Articles

The Obligation of Supporting Palestinians Defending Al-Aqsa Mosque and Sheikh Jarrah Neighborhood
Author : The General Iftaa' Department
Date Added : 16-05-2021

A Statement on the Obligation of Supporting Palestinians Defending Al-Aqsa Mosque and Sheikh Jarrah Neighborhood

 

 

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad, his family and companions.

 

In light of the barbarous campaign launched by the Israeli occupation forces against the Palestinians stationed in East Jerusalem`s Sheikh Jarrah, the subsequent violations at Al-Aqsa mosque and the attacks against Palestinian worshippers stationed there.

 

The General Iftaa` Department, in the Hashemite Kingdom of Jordan, reaffirms its condemnation of these unethical practices, which contradict the values of tolerance, peaceful coexistence and human rights. It reaffirms that the Palestinian residents of Jerusalem has the right to defend the Islamic holy sites and foil Israeli attempts to ban worshippers from praying at Al-Aqsa. This is in addition to harassing Jerusalemites, driving them out of their homes and placing restrictions on entering Al-Aqsa mosque, which is an integral part of a Muslim`s faith as it is the first direction of prayer,  the second mosque ever established for mankind on earth and the third holiest mosque.

 

We pray that Allah helps the Palestinians and supports their steadfastness against this heinous enemy. We also stress that defending Palestine and Al-Aqsa mosque is the religious duty of every Muslim person, leaders, governments and thinkers. However, this begins by holding on to the religious constants and Islamic creed, in addition to reminding people about the significance of Al-Aqsa mosque and the sufferings of the Jerusalemites at the hands of the Israeli occupation forces. Allah The Almighty Says (What means): "God has promised, to those among you who believe and work righteous deeds, that He will, of a surety, grant them in the land, inheritance (of power), as He granted it to those before them; that He will establish in authority their religion - the one which He has chosen for them; and that He will change (their state), after the fear in which they (lived), to one of security and peace: ’They will worship Me (alone) and not associate aught with Me. ’If any do reject Faith after this, they are rebellious and wicked." [An-Nur, 55]. We highly appreciate their steadfastness in defending the Islamic holy sites in Jerusalem. We also stress the role and importance of the Hashemite custodianship over Al-Aqsa mosque in terms of safeguarding Islamic and Christian holy sites. This custodianship is the first line of defense against usurpation or aggression in terms of time and place. We are thankful to His Majesty King Abdullah the 2nd for his relentless efforts in support of Jerusalem and Al-Aqsa mosque. We will always follow his wise leadership, which didn`t flinch from sacrificing everything for the sakes of Al-Aqsa mosque and the just causes of the Arab nation.

 

We pray that Allah pardons our mistakes, achieves our aspirations, grants us victory over our enemies and blesses us with liberating our Islamic sanctities, and that for God is surely no great matter. 

 

 

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Summarized Fatawaa

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

What is the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

Does using a respiratory device (oxygen) affect the validity of fasting?

Using an oxygen device does not affect the validity of fasting because oxygen is a gas with no physical substance.
However, if medicinal substances with physical particles are added to the oxygen, its use would break the fast, as it enters the body cavity through a natural passage.

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.