Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(219): "Ruling on Sabi committed by (I.S)

Date Added : 21-12-2015

Resolution No.(219)(9/2015) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Sabi committed by (I.S)

Date: 24/Zolhijjah/1436 AH, corresponding to 8/10/2015.

On the above given date, the Board reviewed the question sent by Dr. Abdullah Al-Kurdi, Chairman of the Association of Muslim Scholars in Kurdistan-Iraq, and it reads as follows:

Your Grace is quite acquainted with the atrocities committed by the Islamic State (I.S) in the name of Islam, and one of these is Sabi (War prisoners, children and women only) where Christian and Yazidi girls and women are sold for a very low price, a handful of Dirhams, in public. This criminal act had negative repercussions on the Kurdish community.

As your Grace is a highly respected figure in the Muslim World, we deem necessary that you issue a Fatwa condemning Sabi and forbidding it so as for the Muslim World to become fully aware of the atrocities inflicted upon these victims in the name of Islam.

Islam hasn`t brought Sabi and slavery; rather, this social phenomenon was widespread in early nations for centuries. When Islam was manifested, it had to deal with a harsh reality, so it delivered rules and regulations to eradicate this phenomena on gradual basis, as is the wisdom of Islam in many of its legislations. Therefore, it provided useful and decisive solutions to end this problem from its very source.

As a result, Islamic Sharia has narrowed down the sources of slavery, forbade any act of aggression against free people, made freeing slaves one of the Zakah disbursement channels and among the righteous deeds by which  a Muslim pleases Allah and gets his sins erased from his record on the Day of Resurrection. Allah, The Exalted, Says (what means): "But he hath made no haste on the path that is steep. And what will explain to thee the path that is steep?- (It is:) freeing the bondman." {Al-Balad,11-13}. Islamic Sharia has also enabled slaves to free themselves through the system of "Mokatabah" i.e. concluding a contract of manumission. This is in addition to many other meticulous and wise legislations by which Islam was able to counter this phenomenon and bring it to a gradual end.

In conclusion, the criminal acts committed by this terrorist organization; namely, Sabi, enslavement and human trafficking, are impermissible and totally contradict the objectives and the provisions of Islamic Sharia; especially, since nations have agreed on abolishing this phenomenon and standing up to its various forms. Islam hasn`t brought slavery and Sabi; rather, it has brought manumission and freedom since absolute slavery is dedicated to Allah alone, as indicated by the famous saying of the Caliphate Umar Bin Al-Khattab (May Allah be pleased with him): "Since when did you enslave the people though they were born free." And Allah Knows Best.

 

The Grand Mufti of Jordan / His Eminence Sheikh AbdulKareem al-Khasawneh
Prof. Abdulnasser Abulbasal / Member
Dr. Yahia al-Botoosh / Member
Sheikh Sae`id Hijjawi / Member
Dr. Wasif al-Bakhri / Member
Prof. Mohammad al-Qhodat / Member
Dr. Mohammad Al-Khalayleh / Member
Dr. Mohammad Khair Al-Esa / Member
Dr. Mohammad  al-Z`obi / Member

 

 

 

 

 

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Summarized Fatawaa

Is it permissible for a woman to perform the obligatory prayer immediately after the adhan and before the Iqamah is performed in the mosque?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Yes, it is permissible for a woman to perform the obligatory (Fard) prayer immediately after the Adhan (call to prayer) and before the Iqamah (call to commence prayer) is performed in the mosque. And Allah the Exalted knows best.

What is the ruling of Islamic Law on performing the Witr prayer after the Adhan for Fajr prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The time for Witr prayer begins after the ‘Ishā' prayer and ends with the rising of true dawn (al-fajr aṣ-ṣādiq). If a Muslim performs it at any point within this window, it counts as performed on time.
It is also recommended to make up a missed Witr prayer at any time — whether before or after performing the Fajr prayer, or at any other time of day. On the authority of Abū Sa‘īd al-Khudrī (raḍiyallāhu ‘anh), the Messenger of Allah ﷺ said: "Whoever falls asleep and misses the Witr prayer, or forgets it, let him pray it when he remembers, or when he wakes up." (Related by at-Tirmidhī)
Shaykh al-Islām, Imam Ibn Ḥajar al-Haytamī (raḥimahullāh), says: "The time for Witr prayer is between the ‘Ishā' prayer and the rising of dawn, based on the authentic ḥadīth to this effect. If this time has passed, it is permissible for him to make it up (qaḍā') afterward." [Tuḥfat al-Muḥtāj]. And Allah, the Exalted, knows best.

Is the marriage contract considered valid if concluded at home by the marriage official (Ma`zon)?

Yes, it is valid as long as it is registered at the court.

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.