A Statement on the Israeli Aggression Against Gaza

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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 can a menstruating woman do on Laylat al-Qadr?

If a menstruating woman engages in remembrance of Allah (dhikr), supplication (du‘a), and sincere devotion, she has indeed observed Laylat al-Qadr. She may also listen to the Quran from audio sources such as the radio or television.

Is it permissible for a woman to ride a taxi without a Mahram (unmarriageable kin) in order to attend a gathering of knowledge?

It is permissible for the woman to pursue the knowledge that she needs in order to perform the religious requirements due on her if there was nobody to teach her at home, provided that there is no temptation involved. Moreover, we don`t recommend that she rides a taxi without a Mahram although such an act isn`t from the forbidden Khulwah (seclusion).

What should someone do if they fasted for only 28 days in their country and then traveled to a place where Eid has already been declared?

If a person fasts in their country and then travels to another country where Eid has been declared, they must celebrate Eid with the people of that country.

● If their total fasts add up to 29 days, nothing is required of them.

● However, if they have only fasted 28 days, they must make up one day after Eid, because an Islamic month cannot be only 28 days.

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A Statement on the Israeli Aggression Against Gaza

Author : The General Iftaa' Department

Date Added : 17-07-2014

A Statement on the Israeli Aggression Against Gaza (Ramadan,1435 AH)

All praise be to Allah, peace and blessings be upon Prophet Mohammad and upon all his family and righteous companions:

The Israeli atrocities in the Gaza strip and the Palestinian territories represent a heinous crime against humanity by all standards. They are so heinous that they mobilize the people of conscience worldwide to stand up to them to set the records straight and give back rights to whom they belong.

On its part, The General Iftaa' Department denounces the Israeli aggression against our people in Gaza during the sacred month of Ramadan in which acts of obedience, piety and kindness are observed. Israel is killing women, children and all those steadfast in defending their blessed land.

We call on all Arabs and Muslims to stand up to this aggression and support their brothers in Gaza to overcome this affliction for the Prophet (PBUH) said: "A believer to another believer is like a building whose different parts enforce each other" [Agreed upon]. Also the Prophet (PBUH) also said: "The believers in their mutual kindness, compassion and sympathy are just like one body. When one of the limbs suffers, the whole body responds to it with wakefulness and fever." [Moslim].

We ask Allah, The Almighty, to protect our Islamic nation against all afflictions, to end the bloodshed of Muslims, to have mercy on their dead, and to heal their wounded since it is He Who hears all things, always near and ready to answer.

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Summarized Fatawaa

What is the ruling on eating and drinking at night after making the intention? Is it necessary to renew the intention?

Eating and drinking at night, even after making the intention (for the next day), does not affect the fast, and it is not necessary to renew the intention after eating and drinking.

What is the ruling on one who vowed not to speak to a certain person, then forgot his vow and spoke to him?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

Whoever swears an oath or makes a vow to abstain from something has a choice: if he wishes, he may keep to his vow, or if he wishes, he may offer the expiation of an oath (kaffārat yamīn). The Prophet (peace and blessings be upon him) said: “The expiation for a vow is the expiation for an oath.” Narrated by Muslim. This type of vow is called a nadhr al-lajāj (a vow made in stubbornness or anger).

If a person makes a vow and then forgets it, nothing is due from him, for forgetfulness is among the excuses that lift legal responsibility (taklīf) from a Muslim. This is based on the saying of the Prophet (peace and blessings be upon him): “Actions are judged only by intentions, and every person will have only what he intended.” [Narrated by al-Bukhārī]. There is no intention for the one who forgets or errs. It is also based on the report: “Indeed, Allah has pardoned for my Ummah mistakes, forgetfulness, and what they are compelled to do.” Narrated by Ibn Mājah and others, and graded authentic by Ibn Ḥibbān and al-Ḥākim.

It is stated in ʿUmdat al-Sālik (p. 243), one of the books of the Shāfiʿī school: “Whoever swears, [for example], ‘I will not enter the house,’ and then enters it forgetfully, ignorantly, under compulsion, or being carried, he does not break his oath.” And Allah Almighty knows best.

Is it enough to say Tasbeeh (Saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood ) once, or twice during Rukoo`(Bowing in prayer) and Sujood (Prostration)?

All perfect praise be to Allah, The Lord of The Worlds Yes, saying Tasbeeh once during Rukoo` and Sujood is enough, provided that the worshiper`s attentiveness of the heart isn`t undermined during each. As regards the recompense, it depends on the number of Tasbeeh. And Allah Knows Best.

What is the ruling of Islamic Law on purchasing a home through conventional commercial banks for those living in the West?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

The ruling of Islamic Law on purchasing a home through usurious/interest-bearing loans was previously detailed in Fatwa No. (760). Its summary affirms the prohibition of purchasing homes through interest-bearing loans, based on the general foundational principle of the strict prohibition of Riba (usury). This is the position we hold in devotion to Allah Almighty, and it is the religious edict we convey to the people.

As for considering the specific circumstances of a particular country or individual, the questioner must personally consult scholars whom they trust within their country of residence. And Allah Almighty knows best.