Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(113): “The Suit Filed against the Muslim Journalist who has Republished the Images Mocking the Prophet (PBUH)“

Date Added : 28-10-2015

 

Resolution No.(113): “The Suit Filed against the Muslim Journalist who has Republished Cartoons Mocking the Prophet (PBUH)“

Date: 23/7/1427 AH, corresponding to 17/8/2006 AD.

 

 

The Board received the following question:

What`s the ruling of Sharia on the suit filed against the journalist Jihaad Al-Momani at Amman Sharia Court/ Cases Court before the judge Salah Shewayaat for the purpose of proving the apostasy of that journalist on charges of republishing the mocking cartoons of the Prophet (PBUH) at Sheehan weekly newspaper, when he was its editor in chief. This is in addition to his writing an article included in the same issue of that newspaper, where he criticized the violent response of Muslims to those images. The article is entitled: “Muslims of the world be patient! “

Answer: All success is due to Allah

The Board believes that since the above case is at bar, it is difficult to give an opinion in this regard without considering the details necessary for delivering a Sharia ruling. On the other hand, the Board has no right to summon someone for a hearing, because no request was made for obtaining a Fatwa from the Fatwa Board to that end. Therefore, the Board is of the view that the Sharia Court has the right of guardianship in the above case and that its rulings are subject to the oversight of the Sharia Court of Appeal. And Allah Knows Best.

 

The Iftaa' Board

                 Chairman of The Iftaa' Board/Cheif Justice Dr.Ahmad Hlyaal

                       Sheikh AbdelKareem Al-Khasawneh

    Dr. Yousef Ali  Ghythan 

                              Dr. Dr. Abd Al-Majeed Al-Salaheen         

                           Dr. Wasif Al-Bakhri                               

Sheikh Saeed Hijawii

    Sheikh Naeem Mujahid

 

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Summarized Fatawaa

What are the key differences between the 'aqīqah and the uḍḥiyyah?

 All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The following are the key differences between the 'aqīqah and the uḍḥiyyah:
First: The 'aqīqah is slaughtered as an act of drawing closer to Allah the Almighty and expressing gratitude for the blessing of a newborn child. The uḍḥiyyah, on the other hand, is slaughtered as an act of drawing closer to Allah and expressing gratitude to Him specifically during the days of slaughter (ayyām al-naḥr).
Second: The 'aqīqah is performed on the seventh day from the birth of the newborn, whereas the uḍḥiyyah is performed on Eid al-Aḍḥā and its time extends for three days after the Eid.
Third: The 'aqīqah is performed once in a lifetime for the newborn, whereas the uḍḥiyyah is recommended every year for the one who is financially capable to offer it.
Fourth: It is Sunnah for the one intending to offer the uḍḥiyyah to refrain from cutting his hair and nails until after he has slaughtered. This is not a Sunnah for the one intending to perform the 'aqīqah.
Fifth: It is Sunnah for the 'aqīqah to be cooked and distributed to the poor in its cooked form. The uḍḥiyyah, by contrast, must be distributed as raw meat. And Allah Almighty knows best.

How should a person who is afflicted with continued major ritual impurity (incontinence of urine, bleeding outside the monthly period) perform ablution?

Such a person should make ablution for every prayer after its due time and after removing impurities from their body and outfit, and should place a fresh diaper whenever needed so as for the impurity not to spread out. They should also perform prayer immediately even if incontinence of urine continued, and should repeat the aforementioned for every obligatory prayer, then perform optional prayer as much as they want.

Is "Bismillāhir-Raḥmānir-Raḥīm" a verse (āyah) of Sūrat al-Fātiḥah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The basmalah ("Bismillāhir-Raḥmānir-Raḥīm") is, without question, a verse (āyah) of the Noble Qur'an, and according to the Shāfi‘ī school, it constitutes a verse of Sūrat al-Fātiḥah itself. Al-Fātiḥah is a pillar of the prayer, and it consists of seven verses, of which the basmalah is one. The prayer is not valid without reciting it, nor if any of the Fātiḥah's verses, letters, or shaddahs (consonant doublings) are omitted or altered.
It is stated in Bushrā al-Karīm (Vol.1/p.202), from the books of the Shāfi‘ī school: "The basmalah is a complete verse of it [i.e., of al-Fātiḥah] in practice — and it suffices, for this to be established, that there be strong probability (ẓann), especially given that this has come very close to certainty (yaqīn), due to the consensus (ijmā‘) of the Companions on its inclusion in the muṣ-ḥaf [the written text of the Qur'an] in its script, despite their extreme diligence in excluding from it anything that did not genuinely belong to it — to the point that they even [carefully regulated] its diacritical dots and vowel markings." And Allah, the Exalted, knows best.

 I`m keeping a plot of land (10 Dunums) for my children. Is it liable for Zakah?

Praise be to Allah, The Lord of the Worlds.

Land that is purchased with the intention of ownership and personal benefit—meaning to retain it for use and not for trade—is not subject to zakāh, as such property is not considered from trade commodities (ʿurūḍ al-tijārah).
 
It is stated in Al-Ḥāwī al-Kabīr:
“If it is property and one intends it for trade, then zakāh is due upon it; but if he intends it for personal possession, then no zakāh is due upon it.” And Allah, the Exalted, knows best.