Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(59): “Ruling on Planting Trees in Graveyards“

Date Added : 02-11-2015

   

Resolution No.(59): “Ruling on Planting Trees in Graveyards“

Date: 9/11/1422 AH corresponding to 23/1/2002 AD.

 

Question:

What is the ruling of Islamic Sharia on planting trees in graveyards?

Answer: All success is due to Allah.

According to Islamic Sharia, planting trees in graveyards is permissible since it is included within the general meaning of the Sharia maxim which states that, in principle, things are permissible so long as there is no provision from the Quran and the Sunnah proving otherwise, and there is no evidence that forbids such an act. However, trees shouldn`t be planted directly above the graves, rather, they should be planted in the corridors and places where there are no graves. This is in order for their roots not to harm the dead because doing so is forbidden as stated in the Prophet`s Hadith {what means}: "Breaking a deceased body’s bones is exactly like breaking them when he is alive.” {Related by Abu Dawud in accordance with the conditions of Muslim}. And Allah Knows Best.

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

                 Dr. Mohammad Abu Yahia     

                                                                     Dr. Ahmad Hilayel

                   Dr. Abdulsalam Al-Abbadi        

                 Sheikh Mahmoud Shwayyaat

     Dr. Yousef Gheezaan

Dr. Wasif Al-Bakhri

   Sheikh Saeid Hijjawi

 

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Summarized Fatawaa

I wish to purchase an online account (a gaming account), and its ownership will be transferred to me. However, my friend will purchase it on my behalf, and I will repay him in deferred installments with an added profit margin to account for the installment sale. What is the ruling of Islamic Law on this transaction?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The ruling on selling electronic games depends on the ruling of the game itself: if the game is permissible, then selling it is likewise permissible. However, if the game contains Sharia violations that render playing it impermissible, then selling it in that case is neither valid nor permissible. Therefore, we advise the necessity of reviewing the Sharia guidelines for electronic games set forth in Fatwa No. (3369).
 
Accordingly, if the game is permissible, a person may purchase it, take legal possession of it, and subsequently sell it in deferred installments for a price higher than its purchase price. The General Iftaa' Department has permitted dealing through Murabaha, while emphasizing the necessity of observing the Sharia conditions required for this transaction; please refer to Fatwa No. (2861). And Allah Almighty knows best.

Is it valid for the 'aqīqah to be performed using the newborn child's own wealth?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible for the guardian to perform the 'aqīqah using the newborn child's own wealth, because the 'aqīqah is a voluntary act of giving (tabarru'), and a guardian is prohibited from making voluntary expenditures from the child's wealth. Should he do so, he becomes financially liable for what he spent. And Allah Almighty knows best.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).
Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.

What is the Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.