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

Is the son of the sister by breastfeeding considered a mahram in Islam, and is it permissible for a woman to go for Hajj with him?

Everything that is prohibited by lineage is also prohibited by breastfeeding. The son of the sister by breastfeeding is considered a mahram, just like the son of the sister by blood, and it is permissible for him to be her mahram for Hajj and Umrah. And Allah Knows Best.

What is the ruling on having an intention (Niyyah) for every prayer?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Intention (Niyyah) is a pillar (Rukn) without which the prayer is not valid. The worshiper must have an intention for every prayer, meaning they must consciously intend the act of worship they are performing. Its timing must coincide with the opening Takbir (Takbirat al-Ihram). It is not a requirement to utter it verbally; rather, doing so is considered a recommended Sunnah. There are three levels of intention:
 
1-If the prayer is obligatory (Fard): It is mandatory to include the Intent (to pray), the Specification (which prayer, e.g., 'Asr), and the Obligation (recognizing it as a Fard). For example, one should bring to mind or say: 'I intend to pray the Fard of 'Asr.'
 
2-If it is a voluntary prayer restricted by a specific time or cause (Sunnah Muqayyadah): It is mandatory to include the Intent and the Specification. For example: 'I intend to pray the Sunnah before Zuhr' or 'I intend to pray Duha.'
 
3-If it is an absolute voluntary prayer (Nafl Mutlaq): It is sufficient to simply have the Intent to pray. For example: 'I intend to pray.'
 
And Allah the Exalted knows best.

Is it permissible to slaughter a single sheep with the combined intention of both the uḍḥiyyah and the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
According to Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī, it is not permissible to combine the intention of the uḍḥiyyah and the 'aqīqah in a single animal, as each of the two has a distinct and separate cause that differs from the other.
However, Shaykh al-Islām Imam al-Ramlī permitted the combining of both intentions in a single animal — and this position offers a degree of latitude and ease. And Allah Almighty knows best.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.