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

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Summarized Fatawaa

If someone delays making up fasts for a year, can they give fidyah before performing qada?

Yes, it is permissible to give fidyah before making up the missed fasts (qada), because each is an independent obligation, and there is no required order between them.

How should a person who is afflicted with continued major ritual impurity (incontinence of urine, bleeding outside the monthly period) perform ablution?

Such a person should make ablution for every prayer after its due time and after removing impurities from their body and outfit, and should place a fresh diaper whenever needed so as for the impurity not to spread out. They should also perform prayer immediately even if incontinence of urine continued, and should repeat the aforementioned for every obligatory prayer, then perform optional prayer as much as they want.

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.

I can`t afford to get married, what should I do to curb my sexual drives?

You should offer a lot of voluntary fasting, keep busy with useful and permissible acts and make supplication to Allah, The Exalted.

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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

If someone fasts on the White Days with the intention of making up for missed fasts (qada), will they receive the reward for both voluntary and obligatory fasting?

Making up missed obligatory fasts (qada) is mandatory, and the intention for qada must be specified.

If a person makes up their missed Ramadan fasts on the White Days, they must intend qada, but they may also intend to fast the White Days, and Allah willing, they will receive the reward for both.

This is similar to entering a mosque and praying an obligatory prayer, where the person also earns the reward of Tahiyyat al-Masjid (greeting the mosque) if they intend both.

● If the person missed their fasts due to a valid excuse, they may wait and fast on the White Days.

● However, if they missed the fasts without a valid excuse, they must make up the fasts immediately and should not delay them until the White Days.

What is the ruling on the Friday bath (ghusl al-Jumu'ah)?

The Friday bath is a confirmed Sunnah, based on the Prophet's (peace be upon him) saying: "Whoever performs ablution on Friday, it is good for him, and whoever takes a bath, bathing is better." (Reported by Abu Dawud and al-Tirmidhi who said it is a hasan hadith). It is recommended for everyone who wants to attend the Friday prayer, even if they are not from its usual attendees, like a woman or a boy.

If a person is in a state of major impurity (junub) and intends by his bath both lifting the major impurity and the Friday bath, he achieves both. If he intends only one of them, he achieves only what he intended. And Allah the Almighty knows best.

Is a woman sinful if she fasts out of shyness from her family while menstruating or in postnatal bleeding?

It is forbidden for a woman who is menstruating or in postnatal bleeding to abstain from food and drink with the intention of fasting. If she fasts out of shyness, she is sinful, as her fast is not valid.

However, if she refrains from eating and drinking without intending to fast, it is not forbidden, but she unnecessarily burdens herself without need.

The imam recited a verse containing a prostration of recitation (sajdat al-tilāwah) but did not prostrate. After the imam's salām, a follower (maʾmūm) performed a prostration of forgetfulness (sujūd al-sahw) because the imam had not performed the prostration of recitation. Is it permissible to go against the imam in this way?

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

There is no sin on the imam if he omits the prostration of recitation (sujūd al-tilāwah), even deliberately. The maʾmūm (the one following the imam) is obliged to follow the imam in the prayer, so if the imam does not perform the prostration of recitation, it is not permissible for the follower to prostrate, because the imam is appointed only to be followed.

If the follower introduces a prostration after the imam’s salām but before his own salām, in a case where there is no prostration of forgetfulness (sujūd al-sahw), his prayer is invalidated if he knew it to be prohibited. Otherwise, he is excused on account of his ignorance and his prayer is not invalidated.

It is stated in Ḥāshiyat al-Imām al-Jamal ʿalā Fatḥ al-Wahhāb: “His statement: ‘So the omission of the hayʾāt (the non-essential sunnahs of the prayer) is not compensated for by prostration; if one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to his ignorance.’”

Since this issue is one that is hidden from the laymen, as it is among the subtleties of knowledge, and the laymen are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of this issue is not invalidated, with the necessity of learning the rulings remaining. As for after knowing it, the prayer is invalidated. And Allah Almighty knows best.