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

Is it obligatory for someone traveling by plane in the afternoon during Ramadan to fast?

Anyone who intends to travel after dawn must begin the day fasting and continue with the intention of completing their fast, as fasting was obligatory upon them before traveling.
However, if they experience unbearable hardship after starting their journey, they are permitted to break their fast due to that hardship, not merely because of travel. In such a case, they must make up for the missed fast later.

What is the ruling on fasting?

Fasting in Ramadan is an individual obligation (Fard ‘Ayn) upon every mature, sane Muslim who is capable of fasting.
Fasting can also be recommended (Mustahabb), such as voluntary fasting on Mondays and Thursdays, fasting on the Day of Arafah for those not performing Hajj, and fasting on Ashura.
Fasting can be prohibited (Haram), such as fasting on the two Eid days, the Day of Doubt (Yawm al-Shakk), and the Days of Tashreeq.
Some types of fasting are disliked (Makruh), such as singling out Friday or Saturday for fasting without a specific reason and fasting on the Day of Arafah for a pilgrim.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What is the ruling on congratulating others on the arrival of Ramadan?

Congratulating others on the arrival of Ramadan is permissible.
If someone does it to express their love for worship and the blessings of Ramadan, and congratulates their fellow Muslim, they have done something good.
The Prophet ﷺ said: "Shall I not tell you something that, if you do it, you will love one another? Spread peace (Salam) among yourselves." [Narrated by Muslim]
Giving Salam is a prayer for peace and safety.