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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

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.

What is the ruling of Islamic Law on leaving the Sunnah prayer of Dhuhr due to fatigue?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
According to the general rule, a Muslim should strive to maintain the Sunnah prayers before and after the obligatory prayers (al-sunan al-qabliyyah wa al-ba'diyyah). One is permitted to pray them sitting from the outset, but if one leaves them due to severe fatigue, there is no objection to doing so. It is recommended (mustahabb) to make up (qadā') a time-bound supererogatory prayer (nafl mu'aqqat) at any time if it was missed.
Al-Shirbīnī (may Allah have mercy on him) said: "If a time-bound supererogatory prayer is missed, it is recommended to make it up according to the more authoritative view (al-azhar), based on the hadith recorded in the two Ṣaḥīḥs: 'Whoever sleeps through a prayer or forgets it should pray it when he remembers it.' This is also supported by the fact that the Prophet (peace and blessings be upon him) made up the two rak'ahs of Fajr when he and his companions overslept in the valley and missed the dawn prayer until the sun had risen [narrated by Abū Dāwūd with an authentic chain]." And Allah, the Most High, knows best.

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.

Is it permissible for a woman to observe voluntary fast without her husband's permission?

A woman is not permitted to observe a voluntary fast (nafl) while her husband is present without his permission.

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