Resolutions of Iftaa' Board



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 difference between Qiyam al-Layl and Tahajjud?

● Qiyam al-Layl refers to any voluntary prayer performed at night, including Tarawih.
● Tahajjud specifically refers to voluntary prayer performed at night after waking up from sleep.
Glad tidings to those who combine both, as numerous Quranic verses and hadiths mention their virtues.
Allah Almighty says {what means}: "And rise from thy sleep and pray during part of the night [as well], as a free offering from thee, and thy Sustainer may well raise thee to a glorious station [in the life to come." [Al-Isra`/79]
The Prophetﷺ said: "Whoever stands (in prayer) during Ramadan with faith and seeking reward, all their past sins will be forgiven." [Agreed upon]

What is the ruling on someone who fainted while fasting?

● If a person had the intention to fast from the night but then fainted during the day and regained consciousness before sunset, even for a moment, their fast remains valid.
● However, if they remain unconscious for the entire day, from Fajr until sunset, their fast does not count, and they must make up for that day later.

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.

Is it incumbent on a father to cover the marriage costs of his son if the latter couldn`t afford them?

The son should seek the help of his relatives in order to convince his father to do the aforesaid, and the father should make sure that his son doesn`t commit fornication through helping him to get married, and Allah will reward him for doing so.