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A Statement Over the Denouncement of the Caricature Insulting Prophet Mohammad
Author : Articles of the General Mufti
Date Added : 18-01-2015

The Statement of the Board of Iftaa' Over the Denouncement of the Caricature Insulting Prophet Mohammad (PBUH)

 

 

The Board of Iftaa' Researches and Islamic Studies reviewed in the first session held on Thurdsday (24/Rabi' Al-Awal/1436 AH) corresponding to (15/01/2015 AD) and issued the following statement: 

Allah`s prophets and messengers are the best of all creation, the dearest to Him and the most honorable. He sent them as a guidance and a mercy to mankind, so insulting one of them is tantamount to insulting all of them because we, Muslims, make no distinction between any of Allah`s messengers for He, The Most Exalted Says in the Holy Quran (What means): "The Messenger believes in what was revealed to him from his Lord, and the believers; each one believes in God and His angels, and in His Books, and His messengers, 'we make no distinction between any of His messengers'. And they say, 'we hear and obey; your forgiveness, our Lord; to you is the homecoming'." [Al-Baqarah/285]. Therefore; We don't tolerate any minor distortion against our Prophet Muhammad (PBUH).

 

Those who have insulted the Messenger (PBUH) have no idea who he really is; they have committed their act out of ignorance, or in pursuit of some worldly profit. Had they reviewed his biography and personal attributes, they would have realized that he is a role model and a charismatic leader, and so they would have stood up in respect and admiration for this great Prophet. Allah has praised him in His Eternal Book (Quran) where He Says (What means): "And thou (standest) on an exalted standard of character." [Al-Qalam/4].

 

The Board of Iftaa`, Research and Islamic Studies confirms that the insulting caricature published by the French satirical newspaper is a clear proof of intentional instigation of hatred and trial the world over, and it should be countered  with decisive measures. Therefore, Muslims shoulder the responsibility of defending the Prophet (PBUH) through applying his Quranic etiquettes, bringing out his beautiful image before the whole world, refuting suspicious matters targeting him and his biography, and abstaining from violence, terrorism and killing as these only lead to distorting the beautiful image of Islam and Muslims.

 

On its part, the Board calls for defending Islam as well as its honorable Prophet via various means of mass media, social and cultural events, initiating dialogue with influential parties and spreading his Sunna (Prophetic tradition) throughout the different aspects of daily life in order for us (Muslims) to be the best followers of the best of prophets and messengers.

 

The Board of Iftaa', Researches and Islamic Studies

 

 

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Summarized Fatawaa

What is the ruling on one who performs ablution or the ritual bath while having nail polish?

Nail polish must be removed before ablution or ritual bath so that water reaches what is beneath it, because it is a barrier that prevents water from reaching that area. This is based on the hadith narrated by Ali (may Allah be pleased with him) from the Prophet (peace be upon him): "Whoever leaves a hair's breadth of his body unwashed from major impurity, such and such will be done to him in the Fire." (Reported by al-Bukhari). And Allah the Almighty knows best.

What is the Islamic ruling on the aqiqa?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is a confirmed Sunnah (sunnah mu'akkadah). Two sheep are to be slaughtered for a newborn boy, and one sheep for a newborn girl. This is established by numerous Prophetic traditions, among them:
The narration of Samurah ibn Jundub, may Allah be pleased with him, who reported that the Messenger of Allah ﷺ said: "Every child is held in pledge for his 'aqīqah, which is slaughtered on his behalf on the seventh day, and he is named, and his head is shaved." — Narrated by al-Tirmidhī, who graded it as ḥasan ṣaḥīḥ.
And the narration of 'Ā'ishah, may Allah be pleased with her, who said: "The Messenger of Allah ﷺ commanded us to slaughter one sheep as 'aqīqah for a girl, and two sheep for a boy." — Narrated by Aḥmad and Ibn Mājah.
The imperative in these narrations is understood to denote recommendation rather than obligation, based on the ḥadīth of 'Amr ibn Shu'ayb, on the authority of his father, on the authority of his grandfather, who said: The Messenger of Allah ﷺ was asked about the 'aqīqah, whereupon he said: "Allah does not love 'uqūq" — as though he disliked the name itself — and then said: "Whoever has a child born to him and wishes to offer a sacrifice on their behalf, let them do so: two equivalent sheep for a boy, and one sheep for a girl." — Narrated by Aḥmad and Abū Dāwūd.
The legal inference drawn from this narration is that the Prophet ﷺ linked the slaughter to the wish and willingness of the individual, saying: "whoever wishes to offer a sacrifice... let them do so" — thereby indicating that the 'aqīqah is recommended (mustaḥabb) and not obligatory (wājib).
And Allah Almighty knows best.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

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