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Resolutions of Iftaa' Board

Resolution No.(283): "Islamic Ruling on Washing the Person who Died from an Infectious Disease such as the one caused by Corona Virus"

Date Added : 02-06-2020

Resolution No.(283)(3/2020) by the Board of Iftaa`, Research and Islamic Studies:

"Islamic Ruling on Washing the Person who Died from an Infectious Disease such as the one caused by Corona Virus" 

Date: (24/Rajab/1441 AH), corresponding to (19/3/2020).

 

All perfect praise be to Allah, the Lord of the Worlds. At its second meeting held on the above date, the Board reviewed the question about the ruling of Islam on washing the person who died from an infectious disease such as the one caused by the corona virus?

After careful consideration, the Board has taken the following decision:

Whoever died during a pandemic, it is hoped that Allah will grant him a reward similar to that of a martyr. This is attested to in the Hadith where the Prophet (PBUH) said: "None (among the believers) remains patient in a land in which plague has broken out and considers that nothing will befall him except what Allah Has Ordained for him, but that Allah Will Grant him a reward similar to that of a martyr." {Bukhari}.

In addition to hoping that Allah will grant him a reward similar to that of a martyr, in principle, the deceased person must be given ritual washing (Ghusl), shrouding with a piece of cloth (Kafan) and a funeral prayer (Salat al-Janazah). This is provided that the necessary protective measures are put in place to make sure that the persons who do these (Ghusl, kafan and Salat al-Janazah) don`t get infected. In case protective measures couldn`t be taken, funeral and burial preparations must be done as much as possible, even if it be spraying the dead body with a hose and shrouding it with a piece of cloth. The evidence on this is the Sharia maxim which states: "The easy thing shall not be waived by the difficult thing." Moreover, Allah The Almighty Says {what means}: "Allah tasketh not a soul beyond its scope." {Al-Baqarah, 286}. As for the funeral prayer, it may be delivered by the smallest number of prayer performers, even if it be one person. We pray that Allah showers all the dead Muslims with His mercy. And Allah The Almighty Knows Best.

 

Chairperson of Iftaa` Board,

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad al-khalayleh

Sheikh Sa`eid Al-Hijjawi, Member

Dr. Majed al-Darawsheh, Member

Dr. Ahmad al-Hasanat, Member

Judge Khalid Woraikat, Member

Dr. Jamil Khatatbeh/Member

Dr. Amjad Rasheed/Member

Dr. Mohammad Al-Zou`bi/ Member

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Summarized Fatawaa

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.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What is the ruling on performing the Istikhara prayer after the Witr paryer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Istikhara prayer (Prayer for seeking guidance) is a Sunnah. It consists of two units (rak’ahs) performed outside of the obligatory prayers, after which the person supplicates with the traditionally narrated du’a. It is permissible to perform it before or after the Witr prayer, as the Istikhara prayer is recommended at all times except during the disliked times—the periods in which prayer is prohibited. This is because its specific reason (the Istikhara and supplication) occurs after the prayer itself, and any prayer with a subsequent reason is not permitted during the prohibited times. It should be noted that the two rak’ahs of Istikhara are not fulfilled by performing only one rak’ah, nor by a prostration of recitation (Sajdat al-Tilawah), nor by a funeral prayer (Janazah). And Allah the Exalted knows best.

What is the ruling on using moisturizing creams on the skin during the day in Ramadan?

Using moisturizing creams on the skin does not break the fast because they do not enter the body cavity (jauf). Any absorption that occurs through the skin pores does not count as entering through an open passage.

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