Articles

Statement over the Incident in Karak
Author : The General Iftaa' Department
Date Added : 19-12-2016

    

All perfect praise be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Mohammad and upon all his family and companions:

"Think not of those who are slain in God’s way as dead. Nay, they live, finding their sustenance in the presence of their Lord; They rejoice in the bounty provided by God: And with regard to those left behind, who have not yet joined them (in their bliss), the (Martyrs) glory in the fact that on them is no fear, nor have they (cause to) grieve. They glory in the Grace and the bounty from God, and in the fact that God suffereth not the reward of the Faithful to be lost (in the least)." [Al-Imran/169-171].

The General Iftaa` Department mourns for the martyrs of the Jordanian civilians, the public security forces, and the gendarmerie who have sacrificed their souls in God`s way while defending their country, in the city of Karak. We pray that Allah accepts them with the Prophets, the truthful, the martyrs, and the righteous. Indeed, they are in the company of those on whom is the Grace of God.

Through the tremendous efforts of its truthful men and sincere citizens, Jordan will remain steadfast against whosoever attempts to undermine its peace and stability.

The Department calls upon all Jordanians to stand by the security forces as well as the wise, Hashemite leadership, presided by His Majesty King Abdullah the second, May Allah protect him, against extremists and outlaws.

The Department expresses its deepest condolences to King Abdullah and the families of the martyrs, praying that Allah blesses them with mercy and forgiveness, and their families with patience and solace. To God we belong and to him is our return." And soon will the unjust assailants know what vicissitudes their affairs will take!" [Ash-Shu'ara'/227].

 

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Summarized Fatawaa

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.

What are the categories of the livestock permissible for Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
An Udhiyah (sacrificial offering) is only valid if it is selected from Al-An'am (livestock), which includes: camels, cattle, and sheep or goats—whether male or female, and even if castrated. Allah Almighty says {what means}: "And for all religion We have appointed a rite [of sacrifice] that they may mention the name of Allah over what He has provided for them of [sacrificial] livestock." (Al-Hajj/ 34)
 
In terms of preference, camels are considered the best choice, followed by cattle, then sheep, and finally goats.
A single sheep or goat is valid as a sacrifice on behalf of one person. However, a single camel or cow can be shared by up to seven people. This is based on the narration of Jabir (may Allah be pleased with him), who said: "In the year of Al-Hudaybiyah, we sacrificed along with the Messenger of Allah (peace and blessings be upon him) a camel on behalf of seven people, and a cow on behalf of seven people." (Narrated by Muslim)
 
(Note: The term "Badanah" used in the original Arabic text specifically refers to a camel in this context). And Allah the Almighty Knows Best.

What is the ruling on sacrificing a castrated animal or one with a missing tail?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is permissible to sacrifice a castrated sheep; as it has been established that the Prophet (peace be upon him) sacrificed:
 
"...two large, fat, horned, white-and-black, castrated rams (Mawju'ayn—meaning having crushed testicles)." [Narrated by Ibn Majah in his Sunan].
 
It is not permissible to sacrifice an animal that is missing its tail, or udder due to being cut off. This is in contrast to an animal that was naturally born without a tail, or udder; such an animal is valid for sacrifice. And Allah the Almighty knows best.

What is the ruling on praying seated due to severe obesity, given that I experience hardship in performing the prayer — especially when rising from the ground after sujūd to perform the next rak‘ah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Standing, when one is able to do so, is a pillar of the prayer. However, whoever would experience severe, intolerable hardship, or fears harm to himself or to a limb due to obesity, or finds that standing causes him to lose his khushū‘ (humble focus and concentration) in prayer, then there is no objection to his praying seated on a chair or on the ground, performing rukū‘ (bowing) and sujūd (prostration) through gesture — provided that the gesture for sujūd is made lower than that for rukū‘. Whoever is able, at any point, to properly perform any one of these pillars, is obligated to perform it in full; for omitting it is a concession that applies only in cases of genuine inability. The Prophet ﷺ said: "When I command you to do something, do of it whatever you are able." (Related by al-Bukhārī). As the scholars of fiqh have established: what remains possible is not waived on account of what is difficult.
The criterion for determining genuine inability, as chosen by Imam al-Ḥaramayn al-Juwaynī (raḥimahullāh), is that the worshipper experiences hardship that causes him to lose his khushū‘.
As for voluntary (nafl) prayer, there is no objection to performing it while seated, even if one is able to stand. However, rukū‘ and sujūd must still be performed [in their proper physical form] by anyone who is able to do so. And Allah, the Exalted, knows best.