The Iftaa` Department Refrains from Interfering in the Judiciary

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Summarized Fatawaa

What is the ruling on performing voluntary (nafl) prayer during the time of istiwā' (the sun's zenith) on the day of Jumu‘ah (Friday), and is this ruling specific to someone who has come to the mosque to perform the Jumu‘ah prayer?

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

It is permissible to perform voluntary (nafl) prayer during the time of istiwā' (the sun's zenith, i.e., its highest point before noon) on the day of Jumu‘ah (Friday) — whether for someone who is attending the Friday prayer or someone who is not, and whether they are among the people obligated to attend it or not.

It is stated in Mughnī al-Muḥtāj (Vol.1/P.310): "The more correct position (al-aṣaḥḥ) is that prayer is permissible during this time without restriction — regardless of whether the person will be attending the Jumu‘ah prayer or not." And Allah, the Exalted, knows best.

What is the ruling on making up missed fasts from many years?

A Muslim must make up for any missed fasts, as they are a debt owed to Allah. The Prophet ﷺ said:

"The debt owed to Allah is more deserving of being fulfilled." [Narrated by Muslim]

Whoever has missed fasts must make them up as long as they are alive and capable of fasting.

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.

Which is better in night prayer: long standing (Qiyam) or long prostration (Sujood)?

Long standing (Qiyam) is better in prayer. However, a Muslim should also observe tranquility and composure in their prayer.

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The Iftaa` Department Refrains from Interfering in the Judiciary

Author : The General Iftaa` Department

Date Added : 23-03-2023

The Iftaa` Department Refrains from Interfering in the Judiciary

Some media reported that the General Iftaa` Department refrained from issuing a Fatwa on the inadmissibility of the testimony of the woman who doesn`t wear Hijab.

In response to this claim, the Department wishes to make clear that the requested Fatwa is related to a case pending before the court. Therefore, it refrained from issuing that Fatwa to ensure the impartiality and independence of the judiciary system, the integrity of its provisions and non-interference in its affairs, as provided for in the legislations in force. This is to achieve justice and preserve the rights of the litigants.

The Department asserts that non-interference in cases pending before the court is its adopted approach since its establishment to safeguard the integrity of litigation from any external influences.

Only Allah leads to prosperity and guides to the straight path•

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Summarized Fatawaa

I bought an apartment, and I am saving money to pay the remaining balance of its price — is zakāh obligatory on this money?

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

Zakāh is obligatory on all saved/hoarded wealth. Once the total wealth reaches the niṣāb (minimum threshold liable for zakah— equivalent to the value of 85 grams of pure 24-karat gold) and a full ḥawl (lunar year) has elapsed over it, zakāh becomes obligatory at a rate of (2.5%) — even if the wealth is earmarked for basic future needs, and even if the wealth's owner is in debt. Debt does not prevent the obligation of zakāh, nor is it deducted when calculating the zakāh due, based on the general and unrestricted wording of all the Qur'anic verses commanding zakāh, which draw no distinction between someone in debt and anyone else.

It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone possesses exactly the niṣāb, and owes an equivalent amount in debt, zakāh remains obligatory on what is in his possession, and the debt does not prevent this obligation" — meaning, the obligation of zakāh on what is presently in his possession.

The ḥawl (annual cycle) recognized for zakāh, as well as for the other sharī‘ah obligations that Allah, the Exalted, has imposed upon Muslims, is the Hijrī (lunar) year. And Allah, the Exalted, knows best.

Is it permissible for a young man and a young woman to enter into a covenant as a married couple without having a true seclusion (Khalwah) until their marriage contract is officially concluded?

The relation which isn`t based on a marriage contract is forbidden, and entering into a covenant as a married couple is unaccounted for and is from the evil suggestions of the devil.

Does the clipping of nails nullify ablution?

No, it does not, and it is preferable to wash the hands afterwards.

What is the ruling on water that contains ornamental fish — does it become impure on account of their waste?

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

The water in a pond containing ornamental fish is pure so long as it has not been altered, for a small amount of fish waste (rawth) is pardoned and overlooked — provided it does not change the water.

It is stated in Ḥāshiyat al-Jamal ʿalā Sharḥ al-Manhaj (Vol.1/P.178): "A small amount of hair from a non-edible animal is pardoned, as is a small amount of hair from a riding animal — on account of the hardship involved in avoiding it — and likewise a small amount of fish waste is pardoned, unless it alters the water." And Allah the Almighty knows best.