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Resolutions of Iftaa' Board

Resolution No.(219): "Ruling on Sabi committed by (I.S)

Date Added : 21-12-2015

Resolution No.(219)(9/2015) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Sabi committed by (I.S)

Date: 24/Zolhijjah/1436 AH, corresponding to 8/10/2015.

On the above given date, the Board reviewed the question sent by Dr. Abdullah Al-Kurdi, Chairman of the Association of Muslim Scholars in Kurdistan-Iraq, and it reads as follows:

Your Grace is quite acquainted with the atrocities committed by the Islamic State (I.S) in the name of Islam, and one of these is Sabi (War prisoners, children and women only) where Christian and Yazidi girls and women are sold for a very low price, a handful of Dirhams, in public. This criminal act had negative repercussions on the Kurdish community.

As your Grace is a highly respected figure in the Muslim World, we deem necessary that you issue a Fatwa condemning Sabi and forbidding it so as for the Muslim World to become fully aware of the atrocities inflicted upon these victims in the name of Islam.

Islam hasn`t brought Sabi and slavery; rather, this social phenomenon was widespread in early nations for centuries. When Islam was manifested, it had to deal with a harsh reality, so it delivered rules and regulations to eradicate this phenomena on gradual basis, as is the wisdom of Islam in many of its legislations. Therefore, it provided useful and decisive solutions to end this problem from its very source.

As a result, Islamic Sharia has narrowed down the sources of slavery, forbade any act of aggression against free people, made freeing slaves one of the Zakah disbursement channels and among the righteous deeds by which  a Muslim pleases Allah and gets his sins erased from his record on the Day of Resurrection. Allah, The Exalted, Says (what means): "But he hath made no haste on the path that is steep. And what will explain to thee the path that is steep?- (It is:) freeing the bondman." {Al-Balad,11-13}. Islamic Sharia has also enabled slaves to free themselves through the system of "Mokatabah" i.e. concluding a contract of manumission. This is in addition to many other meticulous and wise legislations by which Islam was able to counter this phenomenon and bring it to a gradual end.

In conclusion, the criminal acts committed by this terrorist organization; namely, Sabi, enslavement and human trafficking, are impermissible and totally contradict the objectives and the provisions of Islamic Sharia; especially, since nations have agreed on abolishing this phenomenon and standing up to its various forms. Islam hasn`t brought slavery and Sabi; rather, it has brought manumission and freedom since absolute slavery is dedicated to Allah alone, as indicated by the famous saying of the Caliphate Umar Bin Al-Khattab (May Allah be pleased with him): "Since when did you enslave the people though they were born free." And Allah Knows Best.

 

The Grand Mufti of Jordan / His Eminence Sheikh AbdulKareem al-Khasawneh
Prof. Abdulnasser Abulbasal / Member
Dr. Yahia al-Botoosh / Member
Sheikh Sae`id Hijjawi / Member
Dr. Wasif al-Bakhri / Member
Prof. Mohammad al-Qhodat / Member
Dr. Mohammad Al-Khalayleh / Member
Dr. Mohammad Khair Al-Esa / Member
Dr. Mohammad  al-Z`obi / Member

 

 

 

 

 

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Summarized Fatawaa

Does collecting saliva and swallowing it break the fast?

Swallowing collected saliva does not break the fast, but it is an unnecessary and meaningless act.

What is the correct point at which to raise the hands when standing up for the third rak‘ah (after the middle tashahhud)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Raising the hands while saying the takbīr [when rising for the third rak‘ah] is a recommended sunnah, and omitting it does not affect the validity of the prayer. The proper time for this is after rising from the middle tashahhud, once one has fully stood up.
It is stated in I‘ānat aṭ-Ṭālibīn (Vol.1/P.158): "His statement, 'and rising from the first tashahhud' — meaning, this manner [of raising the hands] is also a sunnah when he rises from the first tashahhud, that is, when he stands upright from it.
Consider [the question]: when precisely does the raising of the hands begin? Is it at the very start of rising from the first tashahhud, or after he has reached the minimum position of rukū‘ [i.e., once fully upright]? The apparent, [correct] view is the latter — even though the outward wording [of the text] might suggest the former — because at the very start of his rising, he is still relying on both hands [to push himself up, and therefore cannot yet raise them]."
It is stated in ‘Umdat as-Sālik (p. 53): "If his prayer extends beyond two rak‘ahs, he sits after them in the iftirāsh position, recites the tashahhud, and sends blessings upon the Prophet ﷺ alone, without [mentioning] his family [at this point]. He then stands while saying the takbīr, supporting himself with his hands; and once he has stood upright, he raises them level with his shoulders." And Allah, the Exalted, knows best.

What is the ruling on someone who intends to travel to Jeddah for two days — must he enter iḥrām from his place of residence [i.e., before passing the mīqāt]?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey, it is unlawful for him to pass beyond his country's mīqāt (the designated boundary point for entering the state of iḥrām) without entering iḥrām. If he does so, he must return to the mīqāt to enter iḥrām from there, provided he has not yet begun performing the rites of the pilgrimage — in which case nothing further is required of him. However, if he does not return, he must offer a sacrifice (sheep/goat), to be distributed among the poor of the Ḥaram.
It is stated in at-Tanbīh fī al-Fiqh ash-Shāfi‘ī (p. 71): "Whoever, intending to perform the rites [of ‘Umrah or Ḥajj], passes beyond the mīqāt and enters iḥrām only after it, must offer a sacrifice. However, if he returns to the mīqāt before beginning any of the rites, the sacrifice is waived from him."
Accordingly: whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey must enter iḥrām at the mīqāt of his country through which he passes. Whoever fails to do so, passing beyond the mīqāt without entering iḥrām, and does not return, has sinned, and must repent to Allah, the Exalted; and he must offer a sacrifice, to be distributed among the poor of the Ḥaram. And Allah, the Exalted, knows best.

What is the ruling if hemorrhoid blood exits after completing ablution?

If this blood is exiting from outside the anus (due to the hemorrhoid protruding), it does not invalidate ablution, because blood exiting from the body from other than the two orifices does not invalidate ablution. If it exits from the anus (meaning from inside it), it invalidates ablution, and one must perform istinja' from it, wash the area of impurity, and repeat the ablution.
However, if this blood exits continuously such that no time remains sufficient for purification and prayer without it flowing, then it takes the ruling of urinary incontinence (sals al-bawl). One then cleanses from it after the time for each prayer enters, performs ablution immediately thereafter, and performs the obligatory prayer immediately. There is no liability upon him after that if something of it flows, and he may pray as many voluntary prayers as he wishes. If he wants to pray another obligatory prayer, he must cleanse himself and perform ablution. And Allah the Almighty knows best.

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