It is Discouraged to Kiss when Greeting one another

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Summarized Fatawaa

Is it permissible to slaughter a sheep on Eid al-Adha with the intention of charity (sadaqah) on behalf of a sick person, and with the intention of udhiyah (sacrificial animal) at the same time?

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

The udhiyah (sacrificial animal) is an act of worship intended for its own sake; therefore, it must be slaughtered with the intention (niyyah) of udhiyah.

Whoever intends to draw closer to Allah through this act of obedience with the intention of udhiyah, and also intends to gift the reward to another person, there is no Islamic objection to that. And Allah Almighty knows best.

What is the ruling on using a miswak (tooth-stick) during the day in Ramadan?

It is permissible to use a miswak before noon while fasting. However, according to the Shafi'i school, it is disliked (makruh) after noon in order to preserve the natural effect of fasting in the mouth, as the Prophetﷺ said in authentic hadith:

"The breath of a fasting person is more pleasant to Allah than the fragrance of musk."

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.

What is the ruling on the ablution of one who touches women prohibited to him by a temporary prohibition (mahram bi-hurma mu'aqqata)?

It is prohibited to touch a woman who is temporarily prohibited (meaning one whom it becomes permissible to marry after the impediment is removed, such as the wife of a brother or paternal uncle). Touching her without a barrier invalidates ablution. And Allah the Almighty knows best.

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It is Discouraged to Kiss when Greeting one another

Author : The General Iftaa` Department

Date Added : 17-10-2022

It is Discouraged to Kiss when Greeting one another

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

People have been asking about the ruling of Sharia on men kissing men and women kissing women when meeting and greeting. This question is posed due to what is being said about transmission of infection as a result. In short, this issue boils down to the following:

This act of kissing-regardless of infection-is discourged by Sharia except in exceptional cases. A man asked: "O Messenger of Allah! When a man meets a brother or a friend, should he bow to him?" He said: "No." The man asked whether he should embrace and kiss him? The Messenger of Allah (PBUH) replied: "No." He asked whether he should hold his hand and shake it? The Messenger of Allah (PBUH) replied: "Yes." [At-Tirmidhi]. This is what the companions (May Allah be pleased with them) used to do. Anas reported: "If the companions of the Prophet, peace and blessings be upon him, met each other, they would shake hands. If they had returned from a journey, they would embrace each other." {At-Tabarani}. This narration shows an exceptional case in which kissing is allowed. However, Sharia discourages Muslims to kiss every time they meet.

Nonetheless, if this kissing entails the possibility of infection, then it isn`t allowed by Sharia since the Prophet (PBUH) forbade letting sick camels graze or drink with healthy ones. If this is the case with animals, then people are more entitled to observe such precautionary measure.

Accordingly, we advise all citizens to suffice with shaking hands when visiting during Eid time, and this is the customary practice of many advanced Muslim countries. As people say, what counts is the feeling that people have in their hearts towards one another since kissing someone while hating them or being afraid of catching infection doesn`t befit human beings. Let`s make this happy occasion an opportunity to get rid of this bad habit of kissing except in exceptional cases, such as kissing someone who came after a long journey. The Messenger of Allah kissed Jafar Bin Abi Talib between his eyes when he came from Abyssinia after having migrated to it for many years. However, even in such cases, if a person is coming from a country with a pandemic, then this kissing should be avoided.

Finally, it is good to remind that low morals are more infectious than diseases, so beware of them, and we wish you a happy Eid.

General Iftaa` Department.

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Summarized Fatawaa

What is the ruling of Islamic Law on saying the basmalah at the beginning of wudu`?

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

Saying the basmalah (Bismillāh) at the beginning of wuḍūʾ is a sunnah. It is stated in al-Minhāj al-Qawīm Sharḥ al-Muqaddimah al-Ḥaḍramiyyah (p. 27): “Its sunnahs include the siwāk, then the tasmiyah (saying Bismillāh), joined with the intention (niyyah), at the start of washing the hands.” And Allah Almighty knows best.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

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

Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]

According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What are the legal and religious consequences for a charitable organization in the event that a sacrificial animal is damaged or spoiled after slaughter?

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

Charitable organizations entrusted with slaughtering sacrificial animals (uḍḥiyyah) and distributing their meat on behalf of their owners are obligated to safeguard the meat from spoilage, damage, theft, and any other harm. This is because such organizations act as agents (wukalā') on behalf of those offering the sacrifice, and an agent holds what is entrusted to them in trust (amānah) — whether they receive a wage for their work or act on a voluntary basis.

If the sacrificial animal is damaged after slaughter during the processes of packaging, transportation, or storage due to negligence or oversight — whether on the part of the organization's own staff overseeing the operation, or on the part of third parties contracted by the organization such as transport or shipping companies — then liability falls upon the negligent party, who is required to compensate for the value of the sacrifice. It is not permissible to cover such compensation from the organization's other donor funds.

However, if the damage to the sacrificial animal occurs without any negligence in its preservation and storage on the part of any party involved in the transportation, shipping, or storage process, and is instead attributable to force majeure circumstances beyond their control, then no financial liability is borne by any party in such a case. And Allah Almighty knows best.

What is the ruling on reciting the takbīr from Sūrat aḍ-Ḍuḥā to Sūrat an-Nās upon completing the recitation of the Qur'an (khatm)?

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

It is recommended to recite the takbīr from the beginning of Sūrat aḍ-Ḍuḥā through to the end of Sūrat an-Nās, and this is the recitation practice of the people of Makkah.

It is stated in Nihāyat az-Zayn (p. 65): "It is sunnah to begin each sūrah with the basmalah, since it constitutes a verse of it. It is also sunnah to say, before each sūrah — from aḍ-Ḍuḥā to the end of the Qur'an — 'Lā ilāha illallāh, wallāhu akbar' (There is no god but Allah, and Allah is the Greatest), based on what has been narrated regarding Imam ash-Shāfi‘ī (raḍiyallāhu ‘anh), who heard a man reciting this takbīr in prayer, and said to him: 'You have done well, and you have hit upon the sunnah.'"

And Allah, the Exalted, knows best.