an excuse is allowed.
- The liability of a technician working in a repair shop
A question from the owner of a computer repair shop who asked a technician working for him to repair a customer's device; during the repair the internal control board and some other parts were damaged, causing large losses, and he asked who bears them. Dar al-Ifta al-Misriyya answered that the technician, in his relationship with the shop owner, is a private hireling, since he works exclusively for him during working hours, and his rule is that he is not liable for what is damaged in his hands except through transgression or negligence: if he departed from the established practices of the trade or was careless and took no precautions, he is liable to the shop owner for what was damaged, otherwise he bears no liability, and whether transgression or negligence occurred is referred to people of expertise. Dar al-Ifta characterised the transaction as a hire among three parties: the customer who hires, the shop owner who is a common hireling working for the public and liable by contract for customers' devices damaged by his own act or that of his workers, and the technician who is a private hireling liable only for transgression or negligence; it quoted al-Kasani, Ibn Maza, al-Mudawwana, al-Dardir, al-Ramli, Ibn Qudama and al-Buhuti on the private hireling's non-liability without transgression, and Ibn Shas, al-Mardawi and al-Ba'li on the common hireling's liability to the owner for what is damaged in the hands of his private hireling, explaining the difference by the fact that the common hireling is liable by the contract, not by the act of damage, as the Ottoman Majalla also states.
- Men wearing a gold-plated watch or glasses
A question about a man wearing a watch or glasses plated or gilded with gold; Dar al-Ifta al-Misriyya answered that there is no objection when the plating is mere colour with no trace of gold, or so slight that no gold would be recovered by removing it, but that wearing is forbidden when the gold is substantial, such as a thick layer, or when gold would be recovered if the item were melted down. Dar al-Ifta set out the prohibition of gold for men from Ali's hadith in Abu Dawud that silk and gold are forbidden to the men of the community and the hadith of Abu Musa al-Ash'ari, and the consensus reported by al-Nawawi forbidding gold rings for men; it noted that the text concerns pure gold or gold as the main material, and that the jurists differ on gilding according to their view of the reason for the prohibition: the Hanafis agree on permitting gilding from which nothing is recovered on exposure to fire and differ where something is recovered, as al-Kasani and Ibn Nujaym say; the Malikis forbid an item in which the gold equals or exceeds the base and dislike a smaller share, as al-Dardir and al-Dasuqi say; the Shafi'is in their sounder view and the Hanbalis permit a small amount from which nothing is recovered on exposure to fire and forbid what yields gold, since ostentation and the grieving of the poor are then present, as al-Khatib al-Shirbini and al-Buhuti say, together with Mu'awiya's hadith forbidding the wearing of gold except in small pieces and Ali al-Qari's explanation. The view chosen for the fatwa is that what would yield gold is forbidden, so as to avoid the disagreement, as al-Suyuti recommends.
- Moving the dead from the grave after burial out of necessity
A question on moving the dead from one grave to another out of necessity, in which Egypt's Dar al-Ifta answered that it is forbidden in principle but permitted for a necessity, need or recognised benefit. Dar al-Ifta answered that opening a grave and moving the dead is forbidden in principle, except for a necessity, need or legally recognised benefit that cannot be achieved without moving him. It required that the deceased be treated with respect in the move, that his body or what remains of it be preserved and covered, that he be carried gently, and that the competent official authorities permit it and their regulations be followed. It gave as examples the grounds jurists list for opening a grave: burial facing away from the qibla, without washing or shroud, or in usurped land; property dropped into the grave; danger of water damage to graves; or a public interest such as building a road.
- Naming a mosque after the person who paid for its building
A question from a person who paid for the building of a mosque and wishes to name it after himself; Dar al-Ifta al-Misriyya answered that giving mosques the names of people, whether the builder or others, as in commemorating a scholar, ruler or reformer or merely to distinguish one mosque from another, is permissible in sharia when the intention is good and there is no ostentation, with regard to the public interest, the absence of harm and prevailing custom, and on condition of referring to Egypt's Ministry of Endowments, the body responsible for mosques. Dar al-Ifta set out sharia's encouragement of building mosques from the verse of al-Tawba and the hadith on whoever builds a mosque for God; explained that names serve identification and distinction, not ostentation, as al-Tabari, al-Jassas, al-Samarqandi, Abu Ya'la and al-Amidi say; held that attributing a mosque to a person is an attribution of distinction, not ownership, citing al-Bukhari's chapter heading on whether one may say 'the mosque of such-and-such a clan' and the hadith of the mosque of Banu Zurayq, with the remarks of Ibn Battal and al-Nawawi; recalled that deeds are judged by intentions and al-Ghazali's warning against ostentation; read the verse of al-Jinn that mosques belong to God as meaning their dedication to His worship or an attribution of ownership, not a bar on naming, as Ibn al-Arabi and al-Jassas say; and required reference to the Ministry of Endowments, since a ruler's decision removes disagreement and the ruler may restrict the permissible, as al-Qarafi says.
- Running an internet café with video games
A question from a person intending to open, with a friend, an entertainment internet café offering video games, unrestricted internet, printing and fax, who had been told it is forbidden as idle play that distracts from prayer; Dar al-Ifta al-Misriyya answered that if the project is free of what sharia bars, such as games and websites that expose nakedness or invite vice, and the owners undertake not to help distract their customers from religious duties such as prayer, it is permissible and its profit lawful; but if it includes forbidden things, such as laxity over pornographic content or forbidden games, or causes customers to neglect their duties, it becomes forbidden and partnership in it is cooperation in sin, the test being content and purpose. Dar al-Ifta set out the tolerance of sharia and its balance between the needs of soul and body from the verse of al-Qasas and the hadith of Hanzala, 'an hour and an hour', held that play and recreation are permissible in principle unless joined to something forbidden, citing the verse of Yusuf, the hadith of the Abyssinians playing with their spears and Umar's saying 'teach your boys to swim', and Ibn al-Qass on the permissibility of children's games that are not among the forbidden pastimes, and noted that printing and fax services are permissible in themselves while the difficulty lies in the games and open internet. It then listed eight conditions for permissible recreation: that it not become a harmful addiction, not cause the neglect of God's rights, not involve gambling, not be joined to forbidden conduct such as depicting nakedness, not contain rituals contrary to Muslim belief, not lead to quarrel and violence, not be among the espionage games that are banned, and not cause the neglect of people's rights; and it said that providing forbidden material enables wrongdoing and shares in the sin.
- A sale with a condition of free maintenance for the product's expected life
A question from a seller of used household appliances whose customer stipulated maintenance of the devices he bought for their expected lifespan after the warranty had expired; Dar al-Ifta al-Misriyya answered that a buyer's stipulating that the seller maintain the devices throughout their known and agreed expected life, for a known consideration, is permissible in sharia and does not contradict the nature of the contract. Dar al-Ifta recalled the general conditions of contracts, namely capacity, consent, the absence of excessive uncertainty and freedom from forbidden conditions, citing the hadith that Muslims are bound by their conditions except one that forbids the lawful or permits the forbidden; it defined the expected life by the Consumer Protection Agency's decision 1/4 of 2022, and characterised the transaction as a sale with a condition, which the majority of Malikis, Shafi'is and Hanbalis allow so long as the condition does not contradict the contract or lead to uncertainty, quoting Ibn Rushd, al-Kharashi, al-Zurqani, al-Nawawi, Ibn Rajab and al-Hajjawi. To forestall dispute it required that the parts and work covered be specified, whether spare parts are included or only the cost of repair, and whether a known consideration is paid, on the strength of the rule that there is no harm and no reciprocating harm, and it referred to resolution 103 (6/11) of the Islamic Fiqh Academy, which treated maintenance stipulated on the seller for a known period as a permissible sale with a condition.
- Selling books that contain factual errors and religious violations
A question on selling books said to contain religious violations, which Egypt's Dar al-Ifta answered according to the purpose of the sale and the buyer. Dar al-Ifta answered that selling scholarly books is permitted when the seller owns them and they contain something of benefit. It said books that the competent scholarly committees have found to contain violations and errors, and have not licensed for publication, may be sold to scholars, specialists and students for study and refutation, or for pulping and recycling. Selling them to others for circulation and use of their contents it held to be forbidden, as helping falsehood, on the rule that means take the ruling of their ends.
- Selling goods close to expiry through price promotions
A question on selling goods close to their expiry date at a discount without telling buyers why, which Egypt's Dar al-Ifta permitted on conditions. Dar al-Ifta answered that this is permitted if the goods are sound, fit for consumption and free of anything harmful to the consumer's health, with the expiry date left printed on them, neither altered nor obscured. It said that if any of these conditions is missing the sale is forbidden and the buyer has the option to return the goods. It based this on the principle that sales are permissible so long as there is full mutual consent and no fraud or concealment, noting that the Malikis required the seller to disclose how old the goods are and how long he has held them.
- Subletting a rented flat to someone other than its owner
A question about a man who rented a residential flat and wished to let it to someone other than its owner; Dar al-Ifta al-Misriyya answered that a tenant may sublet the rented property without blame in sharia, provided the second lease causes no damage to the property, that the property is of a kind whose use does not vary from person to person, and that the second rent may exceed the first, though it is preferable that the tenant has added something to the property that justifies asking more, to avoid the disagreement of those jurists who require it; all of this is conditional on not breaching the agreement with the owner and on complying with the laws that govern the tenancy and their restrictions. Dar al-Ifta set out the legitimacy of leasing from the Qur'an, the Sunna and consensus, attributed the permissibility of a tenant's subletting to the majority of Hanafis, Malikis, Shafi'is and, on the sounder view, Hanbalis, and to a group of early jurists, and explained it by the tenant's having acquired ownership of the use through the first lease, so he may dispose of it, and by the analogy that a lease is like a sale and sold goods may be resold once taken into possession. It reported the Hanafi condition that where the second rent is higher the tenant must have improved the property, otherwise he gives the excess in charity, quoted al-Kasani, Ibn Maza, al-Hattab, al-Shirazi and al-Buhuti, and referred to article 593 of the Egyptian Civil Code and to article 18 of Law 136 of 1981, which allows the owner to seek eviction when a tenant under an old-rent contract sublets without express written permission.
- A tailor's liability for cloth spoiled in his hands
A question about a tailor who took a valuable piece of cloth to cut it into a garment of agreed specifications, made an error in the pattern measurements while cutting, and spoiled the cloth so that it was no longer fit for the garment; Dar al-Ifta al-Misriyya answered that what is spoiled in a tailor's hands while cutting and measuring is his liability in sharia, and that the rule is to compensate with cloth of the same specifications as the one he ruined, or, if a like cannot be obtained, with its value on the day of the damage. Dar al-Ifta explained that hiring a person for a known task is permissible without disagreement, distinguished the private hireling who works for one employer for a fixed period from the common hireling who takes work from the public, such as dyers, fullers and tailors, quoting the definitions of al-Samarqandi in Tuhfat al-Fuqaha and of the Ottoman Majalla, and ruled that the majority of jurists in the four schools hold the common hireling liable for what is spoiled by the work of his hands, because this serves the interests of both craftsmen and owners of goods, while leaving him unliable would open the way to the loss of people's property; it cited the report that Ali ibn Abi Talib used to hold fullers and goldsmiths liable, saying that nothing else would set people right, and quoted al-Sughdi, Ibn Shas, Qadi Abd al-Wahhab, al-Khatib al-Shirbini and al-Buhuti. It then explained that the rule in compensation is that fungibles are compensated with their like and non-fungibles with their value, moving to value only when a like cannot be had, as al-Izz ibn Abd al-Salam says, and that the value is reckoned on the day of the damage, as Ibn Nujaym and Ibn Hajar al-Haytami say.
- Transferring a land-allocation place for a premium
A question about a woman who reserved a plot of land with the authority of one of Egypt's new urban communities and paid the reservation deposit, then was offered by another person to take her place in the allocation in return for refunding what she had paid plus an extra sum known as an 'over'; Dar al-Ifta al-Misriyya answered that transferring the place and taking the money without going through the competent authority and before meeting its conditions is forbidden, because it circumvents the rules and infringes the right of the next person in line, while taking the premium is valid in sharia if it happens after the authority approves the transfer and the regulations are met, with both parties consenting. Dar al-Ifta explained that the city authority belongs to the New Urban Communities Authority, created by Law 59 of 1979, and quoted Cabinet Decree 2904 of 1995 forbidding disposal of the land within ten years of receipt without the written approval of the authority's head. It grounded the validity of a consensual transfer in the hadith that a Muslim's property is lawful only with his willing consent and in the default validity of contracts and conditions, and grounded the prohibition of the roundabout transfer in the prohibition of legal devices (hiyal), quoting Ibn Hazm, Ibn Qudama, al-Shatibi and al-Khattabi.
- Wiping only over the headscarf in ablution
A question about a woman who finds it hard at work to remove her headscarf for ablution and asks whether she may wipe over it instead of wiping her head; Dar al-Ifta al-Misriyya answered that the obligatory minimum in wiping the head is conveying moisture to any part of it, however small, even a single hair or part of one, which a woman can do by wiping the front of her head from under her scarf, so she should not be content with wiping over the scarf but should wipe the hair itself as far as she can; if she places her wet hand on the scarf and the moisture reaches the hair, that suffices and her ablution is valid. Dar al-Ifta set out the jurists' consensus that wiping the head is an essential element of ablution while they differ on the obligatory amount, that the fatwa follows the Shafi'i view that wiping part of the hair within the bounds of the head suffices, and that wiping only over the scarf does not make ablution valid according to the Hanafis, Malikis, Hanbalis in one report and a group of early scholars, because the commanded wiping is not achieved and because a scarf is not hard to remove, like a cap; the Shafi'is agree when the moisture does not reach the hair. It cited Aisha's practice of putting her hand under her wrap, then noted that the Hanbali school proper and Ibn Hazm allow wiping over the scarf on the strength of Bilal's hadith on wiping over the khuffs and the khimar and the practice of Umm Salama and al-Hasan, on condition that it is wound under the throat, worn in a state of full purity, and within the period allowed for wiping over khuffs.
- Withholding a diagnosis from a patient for his own good
A questioner says his sister's husband has cancer and that the doctor did not tell him his condition but told the questioner instead, fearing a rapid decline. Egypt's Dar al-Ifta, in a fatwa issued under Grand Mufti Nazir Ayyad, answered that the rule is to tell the patient, but where the doctor judges from experience that disclosure would bring a serious physical or psychological decline, he may withhold it; this is not blameworthy concealment but permitted indirection to the extent needed, provided only the patient is kept uninformed, the relatives who need to know are told so that his rights are protected, and no harm to others results.
- Ablution with chlorinated tap water
A questioner sometimes finds that tap water has an odd taste and a whitish colour and asks about making ablution with it. Egypt's Dar al-Ifta, in a fatwa issued under Grand Mufti Nazir Ayyad, answered that ablution with it is valid: a slight change of taste or colour from mixing with something pure does no harm so long as the water keeps its name, its thinness and its flow, and it has not been shown to be mixed with an impurity that alters its qualities.
- Paying zakat on an end-of-service gratuity
A question on zakat on an end-of-service gratuity, in which Egypt's Dar al-Ifta answered that zakat is due only after it is received, after which it either starts a new zakat year or joins savings that already have a running year. Dar al-Ifta answered that zakat does not attach to the gratuity until it is received, because ownership is not complete before then. It said that someone with no other savings starts a new zakat year from the date of receipt, while someone whose savings already have a running year adds the gratuity to them and pays on the whole at the end of that year, at one fortieth (2.5%), once the conditions are met. It defined the gratuity as a sum the worker earns under his contract or the regulations in recognition of his years of service, referring to article 172 of Egypt's Labour Law no. 14 of 2025.
BinBaz.org.sa 20 fatwas
- Acting on a weak hadith
A short question on acting upon a weak hadith. Ibn Baz answered that "weak" covers several grades: a report that is hasan with a good chain is acted upon, while a severely weak one is not, giving as examples of severe weakness a liar in the chain, a narrator of very poor memory, or a break in the chain.
- Saying 'by the blessing of so-and-so' or 'by the blessing of the Qur'an' in supplication
A question about the ruling on saying in supplication 'O God, grant me this matter by the blessing of so-and-so, or by the blessing of the Qur'an', in which Ibn Baz answered that if so-and-so had a part in bringing the matter about, or could have had one, there is no harm, as in 'O God, ease my affair by the blessing of so-and-so' or 'O God, settle my debt through so-and-so', meaning through his agency; but where the person had no part in it, the statement is a falsehood. He said that saying 'O God, forgive me by my reading of the Qur'an, my knowledge of it, my recitation of it or my memorisation of it' does no harm, because the Qur'an is God's speech, so this is seeking a means through God's speech.
- Bathing and ablution in standing ponds
A questioner from the countryside describes a pond whose water stands for months, in which people bathe from major impurity and some make ablution. Ibn Baz answered that a wide pond with plentiful water stays pure so long as no impurity has changed its taste, colour or smell, but he ruled out bathing in it from major impurity, urinating in it or cleaning oneself in it, citing the prohibition on bathing in standing water, and advised drawing the water out and purifying oneself outside the pond so as not to foul it for others.
- Donating to non-Muslim children in need
A reader's objection to an earlier fatwa by Ibn Baz in the magazine al-Da'wa permitting donations to the children of the world whatever their nationality or religion, provided their state is not hostile; the questioner argued that such donations harm Islam because there is no guarantee the money reaches the children and because it relieves non-Muslim states that are hostile to Muslims. Ibn Baz answered that what was meant is the weak who are shown kindness, such as children gathered up from the aftermath of wars, when a trustworthy party handles the aid, to rescue children who bear no guilt and who are not the children of those at war with Muslims but of people under safe conduct, treaty or truce. He argued that the Prophet permitted giving to non-Muslims who were not combatants and allowed Asma bint Abi Bakr to give to her non-Muslim mother from her wealth, and cited the verse of al-Mumtahana that God does not forbid kindness to those who have not fought the Muslims. He said that the weak among children, women and others, even if they are polytheists, when they are under safe conduct or treaty or are weak refugees, may be shown kindness without objection, but that the weak among Muslims have the greater claim; if there is enough for both, there is no harm.
- Washing and praying over one who took his own life
A question on washing and praying over a person who took his own life, in which Ibn Baz answered that he is washed, prayed over and buried among the Muslims. Ibn Baz answered that he is washed, shrouded, prayed over and buried among the Muslims, because killing oneself is a sin, not unbelief. He held that it is good for the ruler, the judge, the governor of the town or others of standing to refrain from leading his funeral prayer, as a public disavowal of the act, so that no one thinks they approve of it. He said that other Muslims still pray over him.
- Does the reward of Qur'an recitation reach the dead?
A question on gifting the reward of Qur'an recitation to the dead, in which Ibn Baz set out the disagreement and held that it is better left, in favour of charity and supplication. Ibn Baz said the question is disputed: most scholars hold that the reward arrives, while others say neither the Prophet nor the Companions are reported to have done it. He held that it is better to leave it, with each person reciting for himself, and that charity on behalf of the dead and supplication for them benefit them by the consensus of Muslims. He added that fasts a person neglected after recovering from illness are fasted on his behalf after his death, and an obligatory or vowed pilgrimage is performed for him, but praying on behalf of the dead has no basis.
- Is semen ritually pure or impure?
A question whether semen is ritually pure or impure, and whether rubbing it off suffices when dry and washing when wet; Ibn Baz answered that on the correct view semen is pure, being the origin of the human being, citing Aisha's statement that the Prophet sometimes washed it and sometimes rubbed it off, and that she used to scrape it dry from his garment, which shows its purity, since had it been impure it would have had to be washed rather than merely scraped and cleaned without water; and because the human being is pure, his origin in earth is pure, and so semen, which comes after, is pure.
- Catching the imam in the last unit of the sunset prayer
A question from a worshipper who joined the imam in the last unit of the sunset prayer and sat with him for the final sitting, asking how to complete his prayer; Ibn Baz answered that after the imam's closing salutation he performs a second unit, then sits after it for the first sitting, then rises and performs a third unit reciting al-Fatiha, before the final sitting and salutation.
- Being married to a woman and her maternal cousin at the same time
A question from a man with three wives who wishes to marry a fourth, the maternal cousin of one of them, with both women's consent; Ibn Baz answered that there is no harm in being married at once to a wife and her maternal or paternal cousin, nor in combining two paternal cousins, two maternal cousins or the daughters of two aunts, and that what is forbidden is combining two sisters, by the text of the verse of al-Nisa, and combining a woman with her paternal or maternal aunt, or with her brother's or sister's daughter, since the Prophet forbade this, saying the younger is not married over the elder nor the elder over the younger. He explained that the prohibition covers aunts even at a distance: a woman may not be combined with her father's or mother's paternal aunt, or her grandfather's or grandmother's, nor with her mother's, father's or grandmother's maternal aunt, because the maternal aunt of her father or mother counts as her own.
- Mourning for an elderly widow, and jewellery that is hard to remove
A question on whether mourning applies to an elderly widow and on removing jewellery that is hard to take off, in which Ibn Baz answered that mourning applies to all and the jewellery is removed. Ibn Baz answered that mourning applies to the young and the elderly alike, and to a wife whether or not the marriage was consummated. He distinguished the widow from the divorcee: a woman whose husband dies after the contract but before consummation owes the waiting period and mourning and inherits from him, whereas a woman divorced before consummation owes no waiting period. He said the jewellery is removed, and a bracelet that has grown tight on the wrist is cut off rather than left on.
- The opening supplication in the funeral prayer
A question whether the opening supplication (du'a al-istiftah) is obligatory in the prayer over the dead, in which Ibn Baz answered that the funeral prayer is a lightened prayer, and that the scholars have said there is no opening supplication in it: the worshipper begins with seeking refuge and the basmala and recites al-Fatiha, because it is a prayer in which haste with the dead is sought, so it is better that there be no opening supplication, and this is what is stated by the people of knowledge. He noted that some scholars hold that there is an opening supplication in it, but that the closer view in his judgement is that there is none, because it is a lightened prayer with neither bowing nor prostration.
- A person in retreat (i'tikaf) visiting the sick and attending funerals
A question whether a person in retreat (i'tikaf) may visit the sick and attend a funeral, some scholars having said this is allowed only if he stipulated it before beginning the retreat; Ibn Baz answered that if the sick person is in the mosque there is no harm in visiting him, and likewise praying the funeral prayer in the mosque, but otherwise he should not go out, since the Sunna for the person in retreat is not to visit the sick or attend a funeral unless it takes place in his mosque.
- Recycled sewage water
A hospital worker whose gardens are watered with recycled sewage asks about its spray and about the fruit of trees irrigated with it. Ibn Baz answered that once it has been fully treated so that the colour, taste and smell of impurity are gone, it takes the ruling of purity: its spray does not harm and the fruit of what it waters is acceptable; but if traces of impurity remain it is not to be used for irrigation or anything else and should be diverted where it harms no one.
- Repeating the funeral prayer
A question on repeating the funeral prayer, in which Ibn Baz answered that there is no harm in it when one comes upon a group praying over the deceased. Ibn Baz answered that if someone has prayed over the deceased and then comes upon people praying over him at the grave and joins them, there is no harm in it. He compared it to repeating an obligatory prayer, as when someone who has already prayed comes to another mosque for some need or to attend a lesson while the people are praying, and prays with them. He said repeating for a legitimate reason is acceptable.
- Saying 'you helped me with this after God'
A question whether one may say to a person 'it was you who helped me with such-and-such after God', in which Ibn Baz answered that there is no harm in it, nor in saying 'were it not for God and then you', 'this is from God and then from you', or 'you helped me after God with such-and-such'; what is not permitted is joining with the conjunction 'and', as in 'were it not for God and you', 'this is from God and you', or 'what God wills and you', since it is this 'and' that is impermissible, whereas 'then' and 'after' are unobjectionable.
- Students standing up when the teacher enters
A question from a middle-school teacher whose pupils stand up for him out of respect when he enters the classroom without his asking them to, which he dislikes; Ibn Baz answered that standing up for a person who enters, by way of honouring him, is something the Sunna forbids: the Companions did not stand for the Prophet because they knew he disliked it, and the Prophet said that whoever likes people to stand up for him should take his seat in the Fire; so the pupils must not stand but keep their places and greet him, this kind of standing being at the least strongly disliked, and the teacher may neither like it nor order it, but must admonish and forbid them sincerely, for when they see he means it they will sit; the Ministry of Education and the General Presidency for Education should instruct schools accordingly, for boys and girls alike. He distinguished this from rising to meet and shake hands with the person, to seat him in one's place or to walk him out, which is unobjectionable, citing Talha ibn Ubaydallah rising to Ka'b ibn Malik when God accepted his repentance in the Prophet's presence, the Prophet's words to the Ansar 'stand up for your chief' when Sa'd ibn Mu'adh arrived, and Fatima rising to her father and he to her. He answered those who call the standing a way of alerting pupils that this is a satanic pretext, since his greeting alerts them, and advised one whose superior is angered by not being stood for to explain to him that it is not allowed and that the Messenger disliked it.
- Impure water purified by scientific treatment
A question on impure water that has been recycled and filtered until its smell, colour and taste are like natural water. Ibn Baz distinguished between large and small quantities: a large quantity, two qullas or more, becomes purifying again once its change is removed, by treatment or otherwise; below two qullas the matter is disputed; and a very small quantity is not purified merely by losing the traits of impurity, citing the command to pour out a vessel a dog has drunk from.
- A wife intervening when her husband disciplines his children
A question about a wife's right to speak up to her husband when he disciplines his children, in which Ibn Baz answered that there is no harm in her intervening when the husband is excessive in discipline and lacks insight in it, but with wisdom and a good manner, not with harshness and severity nor in a way that leads him to leave her or insult her; it is better that she intervene when the children are not present, at another time, by way of advice and cooperation in good, unless the matter is so serious it cannot be borne, in which case she may intervene in their presence. When the discipline is sound and appropriate and does not exceed the limits, however, she should not intervene, since that would turn the children against him; rather she should support him, pray for him and encourage him, both in front of the children and in their absence.
- Women praying over the dead and following funerals
A question on women attending funerals, in which Ibn Baz distinguished praying over the deceased from following the bier to the cemetery. Ibn Baz answered that there is no harm in a woman praying over the deceased with the people, noting that women prayed over the Prophet's body. He said what they are barred from is following the deceased to the cemetery and visiting graves. He described their praying over the dead together with the people as legitimate.
- What is said on rising from bowing
A question on which wording is best after rising from bowing. Ibn Baz answered that all four wordings are reported: "Rabbana laka l-hamd", "Rabbana wa-laka l-hamd", "Allahumma rabbana laka l-hamd" and "Allahumma rabbana wa-laka l-hamd"; alternating between them is good, and there is latitude here for the imam and the one praying alone.
IslamWeb fatwa centre (islamweb.net) 14 fatwas
- Working in booking hotel rooms for attendees of various conferences
A question from an executive employee whose job is to research conferences held in various countries and find cheaper hotel rates for attendees, passing the information up to his superior; some conferences may concern forbidden matters such as alcohol-industry conferences or fashion shows, and some hotels have casinos or bars, though he books only rooms. The fatwa centre of IslamWeb answered that researching hotel prices and booking rooms for conference attendees is permissible work, being intermediation and guidance to a permissible benefit, the renting of lodgings, so the salary earned is lawful; but where it is known or strongly suspected that a conference's subject is forbidden, booking hotels for its attendees is facilitation of and assistance in the forbidden, prohibited in the verse of al-Ma'ida; for conferences whose subject is permissible or unknown there is no blame in booking for their attendees and no duty to investigate, nor is this barred by the presence of wrongdoing in those hotels, since the contract concerns the benefit of lodging. It ruled that he may continue in the work while avoiding assistance to forbidden conferences, and if his manager orders him to book for a conference he knows or strongly suspects to be forbidden he should decline, since no created being is obeyed in disobedience to the Creator; his salary is not judged forbidden so long as most of his work is permissible, and as a precaution he should give in charity a share of his salary matching the time he spent booking for forbidden conferences in the past, to clear his conscience.
- What to do with cashback earned on a riba-based credit card
A question from an engineer living in a Western country who took out an American Express credit card to raise his credit score before learning that signing its contract is impermissible because of the riba-based penalties on late payment; he always paid on time, stopped using the card when he learned the ruling, and the company then paid him a cashback reward for his earlier use. The fatwa centre of IslamWeb answered that he may not benefit from this cashback, because the issuing bank grants it for use of the forbidden card, so it is a conditional reward tied to the void contractual relationship and not an unconditional gift, and it takes on the same prohibition; forbidden benefits may not be exchanged for consideration. It quoted al-Qarafi in al-Dhakhira that forbidden benefits are not matched by consideration, and Ibn Aqil in Kitab al-Funun that Ahmad's school forbids the price of every forbidden thing, arguing from the hadith that when God forbids a thing He forbids its price. It required him to dispose of the money by spending it on the interests of Muslims and giving it to the poor and needy, and said that keeping and using the card is not permitted unless he needs it and finds no alternative free of sharia objections.
- Showing joy at a wedding with the daff, without extravagance
A question from a fiancé whose fiancée wants a lawful, unmixed wedding in a hall with the daff and songs and no instruments, where the custom at women's weddings is not to observe modest dress and backbiting is common; he asked who bears the sin of such violations if they warn the guests about dress and backbiting, and feared that spending on the celebration might be misusing the provision God had given him. The fatwa centre of IslamWeb answered that there is no blame in holding the celebration in the hall and no harm in some entertainment and beating the daff, citing the hadith 'announce this marriage', the hadith that what separates the lawful from the unlawful is the daff and the voice at a wedding, the report that entertainment at weddings was permitted, Aisha's hadith 'was there no entertainment with you, for the Ansar love entertainment', and Ahmad's statement, as quoted by Ibn Qudama, that it is recommended to make a marriage public and beat the daff for it and that there is no harm in verse at a wedding. It ruled that those who backbite or commit violations bring nothing upon the questioner if he does not approve and has warned and forbidden them, quoting Ibn Taymiyya on the difference between one who hears wrong while passing by and one who sits listening without objecting, and the saying that whoever witnesses a sin and hates it is as one absent from it. It advised avoiding affectation, extravagance and excess, citing the verses on squandering and extravagance, Umar's words 'we were forbidden affectation' and Salman's hadith forbidding excessive trouble for a guest, and reducing costs that lead to debt.
- Delaying payment in a currency exchange
A question on whether a money-changer may defer handing over the sum after an exchange. The IslamWeb fatwa centre answered that when one currency is sold for another both must be handed over in the same sitting, citing the hand-to-hand hadith in Muslim's collection; delaying receipt of either counter-value, or any part of it, beyond the sitting is not permitted because it is a form of riba al-nasi'a, and it referred to further fatwas on riba al-nasi'a and riba al-fadl.
- Dreaming that one has uttered blasphemy
A practising questioner dreamt that he had cursed God, a few days after overhearing someone do so in a phone call, and asks what the ruling is. The IslamWeb fatwa centre answered that he is not held to account for anything he sees himself saying or doing in a dream, because the sleeper is free of legal responsibility until he wakes, citing the hadith that the pen is lifted from three.
- Testifying that a man was the deceased's son so he could inherit, then learning he was adopted
A question from a man who testified before a judge that a certain person was the son of a deceased man so that he could inherit, when the person was in fact adopted and registered in the family record as a son because the deceased could not have children; the questioner had earlier believed him to be a real son, then regretted it and asked whether this was false testimony and whether he owes an expiation. The fatwa centre of IslamWeb answered that false testimony is testimony contrary to the truth and among the gravest of major sins by the hadith of Abu Bakra in Sahih al-Bukhari, and that its criterion according to Ibn Hajar is describing a thing contrary to what it is; so if at the time of his testimony he testified contrary to what he knew, he gave false testimony and must hasten to repent and seek forgiveness, and part of his repentance is to go to the court where he testified and declare his testimony void and that the person he testified for has no blood relationship with the deceased, as al-Iqna fi Hall Alfaz Abi Shuja states that repentance from a verbal sin is by speech, saying of false testimony 'my testimony is void and I regret it', together with restoring what was wrongfully taken from a person; and that this testimony may have many harmful consequences, since the person would inherit another's wealth and be attached to a particular family, so he should hasten to set right what he spoiled.
- Joining the imam for the last rak'a of the sunset prayer
A question about someone who prayed the last rak'a of the sunset prayer with the imam. The IslamWeb fatwa centre answered that if he caught the bowing he has caught one rak'a and has two left; if he joined after the third bowing, in prostration or the final tashahhud, he completes with the imam and then prays three rak'as after the imam's closing salutation; the different shape of the made-up prayer does no harm, and he gains the reward of congregation, though less than one who joined from the start.
- Joining two prayers because of the symptoms of a medical test
A question from a patient about to undergo a small-intestine bacterial overgrowth test, in which he is given a sugar solution that may cause diarrhoea, cramps and gas for hours or a whole day; he asked whether it is established that the Prophet joined two prayers in reality and whether he may join them because of these symptoms. The fatwa centre of IslamWeb answered that it is established in Sahih Muslim from Ibn Abbas that the Prophet joined the noon and afternoon prayers and the sunset and night prayers in Medina without fear or rain, so as not to burden his community; some scholars read this as an apparent joining, but a number of careful scholars held it to be a real joining for illness or need, as al-Nawawi reports from Ahmad, Qadi Husayn, al-Khattabi, al-Mutawalli and al-Ruyani, and a group of imams allowed joining when resident for a need, for one who does not make it a habit. It ruled that the questioner may join the noon and afternoon prayers, and the sunset and night prayers, by advancing or delaying as is easier for his condition, to ward off the hardship of acute diarrhoea, recurrent gas and the burden of cleansing and ablution for each prayer; that medical treatment and tests are legitimate and he need not forgo the test; and that if the symptoms last through the whole time of the two prayers he is treated like those with a permanent excuse, such as urinary incontinence, so he purifies himself, performs ablution and prays the two prayers joined, unharmed by what leaves his body, quoting al-Buhuti in Kashshaf al-Qina' on the permission for a woman with chronic bleeding and those like her to join prayers on the strength of the hadith of Hamna.
- Rules for a male doctor examining and touching female patients
A question about working in a medical profession that requires touching women without desire for the purpose of diagnosis, where female staff exist but the doctor cannot refuse to examine female patients because of the law in a Western country or the embarrassment and hardship of doing so in a Muslim country; the fatwa centre of IslamWeb answered that the default is that a woman treats a woman and a man treats a man, that this default is departed from only for necessity or need, and that fear of death is not always required, ordinary medical need being enough, because the prohibition of looking and touching during treatment is a prohibition of means to block a path to harm, and what is forbidden in that way becomes permitted for a preponderant interest. It quoted this from Ibn Taymiyya in Majmu' al-Fatawa and Ibn al-Qayyim in Rawdat al-Muhibbin. It ruled that if the questioner needs this work and cannot refer the patient to a female doctor because of the hospital's rules, or would be harmed by refusing, there is no blame on him in examining women, while observing the rules: using a barrier during examination and touching, not touching the skin directly unless diagnosis through a barrier is impossible, confining looking and touching to the place the diagnosis requires, and avoiding unlawful seclusion; it quoted al-Buhuti in Kashshaf al-Qina' that a doctor may look at and touch what need requires, in the presence of a mahram or husband.
- Medical experiments on human beings
A question on whether medical experiments on human beings are permitted and what their limits are. The IslamWeb fatwa centre's answer addressed the dissection of the dead: the sanctity of a Muslim remains after death, and he is owed washing, shrouding, the funeral prayer and burial; dissection is permitted only for a recognised benefit or a necessity, and only to that extent; it cited parallels from the early jurists, among them the Hanafi and Shafi'i view, with others, that a dead woman's abdomen may be opened to deliver a foetus whose life is hoped for.
- The merit of keeping the regular sunna prayers
A question on the merit of the regular sunna prayers. The IslamWeb fatwa centre answered that their merit is great, citing the hadith of Umm Habiba in Muslim's collection that whoever prays twelve voluntary rak'as each day will have a house built in Paradise, and al-Tirmidhi's version that lists them: four before the noon prayer and two after it, two after the sunset prayer, two after the night prayer and two before the dawn prayer, then gave what is reported on the merit of particular ones.
- Does a promise to give charity on getting a job count as a vow, and what if one is unsure?
A question from a man who, in great distress, prayed to God promising that if he were accepted for a job he would give twenty per cent of his salary in charity and raise the share as his salary rose; he cannot be sure whether he used the word 'vow', was accepted, forgot what he had said for about three years while keeping up a monthly charity, then feared it might have been a vow and was terrified by the verse on breaking a promise to God. The fatwa centre of IslamWeb answered that saying 'I promise You, Lord, that if I get a job I will give such-and-such in charity' is not by itself a vow, because a vow is concluded only by a wording that conveys commitment, and a mere promise becomes a vow only when accompanied by an intention, in which case it is an allusive form, and a vow is concluded by allusive wording on the correct view, quoting al-Khatib al-Shirbini in Mughni al-Muhtaj and al-Ramli in Nihayat al-Muhtaj. It ruled that where he is in doubt whether he uttered the word 'vow' or had the intention at the time of the promise, the default is that he did not, so nothing is binding on him, relying on the principle of presuming the original state and the freedom of one's obligations as set out by al-Izz ibn Abd al-Salam in Qawa'id al-Ahkam; if he becomes certain that he vowed in express words or by allusion with intention, he must fulfil it, what he has already given with the intention of fulfilling the vow counts, and he completes the rest, because a vow must be fulfilled and may not be released except through complete inability, according to the hadith that whoever vows to obey God should obey Him.
- Repaying a wife's gold sold at her husband's request: by weight or by value?
A question from a wife whose dower, fixed in dinars, was spent on gold for her according to her country's custom; her husband later asked her to sell part of it for a need, promising to return it, and she sold the rest of her own accord to finish building their house on the understanding that he would return it too; the price of gold has since multiplied, so she asked whether she recovers the dower's value in dinars or the value of the gold, whether the engagement gift counts as part of the dower, and whether the husband must pay for her medical treatment. The fatwa centre of IslamWeb answered that if the husband borrowed the gold itself from her and then had it sold, it is a debt he owes and he must return its like, not its value, whatever the change in its price, because debts are repaid in kind, as the Islamic Fiqh Academy resolved in Kuwait in 1988, unless the two agree on payment of its value, which is then assessed on the day of payment according to the hadith of Ibn Umar; the dinars in which the dower was named are irrelevant, since they were exchanged for gold that became her property. If instead she sold the gold herself and lent him the cash, the debt is the sum of money, with no regard to its gold value, as the Fiqh Encyclopaedia states. As for the engagement gift, whether counted as part of the dower or as a separate gift, it becomes the wife's sole property once the marriage is contracted and consummated, and if sold for the husband's need with a promise of return it is a debt like the rest of the gold. On the husband's bearing the cost of his wife's treatment, the centre noted a difference of opinion and referred to an earlier fatwa in which it said the view that it is obligatory on him is well founded in this age.
- Which facial hair counts as the beard, and the rules for trimming it
A question from a young man whose beard has not yet grown in fully, only the sideburn hair reaching an inch or two below the ear, asking whether this hair counts as the beard and is subject to its rulings, and how much he may trim given his uneven appearance; the fatwa centre of IslamWeb answered by distinguishing the kinds of hair: the temple hair level with the top of the ear belongs to the hair of the head, not the beard, so there is no harm in shaving or trimming it, while the hair level with the ear canal and the hair below it on the cheek belong to the beard, quoting al-Buhuti's definition of the bounds of the face, the cheek hair and the temple, and Ibn Hajar al-Haytami in al-Tuhfa that what descends from the temple towards the beard is cheek hair with the beard's ruling, and that the beard is the hair growing on the chin together with the cheek hair. It ruled that hair level with the top of the ear may be trimmed and shaved, whereas the hair of the cheeks and what is level with the ear canal belongs to the beard, which on the stronger view must be left to grow and may not be shaved, though taking from it to improve one's appearance is unobjectionable; the permissible amount is what achieves the purpose of removing the harm of an ugly appearance, since harm is to be removed, and if he bears with it and leaves it untrimmed, that is good.
Fatawa A'immat al-Muslimin bi-Qat' Lisan al-Mubtadi'in 12 fatwas
- Fatawa A'immat al-Muslimin bi-Qat' Lisan al-Mubtadi'in
A fatwa collection by Mahmud Khattab al-Subki opposing popular innovations at funerals, celebrations and the mawlid, with replies from Al-Azhar scholars, including a ruling on mocking religious rites.
- Fatwa on acclaiming, raising the voice at funerals and the adhan
A question on acclaiming before the preacher, raising the voice with the Qur'an or the Burda at funerals, and the adhan inside the mosque: sunna or innovation? The Al-Azhar answer calls them all innovations, says those able should prevent them, and holds that no one may prefer innovation to the sunna.
- Fatwa on mocking rites at religious gatherings
A question on acclaiming the dead and raising voices at funerals, and on gatherings that mock the Qur'an, angels and prayer; the Al-Azhar answer calls them innovations and holds that such mockery takes its doer out of religion.
- Fatwa on spending money on instruments of entertainment and mixed gatherings
Question on spending money on instruments of entertainment, mixing of men and women there, helping to fund it, and attending it. The answer: those able must stop it, a Muslim may not attend, since this is helping in wrongdoing, which is forbidden by consensus.
- Fatwa on reciting the Qur'an at graves and walking over them in shoes
Question on reciting the Qur'an at graves with the intent of asking, and on walking in shoes or sitting on graves. The answer: reciting with that intent is forbidden without dispute; walking in shoes or sitting on graves is discouraged, since it disrespects the dead and goes against the Prophet's prohibition.
- Fatwa on the food prepared by the family of the deceased at mourning gatherings
Question on the food the bereaved family prepares for mourning gatherings, to which people gather. The answer: a disliked innovation when there are no minor heirs; if there are minors among the heirs it is forbidden, and so is eating from it.
- Fatwa on the word «ah» used as a divine name
A question on a Sufi group that repeats the sound «ah» as a divine name and calls it the name of the chest. The answer: God's names are fixed by revelation, and «ah» is a meaningless sound in Arabic beyond expressing pain, so it cannot be used as a name of God.
- Fatwa on distorting the divine name in group dhikr
A question on a group that distorts the divine name and the formula of tawhid in dhikr circles by stretching, thickening and adding letters; the Al-Azhar answer calls it sinful and deserving of discipline, and holds that whoever approves of it takes the same ruling.
- رفع الصوت بالذكر في تشييع الجنازة
Answer explaining that raised, organised group chanting at funerals is an innovation contrary to the sunna; silence and reflection are what is required, as the early generations understood, since the procession is meant for humility and reflection on death.
- الجهر بقراءة سورة الكهف يوم الجمعة والذكر في المساجد
Question on reciting Surat al-Kahf aloud on Friday while people pray and recite, and on loud litanies in mosques. The answer: on Maliki doctrine it is disliked unless it causes disturbance.
- الترقية بين يدي الخطيب والأذان داخل المسجد
Question on acclaiming before the preacher and adhan inside the mosque: sunna or innovation? The answer cites the Hanafi view that it is reprehensible, and that the adhan was set for a fixed purpose and should not be extended into disturbance.
- ما حكم شرب الدخان
Question on the ruling on smoking tobacco. The answer: physicians agree it is harmful, harmful substances are forbidden, and most scholars explicitly ruled it unlawful.
IslamQA (islamqa.info) 7 fatwas
- A brother advising his sister who does not wear hijab
A brother says his adult sister does not wear hijab, that their father, who runs the household, wants it so and has mistreated him for advising her, and asks whether he is sinning and how to deal with her. IslamQA answered that a brother does not bear sin merely because his adult sister goes uncovered, provided he has given the advice he is able to give; he should call her with wisdom and gentleness, attend to strengthening her faith and correcting her ideas, and keep up his ties with her rather than cutting them.
- May one ask artificial intelligence for a fatwa?
A question about turning to artificial-intelligence applications for answers on sharia matters and relying on their rulings, in which IslamQA answered that artificial intelligence is a permissible tool in principle, but that it may not be asked for fatwas nor relied upon in religious matters, because it lacks the qualifications of a mufti, namely understanding of the religion and of reality and the other conditions set out by al-Shafi'i and Ibn al-Qayyim, and because its answers are generated automatically from data that may be of unknown origin, mistaken or fabricated, may carry the biases of its trainers, and do not account for the way discretionary rulings change with custom and circumstance. The site distinguished artificial intelligence from fatwa websites, where real people answer, and said that a scholarly researcher may use it to gather material, find sources, summarise and understand reality provided every quotation is verified, and that a layman may use it to get a general idea or to ask for links to fatwas he then consults himself, as a smart search engine, but may not act on a fatwa the system generates by itself. It set out two contemporary approaches, outright prohibition or a distinction between fixed rulings that apply equally to everyone, where its answers may be used under four conditions, and rulings built on custom and circumstance, where they may not; the site judged the prohibiting approach the stronger in the present state of the technology.
- Is there a book giving the most cautious view on disputed questions?
A questioner asks for a fiqh book that gives, for every disputed question, the evidence and the most cautious view that takes one out of the disagreement, not only the preferred view. IslamQA answered that acting on caution is not always meritorious or always required, and that it knows of no single book that gives the most cautious view on every question of fiqh, setting out a definition of caution and quotations from scholars on legitimate scrupulousness.
- Is eating bread without a condiment forbidden?
A question on whether any prohibition on eating bread without a condiment has come down. IslamQA answered that it found no established hadith on this, that the basic ruling is that bread may be eaten alone or with whatever condiment is at hand, and that no one need go to trouble to obtain one, noting that the Prophet ate as his people ate, from whatever was available.
- Wiping over nail gel used to stop compulsive skin-picking
A woman who has for years compulsively picked the skin around her nails, causing wounds and infections, finds that a layer of gel on the nails curbs it, and asks about keeping it on during ablution and the full bath. IslamQA answered that the rule is to remove whatever keeps water from the nails, but if the gel is needed to prevent this harm and no suitable alternative is available, it may be kept and wiped over, on the ruling for a splint, for as long as the need lasts, while she seeks treatment for the compulsion.
- Why invoking blessings on the Prophet is increased on Friday
A question on why Friday is singled out for invoking blessings on the Prophet. IslamQA answered that invoking blessings on him is prescribed at all times, and what is particular to Friday is the encouragement to do it often, because of the merit of the day and because, as reported in the sunna, the blessings are presented to him on that day in a special way; scholars have suggested further wisdoms, and the basis remains obedience whether or not the wisdom is grasped.
- Are the practices of natural disposition (sunan al-fitra) five or ten, and what are they?
A question about reconciling Abu Hurayra's hadith that the practices of natural disposition are five with Aisha's hadith that they are ten, and about listing them all with the ruling on each; IslamQA answered that the number in the hadith is not a limit and its implication is not binding, as al-Nawawi and Ibn Daqiq al-Id say; that Aisha's hadith is disputed as to whether it is traced to the Prophet, Ahmad, al-Nasa'i and al-Daraqutni having faulted it so that the preserved version is a saying of Talq ibn Habib, alongside the hadith of Ammar ibn Yasir in Ahmad and Abu Dawud; and that the practices mentioned in the hadiths total fifteen, as Ibn Hajar says: circumcision, shaving the pubic hair, trimming the nails, plucking the armpits, trimming the moustache, letting the beard grow, the tooth-stick, rinsing the mouth, sniffing water into the nose, expelling it, washing the finger joints, shaving the pubes, cleansing after relieving oneself, sprinkling water, and parting the hair. It then set out the ruling on each: circumcision is obligatory for men and an honour for women according to Ibn Qudama and Ibn Uthaymin, lapsing where death is feared; shaving the pubic hair, trimming the nails, plucking the armpits and trimming the moustache are agreed Sunna practices, though Ibn Hazm, Ibn al-Arabi and Ibn al-Qayyim held trimming obligatory; letting the beard grow is obligatory and shaving it forbidden according to the majority; the tooth-stick is Sunna by consensus; washing the finger joints is recommended; rinsing the mouth and sniffing water are obligatory in ablution according to the Hanbalis and Ibn Taymiyya; expelling the water is Sunna; cleansing after relieving oneself is obligatory according to the majority; sprinkling is recommended for one troubled by doubts; parting the hair is Sunna and better than letting it hang according to Ibn Abd al-Barr; and leaving these practices beyond forty days is disliked according to the Shafi'is and Hanbalis and forbidden according to the Hanafis, a view chosen by al-Shawkani and Ibn Baz.
International Islamic Fiqh Academy 6 fatwas
- IIFA resolution 260 (5/26) on digital (electronic) games: rulings and rules
A collective resolution of the International Islamic Fiqh Academy at its twenty-sixth session in Doha, which reaffirmed its earlier resolution 127 (1/14) on competition cards, defined digital games as interactive physical and mental activities through modern technology or a digital application, such as action, adventure, puzzle and electronic sports games, and resolved that the default for playing them is permissibility: they are allowed if they contain nothing forbidden, cause no harm to religion, life, mind, property or progeny, and do not lead to aggression against others or the neglect of duties; that producing and trading them is permitted when free of these harms, with the author's intellectual property right recognised; and that trading in game cards is permitted if they are prepaid and represent known benefits. It recommended issuing digital-education guides and enacting legislation that limits the games' risks, directing parents to supervise according to age group, holding media seminars on their benefits and harms, and guiding programmers to create beneficial and attractive alternatives.
- IIFA resolution 261 (6/26) on the effect of mental illness on legal capacity in Islamic law
A collective resolution of the International Islamic Fiqh Academy at its twenty-sixth session in Doha, which defined legal capacity (ahliyya) as a person's fitness to bear rights and duties and for his acts to be valid, of two kinds, capacity to bear obligations and capacity to act, the latter resting on the ability to understand the law by reason and to act on it by the body; and defined mental illnesses as clinically significant syndromes that affect a person's perception, behaviour or emotions and cause weakness or disturbance in his functioning. It resolved that the default is that an adult mentally ill person of full capacity is fully responsible for his acts unless an accredited competent authority establishes otherwise; that specialists divide mental illnesses into three kinds, those that remove capacity, those that diminish it and those that do not affect it; that the criterion is the degree of effect on perception, discernment, understanding and sound decision-making, a specialist matter entrusted to psychiatrists; that a patient loses the capacity to act when loss of the ability to perceive and discern or to control his acts is established, and has diminished capacity when that ability is diminished; and that the judiciary decides the loss or diminution. It recommended educational courses on mental illness for those working in the judiciary and in fatwa, and joint courses of physicians, jurists and judges to prepare joint specialist guides.
- IIFA resolution 262 (7/26) on sharia governance in Islamic financial institutions
A collective resolution of the International Islamic Fiqh Academy defining sharia governance in Islamic financial institutions and setting rules for it. The Academy reaffirmed its resolution 177 (3/19) on the role of sharia supervision in Islamic banks and the rules it laid down for ijtihad and fatwa in sharia boards. It defined sharia governance as a system of regulations, rules, policies and procedures that secures sharia compliance while balancing economic aims, compliance and institutional reputation, and called for a unified sharia reference for the Islamic finance industry. It resolved that institutions' management may hold no power that affects the independence of sharia board members; that boards, rating and audit bodies must follow the Academy's resolutions and avoid products it has barred; and that supervisory authorities must govern sukuk issues so that holders truly own the underlying assets and bear their consequences.
- IIFA resolution 264 (9/26) on feeding premature infants with milk from known and unknown donors
A collective resolution of the International Islamic Fiqh Academy on feeding premature infants with donated breast milk, weighing the infant's need against the rules of milk kinship. The Academy reaffirmed its resolution 6 (6/2) on milk banks, and defined suckling as a woman's milk reaching the stomach of a child in its first two years, whether from the breast or poured into the mouth or nose. It defined a premature infant as one born before the thirty-seventh week of pregnancy, and resolved that feeding a child is a duty on its family that is stronger still for a premature child because of its need, so the lawful means of feeding it must be attended to. It allowed donors to stipulate that no information about them be published, a condition that must be honoured; required companies making medicines from donor milk for premature infants to let the infants' families know who the donors are, to preserve the rules of kinship; called on the authorities to regulate milk donation; and recommended that health authorities encourage wet-nursing initiatives.
- IIFA resolution 265 (10/26) on cultivated meat
A collective resolution of the International Islamic Fiqh Academy permitting the consumption and marketing of cultivated meat under six conditions. The Academy reaffirmed its resolution 198 (4/21) on transformation, dilution and additives in food and medicine, and its resolution 94 (2/10) on human cloning. It defined cultivated meat as food made from cells usually taken from a living animal and grown in a laboratory over weeks with nutrients such as glucose, vitamins and salts, also called lab-grown or clean meat. It permitted consuming and marketing it on conditions: the cells come from an animal lawful to eat, either alive or ritually slaughtered; they are not grown in a forbidden medium such as spilled blood, and nothing forbidden such as pork gelatine is added; the whole process runs under a trusted specialist authority; the final product is fit to eat and harmless; it supplements animal meat rather than replacing it; and companies disclose the necessary information to consumers, with supervisory bodies checking compliance.
- IIFA resolution 266 (11/26) on genetically modified foods of animal origin
A collective resolution of the International Islamic Fiqh Academy permitting genetically modified foods of animal origin under three conditions. The Academy defined these foods as products taken from living animals whose genetic material has been altered by genetic engineering, by inserting genes from other animals or by deleting, modifying or rearranging genes. It noted that the aims of such modification are to make the animal more resistant to disease, improve its nutritional value, speed its growth or adapt it to particular environments. It permitted consuming them on conditions: the modification is done by safe methods that neither contravene the sharia nor harm health; it takes place between two animals that are lawful to eat; and the necessary information about the modified food and how it was produced is disclosed.