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Ruling on Celebrating the Prophet`s Birthday
Author : Dr Noah Ali Salman
Date Added : 21-12-2015

Ruling on Celebrating the Prophet`s Birthday

 

On the twelfth of Rabi` al-Awal of each Hijri year, the Muslim World celebrates the birthday of Prophet Mohammad(PBUH). The General Iftaa` Department is pleased to congratulate the Muslim and Arab Nations on this happy occasion, and prays that at the same date of next year Allah would have favored them with peace, stability and honor.
We call on all Muslims in the Hashemite Kingdom of Jordan to participate in this celebration to show their love and high regard to our Prophet Mohammad(PBUH), remembering his words: "None of you is a believer till I am dearer to him than his child, his father and the whole of mankind."{Agreed upon}.
On this happy occasion, Muslims gather to recite the Quran, read the biography of the Prophet(PBUH) and chant Madih to honor him as well as to rejoice at his birth(Mawlid). These acts are amongst the good practices referred to by the Prophet(PBUH) where he said," Whoever introduces a good practice that is followed after him, will have a reward for that and the equivalent of their reward, without that detracting from their reward in the slightest"{Muslim}.
The permissibility of celebrating this happy occasion is indicated by many pieces of evidence, some of these are:
First: Abu Qatadah Al-Ansari (RAA) narrated, ‘The Messenger of Allah (PBUH) was asked about fasting on the day of Arafah (the 9th of the month of Dhul Hijjah). He replied, "Fasting on the day of Arafah is an expiation for the preceding year and the following year.” He was also asked about fasting on the day of Ashura (the 10th of the month of Muharram). He replied, “Fasting on the day of Ashura is an expiation for the preceding year.” The Messenger of Allah (PBUH) was also asked about fasting on Monday, and he replied, "This is the day on which I was born and the day on which I was sent (with the Message of Islam) and the day on which I received revelation." Related by Muslim. In this Hadith, the Prophet clarifies that he Fasted on Monday because it is his birthday which distinguishes that day from the rest of the days, and a Muslim should be keen on receiving as many rewards from Allah as possible during this blessed day.
Second: Allah, The Almighty, said, " and teach them to remember the Days of God."{Ibrahim/5}. i.e. teach them to remember the favors that Allah has bestowed upon them, as interpreted by Ibn Abbas, Mujahid and Qotadah, and the Prophet`s birthday is undoubtedly the greatest favor that Allah has bestowed upon the whole World; therefore, celebrating it means complying with the commands of Allah by remembering His favors and blessings.
Third: Allah, The Almighty, said, "Say: "In the bounty of God. And in His Mercy,- in that let them rejoice": that is better than the (wealth) they hoard"{Younis/58}. Ibn Abbas said, "The bounty of Allah is knowledge and His mercy is Prophet Mohammad(PBUH)." Moreover, Allah, The Almighty, said, "
We sent thee not, but as a Mercy for all creatures."{Al-Anbiya`/107}. Therefore, celebrating the birthday of the master of all creatures(PBUH) is one aspect of the prescribed rejoice.
Fourth: When the Prophet (PBUH) came to Medina, he found (the Jews) fasting on the day of 'Ashura' (i.e. 10th of Muharram). They used to say: "This is a great day on which Allah saved Moses and drowned the folk of Pharaoh. Moses observed the fast on this day, as a sign of gratitude to Allah." The Prophet (PBUH) said, "I am closer to Moses than they." So, he observed the fast (on that day) and ordered the Muslims to fast on it."{Bukhari}. Therefore, thanking Allah, annually, for bestowing a favor or removing an affliction is permissible, and amongst the greatest blessings and favors on that day is the birth of Prophet Mohammad(PBUH).
We should remind ourselves and our Muslim brothers to follow our role model Prophet Mohammad(PBUH) in terms of his manners, words and deeds. Allah, The Almighty, said, "Verily there is for you a good example in the Messenger of God for whoever hopes for [the encounter with] God and the Last Day, and remembers God often."{Al-Ahzaab/21}.
We beseech Allah, The Almighty, to protect our country, favor it with peace and security along with the rest of the Muslim countries.

 

 

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Summarized Fatawaa

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 of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.

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.

Who is responsible for performing the aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The one upon whom the 'aqīqah is incumbent is whoever is obligated to financially maintain the newborn — whether the father, paternal grandfather, or mother. It is to be performed from their own wealth, not from the wealth of the newborn child.
As for one upon whom the financial maintenance of the newborn is not obligatory, they may not perform the 'aqīqah except with the permission of the one upon whom it is obligatory — namely, the father. And Allah Almighty knows best.

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