Articles

Beirut Declaration for a Clear Religious Information
Author : Dar El-Fatwa in Lebanon
Date Added : 28-12-2015

Beirut Declaration for a Clear Religious Information

 

On Dec. 21st, 2015, the Muftis of the Sunni community in Egypt, Jordan and Lebanon signed a joint declaration. It is entitled the "Beirut Declaration for a Clear Religious Information", and it reads as follows:

In light of the aggravating phenomenon of extremism in the Arab and Muslim countries, its employment of social media to instigate killing, exemplary punishment and labeling others with disbelief (Takfir), which belittles religions, manners, principles of communal living, private and public freedoms, the tendencies of the youth, the image of Islam and the Arabs before the world and taking into consideration that the religious invitation is a plain statement to communities and the whole world, the above Muftis, out of their religious and brotherly ties, address the Arab, Muslim and international audience with the following statement which includes five points:

 

First: Renewed commitment to the development of a moderate and reforming religious discourse including the propagation of the values of tolerance and moderation, the strengthening of peace in the society, the re-establishment of trust between generations, support for traditions of communal living and arriving at mutual terms with the world.

 

Second: Renewed commitment to the development of a clear religious information that includes the values of acceptance of others at a religious, national or global level, as well as the peaceful resolution of differences in a space of equal and mutual trust.

 

Third: Cooperation between the departments empowered to issue religious decrees (fatwa) in Egypt, Jordan and Lebanon, at the level of exchange of information and experiences, mutual visits, to combat religious extremism and all other extremists who threaten the security of Arab societies, their unity and their stability.

 

Fourth: Cooperation between Muslim and Christian religious leaders in the setting up of an observatory of coexistence, which will be based in Beirut.

 

Fifth: The exhortation addressed to the Arab media, private and public, to responsibly report religious information, leaving aside anything that may exacerbate religious sensitivities in a context of discrimination and misinformation. It should also be noted that the first and second points of the declaration deal respectively with sermons in mosques as well as current and widespread religious information in the media.

 

Lebanon has always been a country of religious freedoms, equal and responsible coexistence as well as clear and advanced information. At an era of revolutionized media and means of communication, we hope that Beirut will play a pioneering and clear role in promoting values of political moderation and social stability from the perspective of religious values as well as help the world to create an open image about the Arabs and Muslims.

 

 

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Summarized Fatawaa

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on one who died owing debts and left no wealth? Is it obligatory upon the heirs to settle these debts?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The general rule is that if a person dies owing rights to other people, such as debts, these are settled from his estate, if he left any wealth, before the estate is divided. The Prophet (peace and blessings be upon him) said: “The believer's soul is suspended by his debt until it is settled for him.” Graded ḥasan by al-Tirmidhī. Repayment of debts takes precedence over the heirs’ right to inheritance.
If the deceased left no estate, or left wealth that was insufficient to cover his debts, it is not obligatory for the heirs to pay from their own wealth, but it is recommended for them to do so, because the deceased’s dhimmah (legal liability) remains occupied by the debt. It is reported in some narrations that he remains held in suspension until his debt is paid, and it is not part of filial righteousness for a child to leave his father’s dhimmah burdened with debt.
All of the children may contribute to settling the debt on behalf of their father and cooperate in doing so, even in installments, according to their ability. And Allah Almighty knows best.

What is required of one who doubts the number of rakʿāt during prayer?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a person doubts the number of rakʿāt he has prayed, he should build upon the lesser number, as that is what he is certain of. He should then perform the prostration of forgetfulness (sujūd al-sahw) before the final salām at the end of the prayer. ʿAṭāʾ ibn Yasār narrated that the Messenger of Allah ﷺ said: "When any one of you is in doubt during his prayer and does not know whether he has prayed three rakʿāt or four, let him pray one more rakʿah and then perform two prostrations while seated before the salām. If the rakʿah he prayed was a fifth, these two prostrations will make it even; and if it was the fourth, then the two prostrations serve as a humiliation for the devil." (Reported by Abū Dāwūd.)
It is stated in al-Muqaddimah al-Ḥaḍramiyyah — one of the foundational texts of the Shāfiʿī school: "If one doubts whether he has prayed three rakʿāt or four, he is obliged to build upon the lesser number."
However, if such doubt recurs repeatedly and reaches the level of obsessive whispering (waswasah), he should not build upon the lesser number in that case — rather, he should build upon the greater number. And Allah the Almighty knows best.

When does the time for the Fajr prayer begin?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The time for the Fajr prayer begins once the Mu’adhin starts the second Adhan (Al-Adhan al-Thani), and not after the first Adhan. And Allah the Exalted knows best.