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A statement on Recognizing Jerusalem as Capital of the Israeli Entity
Author : The General Iftaa` Department
Date Added : 07-12-2017

 

All perfect praise be to Allah, The Lord of The Worlds and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

The General Iftaa' Department strongly condemns the resolution taken by the US administration in which it recognized Jerusalem as capital of the Israeli occupation and  decided moving the US Embassy there. This act constitutes a flagrant violation against Muslims' creed.

On its part, the Dept. reminds the world of the UNISCO's World Heritage Center`s resolution which ascertains that Israel has no sovereignty over Jerusalem. Accordingly, the U.S resolution is invalid in all forms and defies the international law and all related resolutions. Moreover, issuing such resolution incites conflicts and crises in a region that is already suffering the scourge of war.

Almighty Allah has privileged Al-Aqsa Mosque with a special place in the hearts of all Muslims emanating from  the essence of their belief since it  (Al-Aqsa Mosque) is the first of the two Qiblahs (Al-Aqsa Mosque and Al-Masjid Al-Haraam of Makkah), the second of the two Holy Mosques (The sacred mosques of Makkah and Medina) ,the third of the Harams as well as the place from where the Messenger (PBUH) embarked on his nocturnal journey (Al-Israa`wal Mi`raaj). Al-Aqsa Mosque is a sacred destination to which hearts of Muslims yarn and rewards are multiplied. The Prophet (PBUH) said: "You should not undertake a special journey to visit any place other than the three mosques: the Sacred Mosque of Makkah, this Mosque of mine and Al-Aqsa Mosque (of Jerusalem). [Agreed upon].

We ,The Jordan Iftaa` Department, who are privileged with a wise Hashemite leadership that spares no effort in restoring and defending Al-Aqsa Mosque based on deeply-rooted Islamic belief that tightly bonds all Muslims, stress our rejection to all the provocative acts undertaken by the oppressive Israeli enemy against Muslims with the purpose of dividing as well as  Judaizing  the mosque. Almighty Allah Says in the Holy Quran (What means): "And who does greater evil than he who bars God's places of worship, so that His Name be not invoked in them, and strives to ruin them?; such men might never enter them, save in fear; for them in this world is degradation; and in the Hereafter a mighty chastisement." [Al-Baqarah /114].

We highly value the steadfastness of our Palestinian brothers and commend their heroic defense of Jerusalem and the holy places. We ask Allah The Exalted to bestow victory upon them and keep them strong.

In this era, it is the religious duty of all Muslims: people, leaderships, governments, and intellectuals to defend Al-Aqsa Mosque against all dangers and violations. We confirm that the guardianship over Al-Aqsa Mosque is the right of all Muslims represented by the Hashemite leadership which enjoyed that privilege by virtue of its historic legacy and the guardianship agreement signed with the Palestinian Authority, and not with the Israeli occupation authorities whose acts aren`t recognized as far as this matter is concerned. We also confirm that it is impermissible to undermine this guardianship over the holy places, or abdicate it.

We pray that Allah, The Exalted, protects Jerusalem, the Islamic sanctities and the Muslim nation. And All perfect praise be to Allah, The Lord of The Worlds.

The General Iftaa' Dept.

 

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Summarized Fatawaa

What is the ruling on performing istinja' before every ablution?

Istinja' is not from the conditions for the validity of ablution. It is only obligatory for prayer when there is impurity from urine or stool on the private part, or if there is fear of the impurity spreading to the body or clothing. And Allah the Almighty knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

 Should a person who doesn’t offer Tasbeehb (saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood) during Rukoo` and Sujood perform As-Sahw Sujood (prostration of forgetfulness)?

He/ she doesn`t have to perform Sujood As-Sahw, whether he/she didn`t offer Tasbeeh during Rukoo` and Sujood either intentionally ,or unintentionally, provided that the attentiveness of the heart wasn`t undermined since it is a pillar in both.

Who is the one deemed "able" (al-qādir), for whom the uḍḥiyah (sacrificial offering) is sunnah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The one who is deemed "able" (al-qādir) [to perform the uḍḥiyah, i.e., the sacrifice] is someone who possesses wealth sufficient to acquire the sacrificial animal, over and above what is needed to cover his own living expenses and the living expenses of his wife and children — or of anyone else whose financial support (nafaqah) is legally obligatory upon him — for the day of ‘Eid and the three days of Tashrīq [that follow it], since this is the designated time period for the sacrifice. And Allah, the Exalted, knows best.

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