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Resolutions of Iftaa' Board

Resolution No.(36): “Ruling on Migrating from Palestine"

Date Added : 02-11-2015

Resolution No.(36):
 "Ruling on Migrating from Palestine“
Date: 4/1/1414 AH corresponding to 24/6/1993 AD.

All perfect praise is due to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
The Board convened on the above date and reviewed an article issued by a researcher of Sharia Sciences, living in Amman, who deems that it is an obligation on the people of Palestine to migrate from it under the pretext that they are being oppressed by a polytheist enemy, and in order to follow in the footsteps of the Prophet (PBUH) and the honorable companions when they migrated from Makkah to Medina. On their part, members of the Board of Iftaa` have agreed that such an opinion is a lapse on the part of the writer, and it shouldn`t be adopted or acted upon because this person is unaware of the situation in Palestine, and haven`t exercised patience to make sure that it is parallel to the situation of the early Muslims in Makkah before their migration to Medina.
The Board stresses that it isn`t permissible for the people of Palestine to migrate or leave the Holy Land to the Jews because their staying there is considered Jihad in the cause of Allah, and for that they will receive the reward of the steadfast. Moreover, their standing up to the enemy is Jihad as well, and for that, they will receive the reward of those fighting in the cause of Allah. Those killed because of resisting this enemy are considered martyrs who are living with their Lord, by Him sustained. In addition, every act that strengthens the steadfastness of the people of Palestine supports those fighting there, and this is considered Jihad in the Cause of Allah. The Board would like to point out that there are several differences between the situation of Muslims in Palestine and that of early Muslims in Makkah before their migration (Hijrah):
1- Palestine is an Islamic territory, and the Jews are trying to take it by force, dominate it and alter its identity; therefore; it is a duty for all Muslims to stand up to them by every means possible. This is the responsibility of the People of Palestine in the first degree, then the neighboring Islamic countries closest to it and so on; whereas, polytheists inhabited Makkah and Muslims were trying to dominate them, but when they failed to achieve that, they migrated to Abyssinia, then to Medina.
2- Migration to Abyssinia wasn`t an obligation, rather it was an option for those who wanted to be spared the torture of the polytheists. However, when the Islamic state was established in Medina, migration to Medina has become an obligation on every Muslim capable of that, whether he was in Makkah or anywhere else. This is because migrating to Medina wasn`t intended for refuge only, but was also meant to provide the Islamic state with workforce and financing. Therefore, this issue was repealed when Islam dominated in Makkah and other places of the Arabian Peninsula, and Palestinians nowadays can`t find a place similar to Medina to migrate to.
3- Migrating to Medina was an order issued by the ruler of Muslims; Prophet Mohammad who did what was in the best interest of Muslims. However, today Muslim rulers and scholars, who are acquainted with the Palestinian situation, agree that the best interest lies in the steadfastness of Muslims in Palestine to preserve the Islamic identity there, awaiting a relief from Allah.
4- Jews don`t ban Muslims from observing religious rituals, performing acts of worship or adhering to the rules of Sharia; however, they ban them from Jihad. Meanwhile, the polytheists of Makkah used to ban the weak Muslims from performing any act of worship related to Islam.
5- Emptying Palestine from its Muslim people is the aim of Jewish leaders and rulers because it is in their best interest and paves the way for executing their plots. Consequently, it is the duty of every Muslim to weaken the plan of the disbelievers.
6- The Board of Iftaa` confirms that what this researcher did was a lapse, and had he known its consequences, he wouldn`t have made it. The Board also calls on all Muslims not to take all that is said as regards religion for granted since what is lawful is clear and what is unlawful is also clear. Piety is that which contents the soul and comforts the heart, and sin is that which causes doubts and perturbs the heart.
7- The Board supports the Jihad of our people in Palestine, our brothers in Bosnia and Herzegovina, and in every Muslim country. It blesses their honorable stands and calls upon all Muslims to support them as much as possible. Besides, pleasing Allah is our sole quest. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice Izzaddeen Al-Tamimi
Acting Mufti General, Sheikh Saeid Hijjawi
Mufti General of Jordanian Armed Forces: Mhamood Shwayat
Dr. Ali Al-Faqheer
Dr. Mahmood Al-Sartawi           
Dr. Moh. Na`eim Yaseen           
Secretary General of Awqaaf Ministry, Dr. Ahmad Hilayel
Sheikh Ratib Az-zahir       
Sheikh Ibrahim Khash-shaan                   

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Summarized Fatawaa

What is the ruling of Islamic Law on a menstruating woman (ḥā'iḍ) reciting the Islamic ruqyah (Qur'anic/spiritual healing)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is permissible for a person in a state of janābah (major ritual impurity), or a menstruating woman (ḥā'iḍ), or a woman in postpartum bleeding (nufasā'), to recite for the purpose of ruqyah (spiritual/Qur'anic healing), even if this includes some verses of the Noble Qur'an — whether recited from memory or by looking at the Muṣ-ḥaf (the physical copy of the Qur'an) without touching or carrying it — provided that the intention behind the recitation is ruqyah, protection (taḥṣīn), and remembrance (dhikr), not the intention of tilāwah (Qur'anic recitation as an act of worship in itself). This remains permissible even if what is recited is an entire sūrah, such as Sūrat al-Mulk.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It is lawful for a person in janābah to utter its [the Qur'an's] remembrances and other content — such as its admonitions, its narratives, and its rulings — so long as it is not with the intention of [reciting] Qur'an. [This is] like his saying upon mounting [a vehicle]: 'Glory be to Him Who has subjected this to us, and we could never have accomplished this [by ourselves]' [Sūrat az-Zukhruf: 13] — meaning, [could never have] been capable of it — or upon a calamity: 'Indeed we belong to Allah, and indeed to Him we shall return'... In fact, my teacher, ash-Shihāb ar-Ramlī, issued a fatwā that even if he recited the entire Qur'an without the intention of [reciting] Qur'an, it would be permissible." [Summarized from Mughnī al-Muḥtāj, Vol. 1/P.217] And Allah, the Exalted, knows best.

Is it permissible to purchase the Udhiyah on installments?

It is permissible to purchase the sacrificial animal (uḍḥiyyah) on installments or by borrowing its price. However, it is not recommended for the poor to do so, because they are not required to offer a sacrifice, and Allah does not burden a soul beyond its capacity. If doing so would lead to negligence in providing for one's dependents (nafaqah wājibah), then giving precedence to obligatory maintenance over borrowing to buy the sacrifice is appropriate. This is based on the saying of the Prophet (peace and blessings be upon him): "It is sufficient sin for a person to withhold food from those whom he is responsible to support."
 
Furthermore, the sacrifice is valid from one who has a debt, but it is preferable (awlā) to repay the debt first, especially if the debt is due immediately (ḥāll). And Allah Almighty knows best.

Is it permissible to participate in an Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Regarding the sacrificial offering (Udhiyah), if it is a sheep or a goat, it only avails for one person. However, if it is a cow or a camel, it avails for seven people. It is permissible for the seven participants to have different intentions; for example, some may intend the sacrifice (Udhiyah), some the ’Aqiqah (sacrifice for a newborn), and others may simply intend to obtain meat.
 
It is stated in Hashiyat Qalyubi ‘ala Sharh al-Mahalli (Vol.4/P.256) and in Bushra al-Karim (p. 706):
 
"If one slaughters a camel or a cow on behalf of seven... it is permissible. Likewise, it is permissible if some of them intend their seventh for meat, and others intend their seventh for ’Aqiqah." And Allah the Almighty knows best.

Is it obligatory to make up all missed prayers?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Making up missed prayers (qaḍāʾ) is a sharʿī obligation, established by the practice of the Prophet ﷺ himself — when the disbelievers preoccupied him on the Day of the Trench and he missed the ʿAṣr prayer, he made it up afterward. This is further affirmed by the ḥadīth: "Fulfil what you owe to Allah, for Allah is most deserving of being fulfilled." (Reported by al-Bukhārī.)
Accordingly, a person who has missed prayers should set aside his voluntary and Sunnah prayers and replace them with make-up prayers in their stead. There is no objection to making up one missed prayer alongside each obligatory prayer that is performed — praying the equivalent missed prayer together with each current obligatory prayer as a practical and manageable way of gradually clearing one's debt of missed prayers. And Allah the Almighty knows best.

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