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Resolutions of Iftaa' Board

Resolution No.(205): "Ruling on Prohibiting the Offence Against Forest Trees"

Date Added : 27-10-2015

 

Resolution  No.(205) (15/2014) by The Board of Iftaa`, Research and Islamic Studies:

"Ruling on Prohibiting the Offence Against Forest Trees"

Date: (16/Zolqhidah/1435  A.H); corresponding to (11/9/2014  A.D)

 

All praise is due to Allah. May His blessings and peace be upon Prophet Mohammad and upon his family and companions.

The Board of Iftaa`, Research and Islamic Studies reviewed, in its eleventh session held on Thursday: (16/Zolqhidah/1435 A.H); (11/9/2014 A.D), the question sent by the chairperson of the Jordanian Society for Eco Tourism and reads as follows: 

We would like to inform you that forest areas in the Hashemite Kingdom of Jordan are severely endangered by some citizens and influential persons through cutting and burning  in order to sell their wood to citizens, and this has done a great damage to these areas. We kindly ask your Grace to discuss this issue with the Board of Iftaa` in order to issue a ruling on cutting down state-owned forest trees and selling them for personal profit.

After careful study and deliberation, the Board decided:

 

Trees are a vital aspect of life and a reason of survival on this earth. Allah, The Exalted, has made them  a mercy, a blessing, a greenery, a favor that He has bestowed on humanity. He Said in this regard (What means): “It is He who sends down rain from the sky: from it ye drink, and out of it (grows) the vegetation on which ye feed your cattle. With it He produces for you corn, olives, date-palms, grapes and every kind of fruit: verily in this is a sign for those who give thought.” {An-Nahl(10-11)}.

The Holy Quran contains frequent reminder of this blessing so as to draw man`s attention to its significance in order for him to thank Allah, The Exalted, on the one hand and to protect it as well as look after it on the other hand. Allah Says (What means): “Glory to God, Who created in pairs all things that the earth produces, as well as their own (human) kind and (other) things of which they have no knowledge.” {Ya-Sin/36}.

Therefore, a person thankful of this blessing wouldn`t endanger, or desecrate it because he knows deep down that if matters get out of hand, no tree will be left on the face of the earth due to the greed of those who seek to make profit at the expense of life on this earth and Allah`s creatures on it. Therefore, the necessary measures had to be taken to protect this blessing.

 

We should always remember that Prophet Mohammad (PBUH) urged us to populate the earth by saying: “There is none amongst the Muslims who plants a tree or sows seeds, and then a bird, or a person or an animal eats from it, but is regarded as a charitable gift for him.” {Bukhri &Muslim}. He also said: “If the Day of Resurrection starts while one of you is holding a cutting, then he should plant it.” {Ahmad}.

We should remember that any offence against trees by cutting, breaking, or burning is a violation of public property, and this is included in the warning of Abdullah Bin Habashi (May Allah be pleased with him) who reported that the Prophet (PBUH) said: “Whoever cuts down a lote tree, Allah shall send him to Hell head first.” {Abu Dawood}. And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Vice Head of the Iftaa`Board, Prof. Ahmad Helayel

Prof. Abduln`nassir Abu Al Bass`al/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

Dr. Yahia Al-Botoosh/ Member

     Dr. Wasif Al-Bakhri

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Summarized Fatawaa

Is Zakah (obligatory charity) due on land intended for selling?

Yes, lands intended for trade are valued, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.

 I`m keeping a plot of land (10 Dunums) for my children. Is it liable for Zakah?

Praise be to Allah, The Lord of the Worlds.

Land that is purchased with the intention of ownership and personal benefit—meaning to retain it for use and not for trade—is not subject to zakāh, as such property is not considered from trade commodities (ʿurūḍ al-tijārah).
 
It is stated in Al-Ḥāwī al-Kabīr:
“If it is property and one intends it for trade, then zakāh is due upon it; but if he intends it for personal possession, then no zakāh is due upon it.” And Allah, the Exalted, knows best.

 

When is Istikharah (guidance prayer) Du`a offered, before Tasleem (saying asalamu alikum warahmatu allah wa barakatuh to end the prayer), or after it?

It is offered after Tasleem.

What is the ruling on making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."

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