The Final Act of the Fourth Iftaa' Forum Entitled "The Role of Islamic Culture in Forming Individuals and Societies"

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Is it permissible for someone who is unable to fast to pay the fidyah (ransom/compensation payment) to himself, due to his own poverty?

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

It is not permissible, nor does it fulfill the obligation, for a sick person who is currently and permanently unable to fast to pay the fidyah (ransom/compensation payment) to himself, since it is a financial obligation owed by him, established as a standing debt upon him — much like any other debt he owes. If he were to pay it to himself, it would not thereby be discharged. So if he cannot find [anyone eligible to] pay it to, it remains a standing obligation upon him, and is not thereby waived. If Allah, the Mighty and Majestic, later grants him wealth, it becomes obligatory upon him to pay it out to the poor and needy.

Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "There is no difference in the obligation of the fidyah between the wealthy and the poor person; its benefit lies in its remaining established as a standing debt upon the poor person [until he is able to pay it] — and this is the more correct position (al-aṣaḥḥ), as indicated by the wording of ar-Rawḍah and its source text." [Mughnī al-Muḥtāj, Vol.2/P.174]

Accordingly: it is not permissible for a Muslim to pay the fidyah to himself while he remains poor. If the sick person is poor, he is not obligated to pay the fidyah immediately, and it remains a standing debt upon him until a time when he has sufficient means and wealth. And Allah, the Exalted, knows best.

Who is "the poor" entitled to receive Zakah (obligatory charity)?

The poor is the one who has neither money nor a source of living, or has either of them, but it isn`t sufficient such as being in need for a hundred/JDs, and having an income of forty/JDs only.

Is Zakah (obligatory charity) due on the Zakah money received by a poor person, and reached a Nissab (minimum amount liable for Zakah), and a whole lunar year had lapsed over having it in his possession?

Yes, the poor who possessed a Nissab for a whole lunar year is obliged to pay the Zakah due on that money even if it was given to him as a Zakah money in the first place. And Allah 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.

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The Final Act of the Fourth Iftaa' Forum Entitled "The Role of Islamic Culture in Forming Individuals and Societies"

Author : The General Iftaa` Department

Date Added : 15-11-2017

The Final Act of the Fourth Iftaa' Forum Entitled "The Role of Islamic Culture in Forming Individuals and

Societies"

On the occasion of choosing Amman as The Capital of Islamic Culture/2017 by The Islamic Educational Scientific and Cultural Organization (ISESCO), the General Iftaa' Department held The Fourth Scientific Forum entitled "The Role of Islamic Culture in Forming Individuals and Societies" on 14/11/2017 in collaboration with Ministries of Education, Culture, Awqaf and Islamic Affairs and the Supreme Judge Department.

The generous sponsorship of the Forum by his Royal Highness Prince Ghazi Bin Muhammad was appreciated by the attendants and they remembered the Hashemite efforts as well as the anniversary of the late king Hussein(May Allah have mercy on his soul) in enhancing the values of Islamic culture, which is based on tolerance, through building the modern Jordan, which rests on principles and constants, in addition to showing the bright picture of Islam.

The participants have come up with the following suggestions and recommendations:

First: The Islamic culture is the spirit of the nation of divine revelation, connected to the Prophecy of Mohammad and extended through the whole world and for all people. Yet, it is not meant for a certain party, sect, country or geography. On the contrary, the Islamic culture has eliminated all differences while preserving the constants of Islam and the Arab world.

Second: The aforementioned culture highlighted the meaning of freedom, eliminated slavery, protected the poor and depressed reflecting the most advanced concept of culture.

Third: The Islamic culture in Jordan adopts the concept of moderation and the methodology highlighting the bright image of Islam and its tolerant values founded by the Hashemite Family since the constitution of Jordan. In addition, it is linked with the roots of the nation and the Hashemite descendants of the Prophet(Peace be upon him).

Fourth: The Islamic culture in Jordan is compatible with the Islamic religion and the teachings of the Prophets who passed by Jordan. Therefore, this culture has to be applied.

Fifth: The aforementioned culture should be based on innovation that motivates people to make reform and accomplishment, and this can be achieved through enhancing the Islamic cultural programs at all levels: educational, social, political and media.

Sixth: Calling for continued cooperation amongst institutions entrusted with cultural activities and turning it into fieldwork. This can be done through implementing ideas that touch upon the core function of the afore organizations.

Seventh: Promoting Islamic culture is a joint responsibility that should be shouldered, on the individual level, by every Muslim. On organization level, it should be shouldered by universities, schools, Masjids, libraries, research centers, cultural societies, elite groups and social activities.

Eighth: Increasing cultural awareness, tying it with Islamic values of tolerance, and advancing this culture through institutional partnerships and available means, constitute the safety valve for society, protecting it against extreme views and maintaining its peace and stability.

Nine: Promoting the value of the "Role Model" in the Muslim society, tying it with its deeply-rooted heritage and values, preparing future generations to have a sense of responsibility towards the challenges facing their nation to adapt with the emerging cultural issues on basis of openness and renewability.

Tenth: Governmental and non-governmental organizations along with all members of society should participate in the advancement of the Muslim nation, and enhancing the true values of Islamic culture in fulfilling the divine command where Allah has enjoined Muslims to deliver the message of Islam by lawful means and in the most correct and respectable manners.

Eleventh: Calling upon national institutions to reflect the Islamic-cultural identity of the city of Amman, in particular, and the Hashemite Kingdom of Jordan, in general, addressing future generations through promoting the themes of the Amman Message, the message of tolerace, adopting its values and applying them in everyday life. This is in addition to applying the values embodied in the initiative "Kalima Sawa`" so that we reach safety by creating a society that is conscious, tolerant and accepts the other. And all perfect praise be to Allah, The Lord of The Worlds.

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Summarized Fatawaa

Should a person feel pleased, or have a virtuous vision after offering Istikhara (guidance prayer) in order to do what he/she had offered it for?

The result of the Istikhaarah is not necessarily that a person sees something (in his dream), or feels pleased, but the most important result of the Istikhaarah is whether a person is enabled to do a given matter or not.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

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

The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).

Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.

My husband discloses all our marital disputes to his family. What is the ruling of Islamic Law on this?

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

It is impermissible to divulge spousal secrets or expose one another's faults, whether during the subsistence of the marriage or after its dissolution. The foundational principle governing marital relations is that it is built upon confidentiality and mutual affection. Divulging marital secrets constitutes a breach of trust and a grave sin.

A husband ought not to resort to his family to complain about his wife over every dispute, nor is the reverse permissible for the wife, especially when such actions lead to stirring up malice and animosity between the spouses or between their respective families.

Islam has enjoined the preservation of secrets in general and commanded against revealing them; safeguarding the privacy of the home holds an even greater priority. And Allah Almighty knows best.

Is washing the private part after urinating (Istinjaa`) a condition, and is it done with water and soap, or with water only?

Istinjaa` is obligatory for removing impurity, and it can be done with toilet paper, or a stone, or water. It is preferable to do Istinjaa` first with paper, or stone, or the like, then to wash the private part with water until making sure that the impurity has been removed. Using soap is not a condition, but there is no harm in doing so provided that it is washed off with water. It is also permissible to use either water, or paper if impurity is removed by any.