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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

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

I married a man and had two children; however, we got separated four years ago. In addition, my husband`s brother, paternal uncle of my children, has been providing for them ever since. In fact, he is an honest, well-behaved man. Is it permissible that we get married although his brother (My ex-husband) is still alive?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
It is temporarily prohibited for a woman to marry her stepbrother. Therefore, once she receives Talaq Ba`in (Irrevocable divorce), she is allowed to marry her stepbrother, even if his brother (First husband) is still alive. And Allah the Almighty knows best.

Is it permissible for a woman who broke fasting due to delivery to pay a ransom ?

She should make up for the missed fasting days once she becomes ritually pure, but it is impermissible for her to pay a ransom while being able to fast.

What is the ruling on the chatting between a young man and his girlfriend?

Private chatting between the two sexes entails religious violations, and leads to prohibited attachment.

I have a question regarding the deferred portion of the dowry (Mahr)*. Is the wife entitled to it only upon divorce or she can claim it even if divorce hasn`t taken place? Moreover, does she have the right to claim this portion after death of husband, even if he didn`t divorce her before that?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
In the marriage contract, it is recorded that the deferred portion of the dowry is due upon divorce or death, whatever comes first. If divorce took place first then the woman is entitled to it and if the husband died this amount must be paid from his estate. On the other hand, if the woman died then the husband becomes liable for this portion and it becomes part of the woman`s estate. We advise every husband to give this portion to his wife while alive because it is a right of hers. And Allah the Almighty knows best.
 
* In Islam, a mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage (payment also has circumstances on when and how to pay). While the mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed upon marriage.

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