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About the Mistake Made by Taking the Fatwa on Serving Food during the Day Time of Ramadan out of its Context
Author : The General Iftaa` Department
Date Added : 11-06-2023

About the Mistake Made by Taking the Fatwa on Serving Food during the Day Time of Ramadan out of its Context

 

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

 

The General Iftaa` Department attracts the attention of all its followers to the need to take the context and subject of the Fatwa into consideration, not to remove it out of its circumstance, and not to generalize its intended meanings from near or far. This pertains, in particular, to the answers forwarded to the asker through his/her personal email since they aren`t characterized as absolute and general. Rather, they address a certain case and circumstance.

 

The General Iftaa Department had answered one of the questioners about a fasting person making “Breakfast, lunch or coffee for a non-fasting person… and he is forced to do so because his manager orders him to do that.” This is according to the text of the question.

 

The answer was that helping in such sin is forbidden because a Muslim wouldn`t help a Muslim in not observing fast during daytime of Ramadan unless that Muslim had a lawful excuse such as illness, travel and the like.

 

The answer given by the Department read as follows: "You aren`t allowed to serve coffee and tea during the day time of Ramadan to someone who disobeys Allah by violating the sanctity of this sacred month without a valid excuse. This is because what you are doing is helping in sin while Almighty Allah says {What means}: "Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah. for Allah is strict in punishment." {Al-Ma`idah, 2}.

 

However, some people misunderstood this Fatwa and said that the Department bans the excused and non-Muslims from eating during the daytime of Ramadan!

 

Accordingly, it was imperative that We clarify the fact of the matter, so We said that the banning pertains to the Muslims who broke fast without a valid excuse and didn`t impose any difficulty on people with excuses. This is in addition to not transgressing against the special nature of other faiths nor addressing non-Muslims.

 

The fact that Fatwa is a responsibility obliges everyone to observe honesty in delivering Fatwa, prudence, and accuracy of expression, and if there is a confusion or a problem, the Iftaa` Department is always ready to make things clear. Allah the Almighty says {What means}: " And pursue not that of which thou hast no knowledge; for every act of hearing, or of seeing or of (feeling in) the heart will be enquired into (on the Day of Reckoning)." {Al-Isra`, 36}. And Allah the Almighty knows best.

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Summarized Fatawaa

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

A group of about thirty young men will go to a farm on Friday. Is it permissible for one of us to deliver the sermon (*khuṭbah*) and lead us in the Friday prayer, or is it necessary to go to the nearest mosque?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The Friday prayer (Jumuʿah) is not obligatory upon a traveler, whether his journey is long or short, if he leaves his place of residence before the time of Fajr begins, according to the Shāfiʿī school. If, however, he sets out on his journey after the Fajr adhān, then he is obliged to perform the Friday prayer, whether in his own town or in any town where the Friday prayer is held.
It is stated in Bushrā al-Karīm (Vol.1/p.383), one of the books of the Shāfiʿī school: “[The Friday prayer] is not obligatory upon a traveler on a permissible journey, whether long or short, if he departs from his place of residence before dawn.” End quote.
Accordingly, if you set out on your journey after Fajr, you are obliged to perform the Friday prayer in the mosque. The same applies if you set out after that, since you would not have fulfilled the conditions for the validity of the Friday prayer, among them: that it be attended by forty men who are free, adult (bāligh), sane, and settled residents of the place where Friday is held. It must be held within a cluster of connected buildings, whether a city, a village, or a district (liwāʾ), for what counts is the gathering of the buildings. And Allah Almighty knows best.

Is it a condition that one should offer two sacrifices for a male newborn?

It is desirable to offer two sheep for a male newborn, and one for a female newborn. Offering one sheep for the male newborn is also permissible as it observes the Prophet`s Sunnah in this regard.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

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