Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(115): “Sharia Ruling on Leasing a Place as a Cinema

Date Added : 28-10-2015

Resolution No.(115): “Sharia Ruling on Leasing a Place as a Cinema“

Date: 4/9/1427AH, corresponding to  27/9/2006AD

 

 The board received the following question:

What is the ruling of Sharia on leasing an area in a trading block as a cinema?

Answer: All success is due to Allah, The Lord of The Worlds

The Board is of the view that it is impermissible to do so because it is more likely that the movies which will be shown would contain that which violates the rulings of Islamic Sharia, even if that cinema helps in making the block`s business a success. This is because the end doesn`t justify the means, and as the end should be lawful, so should the means, but the latter isn`t because it (cinema) would show movies that promote vice and lead to mixing between the two sexes. Every act that leads to the illegal is by itself illegal as well. Allah The Almighty Says {What means}: ”O ye who believe! Give of the good things that ye have (honourably) earned, and of the fruits of the earth, which We have produced for you, and do not even aim at getting anything which is bad, in order that out of it ye may give away something, when ye yourselves would not receive it except with closed eyes. And know that God is Free of all wants, and worthy of all praise.“ {Al-Baqarah/267}. The Messenger of Allah (PBUH) said: “Allah The Almighty Is Good and Accepts only that which is good. In addition, verily Allah Has Commanded the believers to do that which He has commanded the Messengers. So the Almighty Has Said (What means): “O (you) Messengers! Eat of the tayyibat [all kinds of halal (legal) foods], and perform righteous deeds.” [23:51] and the Almighty, Has Said (What means): “O you who believe! Eat of the lawful things that We have provided you.” [2:172]. Then he (PBUH) mentioned [the case] of a man who, having journeyed far, is disheveled and dusty, and who spreads out his hands to the sky saying “O Lord! O Lord,” while his food is haram (unlawful), his drink is haram, his clothing is haram, and he has been nourished with haram, so how can [his supplication] be answered? [Muslim].

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. Wasif Al-Bakhri                               

 Sheikh Saeed Hijawii

    Sheikh Naeem Mujahid

Dr. Yaser Al-Shamali

 

 

 


(1) Related by Moslim in his Sahih, Al-Zakah book, Ch. Accepting and investing charity out of a lawful sources, Hadith No. (1015) narrated by Abu Hurayra (May Allah Be Pleased with him).

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Summarized Fatawaa

What is the ruling on one who vows to fast a specific or non-specific year? Are the two Eids, the days of Tashreeq, Ramadan, and the days of menstruation and postnatal bleeding included in them? And do these days break the consecutiveness if it was intended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone makes a vow (Nadr) to fast a specific, designated year, this vow does not include the days of Eid, the days of Tashreeq (the three days following Eid al-Adha), Ramadan, or the days of menstruation (Hayd) and postnatal bleeding (Nifas). Furthermore, there is no requirement to make up (Qada) these specific days.
 
However, if someone vows to fast a year that is not specifically designated (i.e., any twelve-month period) and stipulates that the fasting must be consecutive, they are bound by that condition. They must not fast on the days of Eid, during Ramadan, or during menstruation, but they are required to make up these days afterward—with the exception of the days of menstruation and postnatal bleeding, which do not need to be made up.
 
It is stated in Hashiyat al-Bajuri ‘ala Sharh Ibn Qasim ({Vol.2/P.606): 'If one vows to fast a specific year, the Eid, Tashreeq, Ramadan, and days of menstruation or postnatal bleeding are not included. This is because Ramadan does not accept any fast other than its own, and the others do not accept fasting at all. Therefore, they do not enter into the vow, and no makeup is required for them because they are legally excluded—contrary to Al-Rafi’i regarding menstruation and postnatal bleeding.
 
If one vows to fast a non-designated year: if they stipulated consecutiveness (Tatuabu’) in their vow, they must fulfill it; otherwise, they are not bound to it. Consecutiveness is not broken by the days that do not enter into the specific year vow (Eid, Tashreeq, Ramadan, menstruation, and postnatal bleeding). However, one must make up the days missed—excluding the time of menstruation and postnatal bleeding—immediately following the end of the year. As for the time of menstruation and postnatal bleeding, it is not made up, contrary to Ibn al-Rif’ah, who argued that it must be made up just like Ramadan.' And Allah the Exalted knows best.

Is it permissible for a woman in her menstrual period to recite from the Mus-haf (copy of the Quran ), or to recite by heart?

A menstruating woman is permitted neither to recite nor to touch the Quran according to what Ali Bin Abi Talib (May Allah be pleased with him) reported about the Prophet (PBUH) who was only held from reciting the Holy Quran by Janabah (Major impurity) [Al-Tirmizi in a sound Hadith]. Although Janabah and menstruation are major impurities, a menstruating woman is permitted to supplicate Allah (Duaa`) and make Zikr (Tasbihat ), even if these involved saying words from the Holy Quran, provided that she does not mean the words for themselves but as a supplication, or Zikr. Moreover, she is rewarded for not reciting the Quran during her menstrual period because she abided by the injunctions of Allah.

What is the ruling on someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.
It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."
This has already been explained in detail in Fatwa No. 2670 — please refer to it.
And Allah, the Exalted, knows best.

Is a woman sinful if she fasts out of shyness from her family while menstruating or in postnatal bleeding?

It is forbidden for a woman who is menstruating or in postnatal bleeding to abstain from food and drink with the intention of fasting. If she fasts out of shyness, she is sinful, as her fast is not valid.
However, if she refrains from eating and drinking without intending to fast, it is not forbidden, but she unnecessarily burdens herself without need.