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A Statement on Al-Aqsa Mosque
Author : The General Iftaa` Department
Date Added : 24-12-2014

All perfect praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all His family and Companions.

The General Iftaa` Department of the Hashemite Kingdom of Jordan denounces the untrue views circulated by some media websites, calling for dedicating a place of worship for the Jews within the yard of Al-Aqsa mosque, because they were expressed by a person who holds no degree in religious sciences, his views are unfounded in Sharia and he enjoys no consideration in all juristic schools.

Al-Aqsa mosque is a purely Islamic endowment (Waqf) that will remain until the Day of Resurrection, it can`t be made otherwise by the ignorance of an ignorant, or the aggression of a usurper. It is mentioned in the Holy Quran at the beginning of Al-Isra chapter (Al-Aqsa mosque) and it is referred to as Al-Haram Ash-Sharif in Jerusalem: both words are synonymous, so any of them covers the whole Islamic site located in the far southern-eastern corner of the Old City stretching over a hundred and forty four dunums. It covers Al-Jamie` Al-Quibli, the dome of the rock mosque, Al-Mosala Al-Marawani and many other Islamic endowments. Each inch of Al-Aqsa mosque, constructed or not, is an integral part of its sanctity as it is the place from where our Prophet Mohammad (PBUH) embarked on His nocturnal journey. In fact, an Islamic endowment covers the area below and above it. It also covers all properties pertaining to Al-Aqsa mosque even those beyond its walls such as: Sahat Al-Bouraq, Harat Al-Magharibah and Tareeq Bab Al-Magharibah.

None can deny that Umar Bin Al-Khatab treated non-Muslims with mercy and justice (Pact of Umar), and by doing so, he has preserved the holy sites and the Islamic endowments. He made a condition, as stated in history books, that no places of worship for non-Muslims are to be built in an Islamic endowment (Waqf). He recognized the built churches at that time and on their own land, so justice was accomplished by respecting the already built sacred places. Any violation of this is simply an act of aggression and tyranny based on unlawful occupation and suppression of people.

Accordingly, that person`s views have neither Islamic nor historical foundations, and they have no consideration by former and contemporary scholars, jurisprudence assemblies, religious organizations and Islamic conferences.

On its part, the General Iftaa` Department emphasizes that each inch of Al-Aqsa mosque is sacred, and none has the right to abdicate it, or take it out of its mosque character. It also emphasizes the Hashemite's religious and historical guardianship over Al-Aqsa mosque and the holy sites of Jerusalem; therefore, it will initiate legal action against the previously mentioned person. And All praise be to Allah, The Lord of The Worlds.

 

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Summarized Fatawaa

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

Is it obligatory to make up all missed prayers?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Making up missed prayers (qaḍāʾ) is a sharʿī obligation, established by the practice of the Prophet ﷺ himself — when the disbelievers preoccupied him on the Day of the Trench and he missed the ʿAṣr prayer, he made it up afterward. This is further affirmed by the ḥadīth: "Fulfil what you owe to Allah, for Allah is most deserving of being fulfilled." (Reported by al-Bukhārī.)
Accordingly, a person who has missed prayers should set aside his voluntary and Sunnah prayers and replace them with make-up prayers in their stead. There is no objection to making up one missed prayer alongside each obligatory prayer that is performed — praying the equivalent missed prayer together with each current obligatory prayer as a practical and manageable way of gradually clearing one's debt of missed prayers. And Allah the Almighty knows best.

What is the ruling on forgetting an integral of the prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Whoever forgets an integral (Rukn) of the prayer and remembers it before reaching the equivalent point in the subsequent unit (Rak'ah), must return to it (i.e., perform it) and complete his prayer, then perform the prostration of forgetfulness (Sujud al-Sahw) at the end of his prayer. However, if he remembers it after reaching the equivalent point in the subsequent unit, the Rak'ah in which the integral was forgotten is invalidated, and the current unit takes its place; he then completes a full Rak'ah to compensate and performs the prostration of forgetfulness.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.1/P.543): 'If he becomes certain at the end of his prayer, or after the Salam—provided the interval is not long according to custom and he has not stepped on an impurity—that he omitted a prostration from the final Rak'ah, he must perform it and repeat the Tashahhud, as his previous Tashahhud occurred before its proper place. If the omission was from a Rak'ah other than the final one, he must perform a full Rak'ah, because the deficient unit was completed by a prostration from the subsequent one, rendering the rest of that subsequent unit void.' And Allah the Exalted knows best.

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.

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