Articles

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 of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

A man led the people in prayer as imam, and at the end of the prayer he performed a prostration of forgetfulness (*sujūd al-sahw*) because he had omitted a short *sūrah* after al-Fātiḥah. What is the ruling on his prayer and that of those praying behind him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
According to the Shāfiʿī school, it is sunnah to recite a sūrah after al-Fātiḥah in the prayer. One who omits it has a valid prayer, and no prostration of forgetfulness (sujūd al-sahw) is prescribed for omitting it. If someone performs sujūd al-sahw for its omission while knowing the ruling and remembering it, his prayer is invalidated. But one who is ignorant of the ruling, or who did so out of forgetfulness, his prayer is not invalidated, because this is among the matters that are obscure to people, and ignorance of it is not restricted to those who recently entered Islam.
Shaykh al-Islām al-Shams al-Ramlī said in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj (Vol.2/p.70): “The remaining sunnahs are not compensated for by prostration, such as the remembrances (adhkār) of bowing and prostration, that is, the opening supplication (duʿāʾ al-iftitāḥ) and the sūrah, in accordance with the base rule, because they are not of the same nature as what has been reported [as compensable]. If one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to ignorance. As for the objection raised that the ignorant person does not know that sujūd al-sahw is prescribed, and whoever knows it knows its place, this is refuted by denying such a necessary connection, for the ignorant person may hear only that sujūd al-sahw is prescribed before the salām, and so assume that it applies to every sunnah and is not restricted to its prescribed place.”
This is among the matters that are obscure, in which the mukallaf is excused for ignorance, as stated by al-Shabrāmallisī in his Ḥāshiyah ʿalā Nihāyat al-Muḥtāj (Vol.2/p.70).
However, if the imam prostrates, and the follower (maʾmūm) presumes that his imam’s prostration is for a reason for which one does not prostrate, it is not permissible to follow him in it, so long as the follower knows the ruling.
Accordingly, the prayer of one who did not recite a sūrah after al-Fātiḥah is valid, and sujūd al-sahw is not prescribed for it. Whoever prostrates out of ignorance or forgetfulness, his prayer is valid, because this is among the issues hidden from the general public. But whoever prostrates while knowing the ruling and remembering it, his prayer is invalidated. And Allah Almighty knows best.

Is it permissible to sleep before the time of the Fajr prayer begins, with the intention of waking up shortly afterward?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is permissible for a Muslim to sleep before the time of the Fajr prayer begins, intending to wake up and perform the prayer, by setting an alarm or asking someone to wake him. What is to be avoided is that a person sleeps while he predominantly assumes that he will not wake up for the prayer.
If he does not wake up until the time of the prayer has ended, he must make it up. It is recommended that he hasten to make it up as soon as he wakes, and likewise recommended that he make up its sunnah along with it.
It is stated in al-Majmūʿ by Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him): “Whoever was obliged to pray and did not pray until the time passed must make it up, because of the saying of the Prophet (peace and blessings be upon him): ‘Whoever sleeps through a prayer or forgets it, let him pray it when he remembers it.’ It is recommended that he make it up immediately, because of the ḥadīth we have mentioned. If he delays it, that is permissible, because it is reported that the Prophet (peace and blessings be upon him) missed the Fajr prayer and did not pray it until he had left the valley. Had it been required immediately, he would not have delayed it. Abū Is-ḥāq said: If he left it without a valid Sharia excuse, he must make it up immediately, because he was negligent in delaying it.”
It is therefore the duty of every Muslim to keep the prayer in its proper time, seeking help from Allah the Exalted and striving against the self to do so. And Allah Almighty knows best.

What is the amount of food to be given to a needy person for fidyah and kaffarah?

The amount of food to be given to a needy person is 600 grams of wheat or rice.
According to the Hanafi school, it is permissible to give the monetary equivalent instead, and this is the ruling issued by the General Iftaa` Department.