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People`s Honor is inviolable
Author : The General Iftaa` Department
Date Added : 14-05-2023

People`s Honor is inviolable

 

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions. Allah says {what means}: " Say: the things that my Lord hath indeed forbidden are: shameful deeds, whether open or secret; sins and trespasses against truth or reason; assigning of partners to God, for which He hath given no authority; and saying things about God of which ye have no knowledge." {Al-`Araf, 33}.

The Message of Islam delivered to humanity through Prophet Mohammad (PBUH) steers societies and civilizations to the straight path, spreads love and mercy, fights all forms of transgression and destruction from which Islam is innocent.

Amongst the higher objectives of Sharia (Maqasi) is preserving honor and lineage as well as building family on sound foundations according to the rules of true Sharia, which made marriage a permanent sacred contract and a solemn covenant to establish the family and protect it against transgression and corruption.

Islam considered violating the honor and property of Muslims as a grave sin that entails penalties in this life and the next, in addition to considering this an act of injustice to self and society. Indeed! Allah doesn`t love those who do wrong.

Part of the affliction that we are noticing nowadays is that some who claim to be scholars use social media to launch twisted calls that involve twisting Sharia texts and taking them out of their context to serve certain purposes that don`t lie in the best interest of the Muslim nation. Rather, they distort the luminous image of Islam, twist its noble objectives, and spread discord and dissension.

One of these corrupt calls is the call for establishing families without the valid marriage contract that adheres to the teachings of Sharia. This is knowing that Sharia presented family provisions in details to hinder the mischievous or the ignorant from tampering with them. 

It is the duty of the Iftaa` Department to warn against the perverted views that are formulated in the shape of Fatwa. It stresses that these don`t represent the true nature of Fatwa nor the considerable opinions of the learned men of the faith. This is because they don`t rest on correct evidence, aren`t issued by the considerable and qualified scholars of Fatwa and they include rulings that are corrupt and contradict with the higher objectives of Sharia.

We pray that Allah bless this country with peace and security along with the rest of the Muslim countries.

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Summarized Fatawaa

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

Is it valid for the 'aqīqah to be performed using the newborn child's own wealth?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible for the guardian to perform the 'aqīqah using the newborn child's own wealth, because the 'aqīqah is a voluntary act of giving (tabarru'), and a guardian is prohibited from making voluntary expenditures from the child's wealth. Should he do so, he becomes financially liable for what he spent. And Allah Almighty knows best.

What are the key differences between the 'aqīqah and the uḍḥiyyah?

 All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The following are the key differences between the 'aqīqah and the uḍḥiyyah:
First: The 'aqīqah is slaughtered as an act of drawing closer to Allah the Almighty and expressing gratitude for the blessing of a newborn child. The uḍḥiyyah, on the other hand, is slaughtered as an act of drawing closer to Allah and expressing gratitude to Him specifically during the days of slaughter (ayyām al-naḥr).
Second: The 'aqīqah is performed on the seventh day from the birth of the newborn, whereas the uḍḥiyyah is performed on Eid al-Aḍḥā and its time extends for three days after the Eid.
Third: The 'aqīqah is performed once in a lifetime for the newborn, whereas the uḍḥiyyah is recommended every year for the one who is financially capable to offer it.
Fourth: It is Sunnah for the one intending to offer the uḍḥiyyah to refrain from cutting his hair and nails until after he has slaughtered. This is not a Sunnah for the one intending to perform the 'aqīqah.
Fifth: It is Sunnah for the 'aqīqah to be cooked and distributed to the poor in its cooked form. The uḍḥiyyah, by contrast, must be distributed as raw meat. And Allah Almighty knows best.

Should the Zakah (obligatory charity) giver tell the poor recipient that this is the Zakah of his money?

No, he shouldn`t. But, the Zakah giver should make an intention in his heart that it is the Zakah of his money when paying it to the poor. And Allah Knows Best.

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