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A Statement on: Calling for the Preservation of Brotherly Ties and the Rejection of Conflict and Disagreement
Author : The General Iftaa' Department
Date Added : 03-04-2014

A Statement on: Calling for the preservation of Brotherly Ties and Rejection of Conflict and Disagreement 

 

All praise is due to Allah, The Lord of the Worlds, peace and blessings be upon Prophet Mohammad and upon all his family and companions and all those who have followed in his footsteps until the Day of Resurrection:

 

Dear fellow believers!

 

Allah has warned us in the Glorious Quran against disagreement and conflict leading to failure, He Said (What means): "And obey God and His Messenger, and do not quarrel with one another, lest you falter and your strength fade; and be patient. Surely God is with the patient." [Al-Anfal/46].

 

Reprehensible disagreement and conflict lead to exchanging accusations, arousing sectarianism and widening disunity within the Muslim nation. This results in failures and weaknesses, and hinders society from progress and prosperity for all of these negative aspects are tantamount to corruption that is denied by any reasonable person.

 

Allah has urged the Muslim community to hold together and to cooperate just like one body; when one of the limbs suffers, the whole body responds to it with wakefulness and fever. Therefore, He warned against disagreements that end with quarrel and division, and commanded holding fast to His solid bond for He , The Most Exalted, Said (What means): "And hold fast to God's bond, together, and do not scatter; remember God's grace upon you when you were enemies, and He brought your hearts together so that by His grace you became brothers..." [Al-Imran/103].

 

When Muslims complied with this heavenly guidance, their hearts were brought together against all enemies, and whenever the enemies tried to scatter them, they remembered the Prophet`s saying: "Do not (become infidels) revert to disbelief after me by striking the necks (cutting the throats) of one another (killing each other)." [Agreed upon]. Therefore, all of us have to resort to constructive dialogue and advice to achieve the desired reform.                                                                                                                                            .

Dear fellow believers!

 

Abide by the above Hadith (prophetic saying) and the teachings of the Prophet (PBUH) and those of the Holy Quran for the Prophet (PBUH) says: "A Muslim is the one who avoids harming Muslims with his tongue or his hands." [Agreed upon]. He further says: "And anybody who believes in Allah and the Last Day should talk what is good or keep quiet. (I.e. abstain from all kinds of evil and dirty talk)." [Agreed upon].

 

It is incumbent upon us as Muslims to refrain from acts that cause conflict and division so as not to undermine the unity of our homeland. Instead, we should join forces to achieve all that is good to our religion, country, community, and nation. Allah Says in the Holy Quran (What means): "Help one another to righteousness and piety; do not help one another to sin and enmity. And fear God; surely God is severe in retribution." [Al-Ma`idah/2].     

  

Dear brothers!

 

We should be a cause for all that is good and a hindrance to all that is evil for the Prophet (PBUH) said in this regard: "Some people are a cause for all that is good and some are a cause for all that is evil; the former are blessed but the latter are disgraced." [Ibn Majah].

 

The General Iftaa` Department calls on all citizens to observe the teachings of Islam, discard all aspects of division, conflict and disagreement as well as all factors that incite to enmity and hatred among the people of the community, and to follow the advice of the Prophet: "I have left in you  that which will not lead you astray if you abide by it: The Holy Quran and the Prophetic tradition." [At-Tirmithi/ Graded it as a sound & strange Hadith (a strange one due to few narrators of the above Hadith].

 

We ask Allah, The Almighty, to safeguard our beloved country along with the rest of the Islamic countries, and praise be to Allah, The Lord of The Worlds.

 

And peace, mercy and blessings of Allah be upon you all.

 

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Summarized Fatawaa

Is it permissible for me to eat from the animal that I slaughtered for Allah to protect my family?

It is permissible to eat from the non-vowed animal sacrifice, and the person is rewarded based on the amount of meat that he had given to the poor. However, there is no evidence in Islamic Sharia indicating that slaughtering an animal protects one`s family, but it is a way for thanking Allah, The Almighty, for his grace.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Do wounds and bleeding during the day in Ramadan break the fast?

If a wound results in something entering the body cavity (jauf), such as blood or an external object, then the fast is invalidated.
However, external wounds and bleeding do not break the fast, unless they cause something to enter the body cavity.

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.

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