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Statement on the so-Called "Deal of the Century"
Author : The General Iftaa' Department
Date Added : 30-01-2020

In the Name of Allah, the Entirely Merciful, the Especially Merciful

Statement on the so-Called "Deal of the Century"

All perfect praise be to Allah the Lord of the Worlds. May His blessings and peace be upon Prophet Mohammad, all his kin and companions.

The General Iftaa` Department censures and rejects the so-called "Deal of the Century" and affirms that Jerusalem is the capital of Palestine and that the Hashemite custodianship over it is amongst the non-negotiable, religious and national principles. It also affirms the right of the Palestinians to live on their national territory and that none has the right to surrender a bit of sand from the land of Palestine. Jordan will continue to defend Jerusalem, its holy sites and the blessed land of Palestine, and this is the position of all Jordanians led by His Majesty King Abdullah II. Allah Says (What means): "And God hath full power and control over His affairs; but most among mankind know it not." [Yousef/21]. 

 

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Summarized Fatawaa

How to perform the witr prayer in terms of connection (wasl) and separation (fasl)?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Witr prayer has several forms that vary in terms of virtue:
 
The First Form: Separating every two units (rak‘ah) with a Tashahhud and a Taslim (salutation). This is superior to connecting the units, even if it is only a single rak‘ah. This is based on the Hadith of ‘Aishah (may Allah be pleased with her): 'The Messenger of Allah ﷺ used to pray eleven units between the end of the ‘Isha prayer and dawn, performing the Taslim after every two units and performing Witr with a single unit.' (Related by al-Bukhari & Muslim).
 
The Second Form: Connecting the units with only one final Tashahhud at the very end.
 
The Third Form: Connecting with two Tashahhuds—meaning reciting the Tashahhud before the final unit without performing the Taslim, then standing to complete the final unit. This form is considered the lowest in rank so that the Witr prayer remains distinct from the obligatory Maghrib prayer, as stated in the Hadith: 'Do not make the Witr resemble the Maghrib prayer.' (Narrated by Al-Daraqutni, who stated its narrators are trustworthy).
 
It is stated in Bushra al-Karim Sharh al-Muqaddimah al-Hadramiyyah: 'It is permissible to connect [the Witr] with one Tashahhud in the final unit—which is better—or with two Tashahhuds in the last two units, as both methods are established in Sahih Muslim from the actions of the Prophet ﷺ. In the connected method, more than two Tashahhuds are prohibited. Furthermore, separating (al-Fasl) is better than connecting (al-Wasl) if the number of units is the same, because the Hadiths supporting it are more numerous and it involves more devotional actions.' And Allah the Exalted knows best."

Is it permissible to use unscented petroleum jelly (Vaseline) during ‘Umrah, in order to prevent skin chafing or irritation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
According to the Shāfi‘ī school, it is permissible for someone in the state of iḥrām to use oils and creams free of perfume/fragrance on parts of the body other than the head and beard, for a genuine medical need — such as preventing skin chafing or irritation. However, applying them to the head or beard remains unlawful.
Shaykh al-Islām, Imam an-Nawawī (raḥimahullāh), says in al-Majmū‘ (Vol.7/P.279): "Oils are of two types: the first is an oil that is neither perfumed itself nor contains any perfume — such as olive oil, sesame oil, ghee, butter, walnut oil, almond oil, and similar oils. The use of this type is not unlawful anywhere on the body, except on the head and beard — where its use is unlawful without any disagreement [among the scholars]." And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

Is it permissible for an elderly person, a pregnant woman, or someone with a chronic illness to pay fidyah before Ramadan begins?

It is not permissible for an elderly person, a pregnant woman, or someone with a chronic illness to pay fidyah before Ramadan begins.
Additionally, it is not allowed to pay fidyah for more than one day in advance, because fidyah is a substitute for fasting, and fasting is not yet obligatory at that time.
However, it is permissible to pay fidyah for a single day in advance, by analogy with paying zakat up to one year in advance.