Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(195): "Over the Denouncement of the Israeli Attempts to End the Jordanian Custodianship over Al-Aqsa Holy Mosque"

Date Added : 24-11-2015

 

Resolution No.(195)(4/2014) by the Board of Iftaa`, Research and Islamic Studies:

 "Over the Denouncement of the Israeli Attempts to End the Jordanian Custodianship over Al-Aqsa Holy Mosque"

Date: 17/Rabee` Ath-thani/1435 AH, corresponding to 17/2/2014.

 

All perfect praise be to Allah, The Lord of The Worlds; and may His Blessings and peace be upon the Messenger of Allah and His family and Companions.


 On its third session held on the afore-given date, the Board reviewed the dangers facing Al-Aqsa Mosque. Accordingly, it has issued the following statement:

 

  Allah ,The Exalted ,Has Privileged Al-Aqsa mosque with a special place in the hearts of all Muslims emanating from the basis of their belief since it (Al-Aqsa mosque) is the first of the two Qiblahs (Al-Aqsa mosque and The Sacred Mosque of Makkah), the second of the two holy mosques (The sacred mosques of Makkah and Medina) ,and 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 place that attracts the hearts of all Muslims and praying there entails receiving multiple rewards from Almighty Allah. 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 Iftaa` Board of Jordan, the country which is privileged by a wise Hashemite leadership that spares no effort in restoring and defending Al-Aqsa mosque out of a deeply-rooted belief that tightly bonds all Muslims, stress our rejection to all provocative acts undertaken by the oppressive Israeli enemy against Muslims with the aim of dividing and Judaizing  the Mosque as well as threatening to end the Jordanian custodianship over it . 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 ask Allah to grant them victory and keep them strong.   

It is the religious duty of all Muslims today: people, leaderships, governments, and intellectuals to protect Al-Aqsa Mosque against different threats and violations. We confirm that custody over the Mosque is the right of all Muslims represented by the Hashemite leadership by virtue of its historical heritage and the stewardship agreement it had signed with the Palestinian Authority, not the Israeli occupation authorities whose actions are totally denied in this regard. It is not permissible in Sharia to squander the custodianship over these holy sites or to give up on them.

 

   We beseech Allah to Pardon our sins, fulfill our aspirations and favor us with victory, and that is surely no difficult matter for Allah. And all perfect Praise be to Allah, The Lord of The Worlds.


Head of 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/member

         Prof. Mohammad Al-Gdah
              Dr. Mohammad Khair Al-Essa
          Dr. Wasif Al-Bakri / member
                         Dr. Mohammad Al-Khalaileh/member
     Dr. Mohammad Al-Qdah
                   Dr. Mohammad Al-Zo`bi/member

 

 

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Summarized Fatawaa

What are the conditions for a valid Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
First: The age of the animal must meet the Sharia requirements. These requirements vary depending on the type of sacrifice:
 
Camels: Must have completed five years and entered their sixth.
 
Cows: Must have completed two years and entered their third.
 
Goats: Must have completed two years and entered their third. As for Sheep, they must have completed one year and entered their second.
 
Some scholars have permitted goats that have completed one year and entered their second.
 
The Hanafi school, along with an opinion in the Maliki school, permits sacrificing sheep that are at least six months old, provided they are healthy and physically substantial. According to the Shafi’i school, it is permissible if the sheep sheds its front teeth (ajdha') before reaching one year [Al-Iqna’, by Al-Shirbini (Vol.2/P.588)].
 
Second: Soundness and freedom from defects. The animal must be free from any defect that causes a decrease in its meat or market value. This is based on the hadith narrated by Al-Bara' bin 'Azib, that the Prophet (peace be upon him) said:
 
"Four [defects] are not permissible in sacrifices: A one-eyed animal whose blindness is evident, a sick animal whose illness is evident, a lame animal whose lameness is evident, and an emaciated animal that has no marrow in its bones." [Reported by Abu Dawood and Al-Tirmidhi, who graded it as authentic].
 
These defects are detailed as follows:
 
Evident Lameness: It is not permissible to sacrifice a lame animal if the lameness is severe enough to prevent it from walking to the pasture or seeking food, as this leads to a decrease in its meat. However, slight lameness that does not hinder its grazing is overlooked.
 
Evident Blindness (One-eyed): It is not permissible to sacrifice a sheep, cow, or camel that has a white film over its eye blocking light, or one that has lost an eye entirely. Weak vision that does not affect its ability to eat does not prevent the sacrifice from being valid.
 
Evident Illness: An animal with a clear sickness that prevents it from eating or moving is not valid. This includes severe mange (Jarab) that spoils the meat.
 
Extreme Emaciation: An animal so thin that there is no marrow left in its bones is invalid. The standard for emaciation that invalidates the sacrifice is that which spoils the quality of the meat to the point that people would find it undesirable even in times of plenty.
 
Additional Considerations:
These are the defects mentioned in the Prophetic tradition, and any defect that causes emaciation or reduces the meat or value is compared to them by analogy. This includes animals that are mentally unstable (diseased), those with mange, or those with a missing ear. In contrast, a slit or pierced ear does not affect the validity of the sacrifice. And Allah the Almighty knows best.

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

Is it permissible for a sick person to pray while sitting on a chair?

All perfect praise be to Allah, The Lord of the Worlds                                                                                                                                                                        It is permissible for a sick person, who is unable to stand up, to offer prayer while sitting on a chair. If he/she was unable to prostrate while on the chair, the he/she should pray while sitting on the ground, but if he/she was neither able to bow (Roku),nor to prostrate, then he can do them while sitting on the chair. And Allah 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.