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Statement on Prohibiting the Violation of Honor
Author : The General Iftaa' Department
Date Added : 05-03-2014

Praise be to Allah, Peace and Blessings be upon the Seal of His messengers, Prophet Mohammad and upon his Family and companions.

Allah ,The Exalted, Said (What means): "Say: "My Lord forbids only indecencies, such of them as are apparent and such as are hidden, and sin, and wrongful insolence, and that you associate with God that for which He never revealed any warrant, and that you say concerning God that which you do not know'." [Al-A`raf/33].

The Islamic Sharia's, which was conveyed to the Master of all human beings,  Prophet Muhammad (PBUH), organizes societies and civilizations, spreads mercy and love among people, and fights all sorts of aggression for all such acts are not related to Islam.

 Amongst the main objectives (Maqasid) of Islamic Sharia are: protecting  honor and lineage as well as establishing the family on  sound bases  that are in line with Sharia rules which have made marriage a sacred bond and a binding covenant for establishing the family and protecting it from offence and corruption.

It is a major sin in Islam not to treat Muslims` honor and property as sacred; therefore, penalties have been laid down as a consequence both in the life of this world and the Hereafter. Any violation in this regard is unjust to society and self for Allah does not love those who are unjust.

It has plagued Muslims today that some of those who wear clothing of scholars have emerged and taken advantage of some of the modern means of communication to publicize some suspicious calls involving the manipulation of religious texts, and taking them out of their context to serve certain ends that are not in the best interest of the Muslim nation (Ummah). These calls distort the beautiful image of Islam and its noble purposes as well as spread disagreement among Muslims.

A reflection of the above is the unlawful calls, which propagate the establishment of families without relying on legitimate marriage contracts that are in tune with Sharia rulings. This is despite the fact that family affairs have been explained in Islamic Sharia with the minutest details.

The General Iftaa` Department  warns against invalid opinions that take the form of Fatawa, but ,actually, neither represent legal Fatawa nor religiously acceptable opinions .This is because they are not based on sound evidence, not delivered by qualified scholars and include evident erroneous rulings which contradict the objectives of Sharia's.

May Allah keep this country safe and secure along with the rest of the Muslim countries, and all praise be to Allah, The Lord of the Worlds.

 

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Summarized Fatawaa

What is the ruling of Islamic Law on the prayer of zawal?

 

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.
It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."
The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.
And Allah the Almighty knows best.

What is incumbent upon the one offering the sacrifice if, after slaughtering the animal, they discover that one of its internal organs is damaged or diseased?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The presence of disease or defect in the internal organs of a sheep does not affect the validity of the sacrificial animal, unless the disease leads to the animal becoming emaciated and its meat becoming corrupted.
 
It is stated in al-Iqnā' (2/590) by Imam al-Shirbīnī: "The third disqualifying condition: an animal with a manifest illness — meaning one whose illness visibly results in emaciation and corruption of its meat. However, if the illness is minor and does not produce such effects, it doesn`t affect the validity of the sacrificed animal." And Allah Almighty knows best.

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

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

Is it permissible for someone who is unable to fast to pay the fidyah (ransom/compensation payment) to himself, due to his own poverty?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not permissible, nor does it fulfill the obligation, for a sick person who is currently and permanently unable to fast to pay the fidyah (ransom/compensation payment) to himself, since it is a financial obligation owed by him, established as a standing debt upon him — much like any other debt he owes. If he were to pay it to himself, it would not thereby be discharged. So if he cannot find [anyone eligible to] pay it to, it remains a standing obligation upon him, and is not thereby waived. If Allah, the Mighty and Majestic, later grants him wealth, it becomes obligatory upon him to pay it out to the poor and needy.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "There is no difference in the obligation of the fidyah between the wealthy and the poor person; its benefit lies in its remaining established as a standing debt upon the poor person [until he is able to pay it] — and this is the more correct position (al-aṣaḥḥ), as indicated by the wording of ar-Rawḍah and its source text." [Mughnī al-Muḥtāj, Vol.2/P.174]
Accordingly: it is not permissible for a Muslim to pay the fidyah to himself while he remains poor. If the sick person is poor, he is not obligated to pay the fidyah immediately, and it remains a standing debt upon him until a time when he has sufficient means and wealth. And Allah, the Exalted, knows best.

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