Articles

On the Occasion of Launching the Iftaa` Department`s Website
Author : Dr Noah Ali Salman
Date Added : 02-04-2024

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. This website serves as a means for the General Iftaa Department in the Hashemite Kingdom of Jordan to communicate with the Muslim community, receive their questions and inquiries, and provide answers, God willing. Through this website, they can also access the research and information available at the Department that it wishes to share with them. The Department is an official entity as it is one of the academic institutions in the kingdom. Therefore, it is keen on providing accurate and verified answers. It has entrusted a group of muftis working within the Department to answer questions. They formulate the answers and discuss them among themselves, taking into consideration the evidence from the Quran, the Sunna of the Prophet Mohammad (peace be upon him), and the deductions of the Islamic jurists whose opinions and interpretations are accepted and respected by the Muslim community. A group of competent researchers assists the muftis. The Department has a committee that addresses issues requiring a collective fatwa (Religious edict). However, for emerging matters, issues of general societal concern, and cases forwarded to the Department by official entities such as ministries, these fall under the jurisdiction of the Iftaa` Council, which comprises a select group of scholars. For matters requiring specialized knowledge, the Council may also seek expertise from specialists in fields like medicine, chemistry, and astronomy. The Department exchanges opinions and expertise with fatwa institutions in the Arab countries. It also welcomes suggestions from readers who have experience in managing such websites. Additionally, we encourage receiving questions related to Islamic sciences, and we pray to Allah for guidance in providing accurate answers. Asking scholars about religious matters is a religious duty. Allah, The Almighty Says (What means): "So ask the people of the message if you do not know" [An-Nahl/43]. The Prophet Mohammad (peace be upon him) also said: "Why did they not ask when they did not know? The only cure for ignorance is to ask." [Abu Dawood]. This is because a Muslim is keen to ensure that their actions are in accordance with Islamic law. Allah The Exalted Says (what means): "So whoever follows My guidance will neither go astray [in the world] nor suffer [in the Hereafter]" [Taha/123]. In conclusion, we hope to assist our Muslim brothers in understanding the religious rulings so that they may act upon them. May peace and blessings be upon our Prophet Mohammad, and upon his family and companions, all together., all together.

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Summarized Fatawaa

Is it permissible to make ablution without answering the call of nature after waking up?

Washing front and back openings (Istinjaa`) is not a condition for the validity of ablution because it is done to remove Najaasah (impurity), thus if there is no Najaasah, there is no need for that, and then it is permissible to make ablution without answering the call of nature. However, prayer is invalidated if there is Najaasah on the anus ,or the front opening, so it (Najaasah) must be removed for the prayer to become valid, and not the ablution.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Does buying meat equivalent to the weight of a slaughtered animal and distributing it avail for an udhiyah?

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
That does not avail for the sacrifice (uḍḥiyyah), because the sacrifice necessarily requires slaughtering an animal from the category of anʿām (camels, cattle, and sheep/goats) within a specified time.
 
Rather, that is considered a form of charity (ṣadaqah) for which one is rewarded, but not an udhiyah. And Allah Almighty knows best.