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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

What is the ruling of Islamic Law on leaving the Sunnah prayer of Dhuhr due to fatigue?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
According to the general rule, a Muslim should strive to maintain the Sunnah prayers before and after the obligatory prayers (al-sunan al-qabliyyah wa al-ba'diyyah). One is permitted to pray them sitting from the outset, but if one leaves them due to severe fatigue, there is no objection to doing so. It is recommended (mustahabb) to make up (qadā') a time-bound supererogatory prayer (nafl mu'aqqat) at any time if it was missed.
Al-Shirbīnī (may Allah have mercy on him) said: "If a time-bound supererogatory prayer is missed, it is recommended to make it up according to the more authoritative view (al-azhar), based on the hadith recorded in the two Ṣaḥīḥs: 'Whoever sleeps through a prayer or forgets it should pray it when he remembers it.' This is also supported by the fact that the Prophet (peace and blessings be upon him) made up the two rak'ahs of Fajr when he and his companions overslept in the valley and missed the dawn prayer until the sun had risen [narrated by Abū Dāwūd with an authentic chain]." And Allah, the Most High, knows best.

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

What is the ruling of Islam on swearing by Allah without intending to take an actual oath?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone swears by Allah without intending to take an actual oath, and without the firm resolve to bind themselves to it, then there is no sin or expiation (Kaffarah) required of them. Allah the Exalted says {what means}: 'God will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts; and He is Oft-forgiving, Most Forbearing.' [Al-Baqarah/225]. However, a Muslim should avoid swearing oaths excessively so that their tongue does not become accustomed to it. Allah the Exalted says {what means}: 'And make not God’s (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons; for God is One Who heareth and knoweth all things.
' [Al-Baqarah/224]. And Allah the Exalted knows best."

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

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