A Statement on the Importance of the Muslim Nation`s Unity and the Need to Discard Disputes

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What is the ruling on taking a medication tablet sublingually during the daytime in Ramadan?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

Taking a medication tablet sublingually (under the tongue) during the daytime in Ramadan does not invalidate the fast, since it does not reach the internal cavity (al-jawf) through an open passage.

However, if the tablet dissolves and any part of it is swallowed, then the fast is broken.

And Allah, the Exalted, knows best.

What is the ruling on undoing braids of hair during the ritual bath?

It is not a condition to undo braids if the water reaches all the hair and penetrates to its base. If the water does not reach except by undoing the braids, then it is obligatory to undo them for the water to reach. And Allah the Almighty knows best.

What is the ruling on the ablution of one who touches women prohibited to him by a temporary prohibition (mahram bi-hurma mu'aqqata)?

It is prohibited to touch a woman who is temporarily prohibited (meaning one whom it becomes permissible to marry after the impediment is removed, such as the wife of a brother or paternal uncle). Touching her without a barrier invalidates ablution. And Allah the Almighty knows best.

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.

If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.

It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."

The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.

It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]

Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

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A Statement on the Importance of the Muslim Nation`s Unity and the Need to Discard Disputes

Author : The General Iftaa` Department

Date Added : 17-08-2015

A Statement on the Importance of Muslim Nation's Unity and the Need to Discard Disputes

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

Based on Allah`s words (What means): "Verily, this brotherhood of yours is a single brotherhood, and I am your Lord and Cherisher: therefore serve Me (and no other)." [Al-Anbia`/92], in adherence to His injunction (What means): "And hold fast, all together, by the rope which God (stretches out for you), and be not divided among yourselves;" [Al-Imraan/103], as well the decisive heavenly guidance (What means): "And obey God and His Apostle; and fall into no disputes, lest ye lose heart and your power depart; and be patient and persevering: For God is with those who patiently persevere." [Al-Anfaal/46].

Out of the religious, historic, and human responsibility, which makes it imperative upon Muslims to be candid and advise one another through calling for maintaining the nation`s unity, man`s dignity, and the security of the Muslim countries, the General Iftaa` Department in the Hashemite Kingdom of Jordan-which is closely watching the dangers threatening our nation, the voices calling for revenge, the statements released through mass media inciting to trial, fanaticism and hatred-turns to our brothers in Egypt, Syria, Iraq, Libya, Yemen and other Muslim countries to stress the following:

First: Today, the Muslim nation has arrived at a situation, which contradicts with the teachings of Islam as regards belief, adherence to observing obligatory acts of worship, and the intentions of Sharia that call for unity and forbid bloodshed. This situation also contradicts with the historic models of our bright Islamic experience, which rested on values of brotherhood, advice and maintaining man`s dignity. Allah, The Almighty, Said (What means): "Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious: for thy Lord knoweth best, who have strayed from His Path, and who receive guidance" [An-Nahil/125].

Second: The nation`s unity, which was a reality over centuries as well as a dream for its sons, is experiencing a severe trial and repeated attempts to undermine it; therefore, it is the duty of its sons; especially the wise to be aware of this grave danger and stand up to it, in response to the call for brotherhood (What means): "The Believers are but a single Brotherhood" [Al-Hujuraat/10].

Third: The call for firmly establishing the nation`s unity dictates ending various political conflicts and Fatwas, which call for shedding blood, labeling Muslims as disbelievers (Takfeer), and undermining the peace and security of societies.

Fourth: We call on the scholars as well as the thinkers of the Muslim nation to favor the nation`s interest, maintain its solidarity and resort to reason in order to stop the killing of Muslims and to render the plots of those trying to undermine the internal peace and security of our societies a failure.

Fifth: We call on our Muslim nation to ignore voices that call for accusing Muslims with disbelief and treason, and to abide by the teachings of our true religion, which promotes the values of brotherhood, solidarity, cooperation and reconciliation.

We remind our nation with the themes of the Amman Message, which was launched by His Majesty King Abdullah the 2nd. It calls for adherence to the way of Islam in inviting people to Allah through wisdom, beautiful preaching, mercy and good deeds. Moreover, Islam forbids killing people and calls for discarding all forms of violence and extremism and at the same time expressing the importance human's dignity and sanctity which is one of Sharia objectives, as Allah, The Most Exalted Said (What means): We have honoured the sons of Adam." [Al-Israa'/70].

Sixth: In order for our nation to free itself from the trial that it is experiencing, its scholars and rulers are required to exert every effort possible to stop all forms of conflict, and resort to wisdom through constructive dialogue and giving priority to the nation`s interest over that of the individual`s. This in order for it to regain trust in itself, enhance the common aspects and delay disputes, as stipulated in the Sharia maxim: warding off harm takes precedence over making benefit, since the Prophet (PBUH) said: "
Whoever helps to kill a believer, even with half a world, he will meet Allah (PBUH) with (the words) written between his eyes, 'He has no hope of the mercy of Allah (PBUH).” [Ibn Majah].

We pray that Allah unites all Muslims, spares their lives, and bestows peace and security upon Jordan and the rest of the Muslim countries.

The General Iftaa` Department

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Summarized Fatawaa

What are the conditions for the validity of the slaughtering process according to Sharia?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

Regarding the Sharia-mandated conditions for the validity of the slaughtering process (Adh-Dhabh), they are as follows:

The Identity of the Slaughterer: The person performing the slaughter must be either a Muslim or from the People of the Book (Christian or Jewish).

The Required Cuts: Both the trachea (windpipe/breathing passage) and the esophagus (food passage) must be completely severed.

Stability of Life: The animal must possess stable life at the start of the slaughtering process. This is identified by clear signs, such as vigorous movement or the forceful gushing of blood after the throat and esophagus are cut.

The Tool of Slaughter: The tool used must be sharp, capable of cutting or piercing by its edge and not by its sheer weight or blunt force.

And Allah the Almighty knows best.

What is the ruling of Islamic Law on working in hotels?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to work in hotels, restaurants, and shops in jobs that involve no direct handling of forbidden things and do not assist in them, such as administrative work.

As for jobs in which one directly handles forbidden things or assists in them, such as serving, transporting, or purchasing alcohol, receiving payment for it, or agreeing to buy it, working in them is forbidden, based on the saying of Allah the Mighty and Majestic: “And cooperate in righteousness and piety, but do not cooperate in sin and aggression. And fear Allah; indeed, Allah is severe in penalty.” [al-Māʾidah/2]

The basic nature of the work of hotels and restaurants is permissible, and the sin of any forbidden element that arises incidentally in some of what takes place in a hotel or restaurant is borne by those who run it.

The scholars have also permitted dealing with one whose lawful wealth is mixed with unlawful wealth, as previously explained in Fatwa no. (2697). And Allah Almighty 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.

What is the ruling on Qonot Du`a (supplication) at dawn prayer?

All perfect praise be to Allah,The Lord of The Worlds It is a confirmed Sunnah, and whoever leaves it should perform Sujood As-Sahw (prostration of forgetfulness). And Allah Knows Best.