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Resolutions of Iftaa' Board

Resolution No.(191): "Over Denouncement of the Israeli Attempts To Divide Al-Aqsa Holy Mosque"

Date Added : 19-11-2015

Resolution No.(191)(11/2013) by the Board of Iftaa`, Research and Islamic Studies:

"Over Denouncement of the Israeli Attempts To Divide Al-Aqsa Holy Mosque"

Date: the 2nd of Muharram , 1435 A.H, corresponding to the 6th of November , 2013 A.D.

 

 All perfect praise is due to Allah, The Lord of The Worlds; and may His peace and blessings be upon Prophet Mohammad and upon all his family and companions:

The Board of Iftaa`, Research and Islamic Studies discussed, in its tenth session held on the above given date, the Israeli aggression against Al-Aqsa Mosque; consequently, it has issued the following statement :

 Allah ,The Exalted ,Has Honored Al-Aqsa Mosque with a special status in the hearts of all Muslims, emanating from the essence of their belief  as it is the first of the two Kiblahs (Al-Aqsa Mosque and The Sacred Mosque of Makkah), the second of the two holy mosques (The sacred mosques of Makkah and Medina), the third of the Haraams as well as the place from where the Messenger (PBUH) embarked on his nocturnal journey (Al-Israa`wal Mi`raaj). Al-Aqsa Mosque is a sacred destination that the hearts of Muslims long to, and where their  rewards  are multiplied. The Messenger (PBUH) said: “You should not undertake a special journey to visit any place other than the three mosques: the Sacred Mosque of Makkah, this Mosque of mine and Al-Aqsa Mosque (of Jerusalem )." {Agreed upon}.

We, members of The Jordan Iftaa` Board, who are privileged with a wise Hashemite leadership that spares no effort in restoring and defending Al-Aqsa Mosque based on a deeply-rooted Islamic conviction that tightly bonds all Muslims, stress our dismissal of the Israeli acts of escalation which are intended to provoke the feelings of  Muslims as well as divide and judaize  the Mosque. Allah, The Exalted, Said (What means): “And who does greater evil than he who bars God's places of worship, so that His Name be not invoked in them, and strives to ruin them?; such men might never enter them, save in fear; for them in this world is degradation; and in the Hereafter a mighty chastisement." {Al-Baqarah/114}. 

We highly appreciate the steadfastness of our Palestinian brothers  and commend their heroic defense of Jerusalem and the holy places. We beseech Allah to grant them victory and keep them strong. In this era, it is the duty of  Muslims: people, leaderships, governments or thinkers to defend Al-Aqsa against different threats and offences.

 We sincerely pray that Allah pardons our sins , achieves our aspirations , grants us victory  and helps us retrieve our holy places; that is surely no difficult matter for Allah. And all perfect praise be to Allah, The Lord of The World.

 

 Chairman of the Iftaa` Board 

The General Mufti of The Hashemite Kingdom of Jordan/Abd Al-Kareem Al-Khasawneh .

Prof.Haiel Abd Al-Hafeed /member               Prof.Abd Al-Naasir Abu Al-Basal

His Eminence :Sheikh Sa`id Al-Hijawi/member             Dr.Yahia Al-Botosh

Prof.Mohammad Al-Gdah                              Dr. Mohammad Khair Al-Es

Dr.Wasif Al-Bakri / member                            Dr. Mohammad Al-Khalaileh/member

Dr.Mohammad Al-Zo`bi/member      

 

 

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Summarized Fatawaa

Is Fajr (dawn) Sunnah a confirmed one?

All praise be to Allah The Lord of The Worlds                                                                                                                                                                                  Of course, it is a confirmed Sunna which the Prophet (PBUH) used to offer in a regular basis. And Allah Knows Best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

Is it enough to say Tasbeeh (Saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood ) once, or twice during Rukoo`(Bowing in prayer) and Sujood (Prostration)?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                  Yes, saying Tasbeeh once during Rukoo` and Sujood is enough, provided that the worshiper`s attentiveness of the heart isn`t undermined during each. As regards the recompense, it depends on the number of Tasbeeh. And Allah Knows Best.

If a person enters a mosque and finds the congregation in the final tashahhud, which is more virtuous — joining them or waiting for a second congregation to catch the opening takbīr (takbīrat al-iḥrām)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a worshipper finds a congregation that is about to finish its prayer, and he hopes to catch the entire prayer from the beginning with another congregation, it is more virtuous for him to pray with this first congregation and then repeat the prayer with the second one — provided he does not intend to confine himself to a single prayer. If, however, he intends to perform only one prayer, then it is more virtuous for him to wait for the second congregation rather than joining the first, so that he may attain the reward of congregational prayer for every single rakʿah.
Al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "If members of a congregation enter the mosque while the imam is in the final tashahhud, al-Qāḍī Ḥusayn held that it is recommended for them to join him in prayer, and that they should not delay in order to form a second congregation. Al-Mutawallī, however, affirmed the opposite view, and al-Qāḍī's own statement elsewhere supports this latter position, which is the relied-upon view. In fact, it is more virtuous for a person who has missed part of the prayer with one congregation, and who hopes to catch another congregation with whom he can attain the entire prayer within its proper time, to delay so that he may catch it in full with them. This applies when he intends to confine himself to a single prayer; otherwise, it is more virtuous for him to pray with the first group and then repeat the prayer with the others." [Mughnī al-Muḥtāj,Vol. 3/P.186] And Allah the Almighty knows best.

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