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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

 

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Summarized Fatawaa

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 ruling of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.

How should the udhiyah be distributed?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is obligatory to give the poor a portion of the meat from a voluntary sacrifice (Udhiyah al-Tatawwu’), which should not be less than approximately half a kilogram of raw meat. Other parts do not suffice for this obligation, such as the liver, tripe, or intestines.
It is Sunnah for the one offering the sacrifice to divide it into thirds: one-third for himself and his household to eat, one-third to be given as charity to the poor, and one-third to be given as a gift to friends and neighbors, even if they are wealthy. And Allah the Almighty knows best.

What is the ruling on bypassing a nearby mosque for a distant one?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a distant mosque has a larger congregation (Jama‘ah) while the congregation in the nearby mosque is smaller, and the congregation in the nearby mosque is not adversely affected by the worshiper's absence, then it is better for him to pray in the distant mosque with the larger congregation. However, if the congregation in the nearby mosque would be affected by his absence—such as if he is its Imam, or if his presence encourages others to attend—then praying in the nearby mosque is better. This ensures that the congregation is established in two different locations within the community. This is based on the saying of the Prophet ﷺ: 'A man's prayer offered with another man is purer than his prayer which he offers alone, and his prayer with two men is purer than his prayer with one and if they are more (in number), it is more beloved to Allah, the Mighty the Majestic' (Narrated by Ahmad, Abu Dawood, and An-Nasa'i). And Allah the Exalted knows best.

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