The Grand Mufti Commends the King`s Speech

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The Fatwa Department of the Hashemite Kingdom of Jordan was founded in 1921. Since its formation, it has relied upon Hanafi fatwas which were in use during the Ottoman era, and the Mufti has answered the questions of members of the public, whether they relate to worship or financial transactions or personal statutes, and it has assigned a mufti to each judge in cities both large and small. The judge seeks the mufti's assistance in solving social problems, just as the mufti refers to the judge matters which are not within the mufti's jurisdiction and which require evidence and witnesses....
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Summarized Fatawaa

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

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

Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."

Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]

Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj, Vol.1/P.154]

Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.

When does the time for the 'aqīqah lapse and pass?

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

If the guardian was financially capable (mūsir) during the majority of the postnatal period (nifās) — which is sixty days — then the obligation of the 'aqīqah remains upon him until the child reaches the age of maturity (bulūgh). Once the child reaches maturity, the demand falls away from the father and those like him. At that point, it becomes Sunnah for the child himself to perform the 'aqīqah on his own behalf.

However, if the guardian was financially incapable (mu'sir) during the postnatal period, and then became financially capable after its expiry — that is, after sixty days — the 'aqīqah is no longer required of him. And Allah Almighty knows best.

What is considered a woman`s Awrah (parts of the body that must be concealed during prayer) while offering prayer, and is her foot part of it?

A woman`s whole body is considered an Awrah while offering prayer except the hands and the face. Thus, her foot is an Awrah as well. And Allah Knows Best.

Is it incumbent on the fiancée to obey her fiancé?

When the woman settles in her husband`s house, it is incumbent on him to provide for her and it is incumbent on her to obey him. Before that, and if the marriage contract had been concluded, then she is lawfully his wife and thus she should abide by custom in treating him, but if the marriage contract hadn`t been concluded, then she should treat him as a non-Mahram (Marriageable).

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The Grand Mufti Commends the King`s Speech

Author : His Grace Shiekh Abdulkareem Al-Khasawneh

Date Added : 15-05-2023

The Grand Mufti Commends the King`s Speech

In the Name of Allah, the Most Gracious, the Most Merciful

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

It is an honor to commend the speech delivered by His Majesty King Abdullah before the UN General Assembly, warning against the danger and terrible effects of terrorism.

Today, the world is in a dire need for love, peace, mercy, justice, tolerance, equality, moderation and harmony. Allah the Almighty says {What means}: "but My mercy extendeth to all things." {Al-A`raf, 156}. These are the demands of His Majesty as an Arab Muslim leader from the Hashemite family and as a custodian of the Muslim as well as Christian holy sites.

I highly value the content of His Majesty`s speech and emphasize the following:

First: Terrorism and extremism can`t be addressed save through achieving justice and equality, ending injustice and transgression, holding the wrongdoers to account and helping the wronged.

Second: Acts of worship were legislated in Islam to acquaint a person with good morality and adherence to that regardless of circumstances. This is because these acts of worship should be reflected as good character that purifies one`s soul and disciplines one`s behavior with Allah and people so as not to stray from the right path. Allah says {What means}: "God commands justice, the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and injustice and rebellion: He instructs you, that ye may receive admonition." {An-Nahil, 90}. Abu Hurairah (May Allah be pleased with him) reported: The Prophet (PBUH) said, "If one does not eschew lies and false conduct, Allah has no need that he should abstain from his food and his drink."[Al-Bukhari].

Third: By virtue of the Hashemite custodianship over Muslim and Christian sanctities, we emphasize the right of the Palestinian people in their land and national soil as well as their independent state with Jerusalem as its capital. We also emphasize respect for peaceful coexistence and humane and ethical treatment between peoples, and reject threats to which the holy sites are subjected.

Fourth: Verbal communication is of great importance as it leads to reaching levels of desired perfection. Moreover, communication by word and deed, at schools and universities and throughout every life aspects, wouldn`t be complete save with good word and eschewing indecency. Ibn Mas'ud (May Allah be pleased with him) reported: The Messenger of Allah (PBUH) said, "A true believer is not involved in taunting, or frequently cursing (others) or in indecency or abusing."[At-Tirmidhi]. Accordingly, upon communication, the good word is a charity.

Fifth: Hatred, rancor, extremism and terrorism are signs of ignorance and enmity towards Islam. Therefore, extremists will not rest until they do mischief, wreak havoc, kill, torture and burn.

Renouncing violence, extremism and Takfir (Accusing Muslims of disbelief) as well as purifying one`s-self from evil words and deeds is the essence of prayer and all acts of worship. A man asked the Prophet, “Which of the Muslims is best?” He replied, “He from whose tongue and hand the Muslims are safe.” {Bukhari}.

We pray that Allah bless our country with safety and security and spare it the scourge of trials and tribulations, be they revealed or concealed. And all perfect praise be to Allah the Lord of the worlds.

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Summarized Fatawaa

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.

Is it permissible for a woman to ride a taxi without a Mahram (unmarriageable kin) in order to attend a gathering of knowledge?

It is permissible for the woman to pursue the knowledge that she needs in order to perform the religious requirements due on her if there was nobody to teach her at home, provided that there is no temptation involved. Moreover, we don`t recommend that she rides a taxi without a Mahram although such an act isn`t from the forbidden Khulwah (seclusion).

What is required of one who doubts the number of rakʿāt during prayer?

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

If a person doubts the number of rakʿāt he has prayed, he should build upon the lesser number, as that is what he is certain of. He should then perform the prostration of forgetfulness (sujūd al-sahw) before the final salām at the end of the prayer. ʿAṭāʾ ibn Yasār narrated that the Messenger of Allah ﷺ said: "When any one of you is in doubt during his prayer and does not know whether he has prayed three rakʿāt or four, let him pray one more rakʿah and then perform two prostrations while seated before the salām. If the rakʿah he prayed was a fifth, these two prostrations will make it even; and if it was the fourth, then the two prostrations serve as a humiliation for the devil." (Reported by Abū Dāwūd.)

It is stated in al-Muqaddimah al-Ḥaḍramiyyah — one of the foundational texts of the Shāfiʿī school: "If one doubts whether he has prayed three rakʿāt or four, he is obliged to build upon the lesser number."

However, if such doubt recurs repeatedly and reaches the level of obsessive whispering (waswasah), he should not build upon the lesser number in that case — rather, he should build upon the greater number. And Allah the Almighty knows best.

Is it valid to perform the obligatory prayer while sitting?

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

Standing (Al-Qiyam) while having the ability to do so is one of the pillars (Arkan) of the prayer; the obligatory (Faridah) prayer is not valid without it. However, whoever is unable to stand may pray sitting down. As for voluntary (Nafilah) prayers, it is permissible to pray them sitting even if one is able to stand, but the one sitting receives half the reward of the one who prays standing. And Allah the Exalted knows best.