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The General Iftaa` Department`s Statement: The Religion is Naseehah (Sincere Advice)
Author : The General Iftaa' Department
Date Added : 07-10-2024

 

Praise be to Allah, the Lord of the Worlds, and peace and blessings be upon His Messenger. Afterwards:

Allah has made advice a fundamental principle of religion, and indeed, the Prophet, peace be upon him, stated that it is the very essence of religion. This is because its benefits extend to all people, beginning with the one who gives advice, who purifies his own religion and seeks the highest of matters, and ending with the one who receives the advice and benefits from it by being protected from harm. The Messenger of Allah, peace be upon him, said: "Religion is advice." We asked: "To whom?" He replied: "To Allah, to His Book, to His Messenger, to the leaders of the Muslims, and to the common people of the Muslims." [Agreed upon].

Advice means guidance towards that which is beneficial. It is to guide someone towards the right path and to encourage them to do good deeds that will bring them happiness and success. It is also to enlighten someone about the dangers so that they may avoid them. Advice is one of the duties of prophets and a characteristic that distinguishes them. Allah Says (What means): "And I said: 'O my people, I have indeed conveyed to you the message of my Lord and have given you sincere advice." [Al-A'raf/79].

Allah has commanded us to emulate the character of these prophets, peace be upon them, and to follow their example in giving advice and guidance. This is the way of Allah with His righteous servants. Al-Hasan al-Basri said: "There have always been people for Allah who give sincere advice to Allah concerning His servants, and give sincere advice to the servants of Allah concerning the rights of Allah upon them, and work for Him on earth with sincerity. These are the successors of Allah on earth." [Lata'if al-Ma'arif by Ibn Rajab].

Advice is one of the most important matters that Allah has obligated upon Muslims so that their lives may be upright and none of them may deviate. Jarir Ibn Abdullah reported: "I pledged allegiance to the Messenger of Allah, peace be upon him, to establish prayer, pay Zakat, and give sincere advice to every Muslim." [Agreed upon]

And because "a Muslim is the mirror of his brother" - as the Prophet, peace be upon him, informed us (as narrated by Ibn Khuzaymah) - it is the right of one Muslim upon another to be sincere towards him in all matters of his life and to desire good for him in his religion, his worldly life, and his livelihood. The Messenger of Allah, peace be upon him, said: "The rights of a Muslim over another Muslim are six." It was said: "What are they, O Messenger of Allah?" He replied: "If you meet him, greet him, and if he invites you, accept his invitation, and if he seeks your advice, advise him, and if he sneezes and praises Allah, then greet him, and if he falls ill, visit him, and if he dies, attend his funeral." [Moslim]. In addition, among the supplications of the Prophet, peace be upon him, was: "O Allah, set right for me my religion that is the safeguard of my affairs, and set right for me my world wherein my living is, and set right for me my Hereafter wherein my return is, and make life an increase for me in every good, and make death a relief for me from every evil."

Therefore, a Muslim who gives sincere advice to his brothers and desires good for them, and is safe from their tongues and hands, has fulfilled his duty. The Prophet, peace be upon him, said: "The Muslim is he from whose tongue and hand the Muslims are safe." [Agreed upon]. Safe from his tongue means that he does not backbite them, mock them, or impose upon them that which causes them embarrassment or hardship.

It is also incumbent upon a person to begin giving advice to himself, out of commitment and application, so that he may not be among those about whom Allah Says (What means): "Do you order people to be righteous while you forget yourselves, even though you recite the Book? Then will you not understand?" [Al-Baqarah/44]. Abu Bakr Al-Ajurri said: "No one can be sincere to Allah, His Messenger, the leaders of the Muslims, and the common people of the Muslims except the one who begins with giving sincere advice to himself and strives in knowledge and understanding, so that he may know what is obligatory upon him, and know the enmity of Satan towards him and how to be wary of him, and know the ugliness of that to which the soul inclines so that he may oppose it with knowledge."

Sincere advice should be purely for the sake of Allah so that the Muslim may obtain its reward and recompense. It should be given with gentle words that are accepted, and in a manner that is befitting of a reformer who is concerned for his brothers. It should also be given in private and according to the situation, so that it does not become a public humiliation that causes the one who receives the advice to become stubborn and increase in his error and sin. Imam Al-Shafi'i said: "Advise me privately, and spare me from giving advice in public, For advising people in public is a kind of rebuke that I do not enjoy hearing."

All praise is due to Allah, the Lord of the Worlds.

 

 

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Summarized Fatawaa

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

What is the ruling on someone who combines two prayers as an early combination (jam‘ taqdīm), and then arrives at his place of residence during the time of the second prayer — is he obligated to repeat it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Whoever combines Ẓuhr and ‘Aṣr while traveling — that is, before he has reached the built-up boundaries of his hometown [upon returning] — his combination (jam‘) of the two prayers remains valid, even if he arrives at his place of residence before the time for the second prayer has actually begun. This is because the combination was already validly completed with its proper conditions fulfilled, and he is not obligated to repeat the second prayer [upon arrival].
A traveler is permitted to make use of the concessions of shortening (qaṣr) and combining (jam‘) prayers once the distance of travel reaches (81 km) or more, provided that his journey is a permissible one, and that he begins shortening and combining only after actually setting out on the journey and passing beyond the built-up limits of the city in which he resides. And Allah, the Exalted, knows best.

What is the ruling on using the *subḥah* (prayer beads) to count during *tasbīḥ* and *dhikr*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is recommended to use the ordinary or electronic subḥah (prayer beads or counter) to count tasbīḥ, dhikr, and istighfār, because it helps one to remember Allah. Many reports have been transmitted from the Companions and the Followers (tābiʿūn) showing that they continued to use strings of date pits as an aid to dhikr and tasbīḥ.
It is one of the lawful means of worship. Indeed, what is established from the Prophet (peace and blessings be upon him), namely that he counted tasbīḥ on his right hand, shows that it is permissible to count tasbīḥ with whatever helps a Muslim keep track of the number. There is therefore no basis for calling it an innovation (bidʿah), and we know of no jurist who said so.
Al-Ḥāfiẓ al-Suyūṭī (may Allah have mercy on him) wrote a dedicated treatise on the subject titled al-Minḥah fī al-Subḥah, printed within al-Ḥāwī li’l-Fatāwī (vol. 4–6).
Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī (may Allah have mercy on him) was asked: Does the subḥah have a basis in the Sunnah? He replied: “Yes, and al-Ḥāfiẓ al-Suyūṭī wrote on this. Among the evidence is what is authentically reported from Ibn ʿUmar (may Allah be pleased with them both): ‘I saw the Prophet (peace and blessings be upon him) counting tasbīḥ on his hand.’ Ibn Abī Shaybah, Abū Dāwūd, and al-Tirmidhī also narrated: ‘Hold fast to tasbīḥ, tahlīl, and taqdīs, and do not be heedless, lest you forget the affirmation of Allah’s oneness (tawḥīd). Count them on the fingertips, for they will be questioned and made to speak.’ Counting tasbīḥ with pebbles, date pits, and a knotted string has also been reported from a group of the Companions and those after them. Some scholars held that counting on the fingertips is better than the subḥah, based on the ḥadīth of Ibn ʿUmar. Others distinguished, saying: if the one reciting is safe from miscounting, counting on the fingertips is better; otherwise the subḥah is better.” [al-Fatāwā al-Fiqhiyyah al-Kubrā, Vol.1/p.152]. And Allah Almighty knows best.

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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