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Resolutions of Iftaa' Board

Resolution No.(300): "Maintaining Unity to Cope with COVID-19"

Date Added : 06-04-2021

Resolution No.(300) (3/2021) by the Board of Iftaa`, Research and Islamic Studies:

"Maintaining Unity to Cope with COVID-19"

Date: (17nth of Sha'ban, 1442 AH), corresponding to (31/3/2021 AD).

 

In The Name Of Allah, Most Gracious, Most Merciful

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 light of the spread of COVID-19, as experts have stated, and the fact that it is posing a serious threat to every member of our society, in addition to rising mortality rates, We pray to Allah to shower us with His mercy. We call on all Jordanians to unite in the face of this cunning enemy since Allah The Almighty Says {What means}: "Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah. for Allah is strict in punishment." {Al-Maida/2}.

In its meeting No.(4/2021) held on the above date, the Board of Iftaa` emphasized that the religious sentiment experienced by the loyal citizens during this pandemic is completely harmonious with the religious identity of our beloved Jordan, which is very keen on performing religious rights in all circumstances.

It is no secret that the competent authorities have recommended reducing the numbers of gatherings during particular hours of the day in a bid to minimize infections, which led to closing universities, institutions, schools and mosques. It is normal to have a sense of grief for not performing prayers at the mosque, however, this indicates perfection of faith. Allah The Almighty Says {What means}: "That (is the command). And whoso magnifieth the offerings consecrated to Allah, it surely is from devotion of the hearts." {Al-Haj/32}.

However, this religious sentiment shouldn`t be a cause for the spread of the pandemic and the division of Muslims particularly since the closures and their resulting rulings are subject to Ijtihad (Independent reasoning) where arriving at the right decision entails two rewards while arriving at the wrong decision entails one reward. Therefore, we shouldn`t accuse others of non-adherence to the general provisions of Islamic Law, question their intentions or tag them with treason. Allah The Almighty Says {What means}: "And whoso committeth a delinquency or crime, then throweth (the blame) thereof upon the innocent, hath burdened himself with falsehood and a flagrant crime." {An-Nisa`/112}.

It is the duty of every individual in this society to promote the culture of cohesion, collaboration, unity, and love. We should also enhance our confidence in religious role models and scholars of Sharia in compliance with this verse {What means}: "Who hear advice and follow the best thereof. Such are those whom Allah guideth, and such are men of understanding." {Az-Zumar/18}. Allah The Almighty also Says {What means}: "speak fair to the people" {Al-Baqarah/83}. We pray that every member of our community and their loved ones remain healthy and well. We also pray to Allah to protect our country and Hashemite leadership. Indeed, He is All-Hearing and answers the prayer. And every success is from Allah Alone.  All Praise is due to Allah, The Lord of the Worlds.

 

Board of Iftaa`, Research and Islamic Studies.

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad Al-Khalayleh, Member

Dr. Mahmoud Al-Sartawi, Member (Left before the end of the Board`s meeting)

Dr. Majed al-Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge, Dr. Samer Al-Kubbaj, Member

Dr. Amjad Rasheed, Member (Although the statement covers important and pressing issues in guiding society, it isn`t sufficient. Therefore, I recommend that real studies, in written form, are conducted by experts about the justifications for the Friday curfew {Friday prayer} and banning people from walking to the mosque to perform Fajr and Maghrib prayers since their time is very close to the beginning and end of the curfew-hours. I also recommend considering allowing people to walk to the mosque for `Isha prayer. All of this should be conducted through validated studies from experts in written, not verbal form, then the statement should be based on this form along with complete adherence to safety instructions inside the mosque and other venues).

Dr. Ahmad al-Hasanat, Member

Dr. Mohammad Younis Al-Zou`bi, Member

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

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 the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.

What is the ruling on someone who is uncertain whether he omitted one of the ab‘āḍ of the prayer, such as being uncertain whether he omitted the first tashahhud?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ab‘āḍ include the middle tashahhud and the qunūt in Fajr prayer — for which sujūd as-sahw (the prostration of forgetfulness) is prescribed if left out. Whoever is uncertain, during the prayer, whether he omitted one of these elements, should proceed on the assumption that he did not perform it, and should perform sujūd as-sahw accordingly.
It is stated in ‘Umdat as-Sālik (p. 63): "If he is uncertain... whether he omitted a specific ab‘āḍ element, or whether he performed sujūd as-sahw, or whether he prayed three or four rak‘ahs — he proceeds on the assumption that he did not do it, and performs sujūd as-sahw."
The original principle (al-aṣl) for someone uncertain about [having performed] the first tashahhud is that he assumes he did not perform it. And Allah, the Exalted, knows best.

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