Articles

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 a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

How should the udhiyah be distributed?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is obligatory to give the poor a portion of the meat from a voluntary sacrifice (Udhiyah al-Tatawwu’), which should not be less than approximately half a kilogram of raw meat. Other parts do not suffice for this obligation, such as the liver, tripe, or intestines.
It is Sunnah for the one offering the sacrifice to divide it into thirds: one-third for himself and his household to eat, one-third to be given as charity to the poor, and one-third to be given as a gift to friends and neighbors, even if they are wealthy. And Allah the Almighty knows best.

What should one do if they see a fasting person eating or drinking forgetfully during Ramadan?

If someone sees a fasting person in Ramadan eating or drinking forgetfully, they should gently remind them to stop. Although the forgetful person is neither sinful nor has their fast broken, their action outwardly appears as something impermissible. Therefore, we should kindly remind them to refrain.

What is the ruling on someone who dies while having missed fasts?

● If a person dies before having the opportunity to make up the missed fasts—such as someone whose excuse (e.g., illness) persisted until their death—then no makeup fast (qada), fidyah, or sin applies to them.
● However, if they had the ability to make up the fasts but did not do so before passing away, the missed fasts must be compensated by giving a mudd of food for each missed day from their estate.
The Prophet ﷺ said: "Whoever dies while having a month’s fast due, one needy person should be fed per day on their behalf." [Narrated by At-Tirmidhi]
Additionally, a guardian (wali) may fast on their behalf, as the Prophet ﷺ said: "Whoever dies while having missed fasts, their guardian should fast on their behalf." [Narrated by Al-Bukhari and Muslim]
In another narration: "If they wish." This indicates that both feeding the needy and fasting on behalf of the deceased are permissible options.