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Mourning over Martyred Hero Pilot Mo'aaz Kasassbeh
Author : The General Iftaa` Department
Date Added : 08-02-2015

 

Mourning over Martyred Hero Pilot Mo'aaz Kasassbeh

 

 

Praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad, the seal of messengers, and upon all of his family and companions.

 

Almighty Allah Says in the Holy Quran (What means): "Of the believers are men who are true to that which they covenanted with Allah. Some of them have paid their vow by death (in battle), and some of them still are waiting; and they have not altered in the least." [Al-Ahzaab/23]. He, The Almighty also Says (What means): "Think not of those who are slain in God’s way as dead. Nay, they live, finding their sustenance in the presence of their Lord; They rejoice in the bounty provided by God: And with regard to those left behind, who have not yet joined them (in their bliss), the (Martyrs) glory in the fact that on them is no fear, nor have they (cause to) grieve. They glory in the Grace and the bounty from God, and in the fact that God suffereth not the reward of the Faithful to be lost (in the least)." [Al-Imran/179-171].

 

The Iftaa` Department mourns the martyr of Jordan, hero pilot Mo`aaz Kasassbeh who fought with tooth and nail  defending his faith and country until he joined his fellow  martyrs who had fallen down defending Islamic holy sites and Arabic territories. The Department denounces this heinous crime committed by a ruthless hateful gang in a barbaric manner forbidden by Islam, heavenly laws and international laws. This crime reflects a hidden hatred harbored by a misguided group that has tarnished the image of Islam and took up killing as a profession, violating the teachings of the Prophet who forbade exemplary punishment and burning. Whereas he (PBUH) said: "None can chastise with fire except the Rubb of the fire." [Abu-Dawood]. We highly regard Mo`aaz Kasassbeh who fell martyr with honor, pride and showed no hesitance, or compromise over his religion, belief, or country, following in the footsteps of the great heroes of the Jordanian Army.

 

The Department extends its deepest condolences to the martyr`s family and prays that Allah empowers them with patience and solace, and that he remains an example of honor and pride to his clan as he was to his religion, country, leader, army and all Jordanians throughout their glorious history which is replete with stories of heroism and sacrifice in defense of religion, holy sites and country.

Our Prophet said about this misguided group: "In the last days (of the world) there will appear young people with foolish thoughts and ideas. They will give good talks, but they will go out of Islam as an arrow goes out of its game, their faith will not exceed their throats. So, wherever you find them, kill them, for there will be a reward for their killers on the Day of Resurrection." [Bukhari]. In addition, he (PBUH) said about the ones martyred by such groups: "Their killed are the worst in sight of Allah, but those killed by them are the best to Him." [Ibn-Maja].

 

The department stresses that all Jordanians must unite at such critical times to counter those who try to create chaos and anarchy, and spread trials. It also emphasizes on supporting His Majesty King  Abdullah the second, may Allah protect him, in all his efforts that aim at protecting the true image of Islam against those who try to distort it.

 

In this critical stage of our Islamic nation`s history, having experienced many young people with foolish thoughts and ideas whom the Prophet described as: "Some people calling at the gates of the (Hell) Fire, and whoever will respond to their call, will be thrown by them into the (Hell) Fire." [Agreed upon]. Besides; in light of this stray, contradiction and some people`s inability to tell right from wrong, the General Iftaa` Department along with the rest of the religious institutions will remain the first line defense encountering deviant  thoughts and non-Islamic acts through highlighting the true image of Islam reflected in the teachings and practices of Prophet Mohammad (PBUH), the Prophet of mercy and humanity, who saved people from the darkness of ignorance, blood-shed, severance of kinship ties, and led them to light, knowledge, love, mercy, unity and compassion. These institutions will continue to uncover the suspicious matters of such deviant groups who have abused Islam and distorted its true image.

We support our brave soldiers in standing up to these criminals, apostates and enemies of religion. We highly appreciate their steadfastness in protecting our beloved country and its peaceful citizens.

 

We beseech Allah to forgive the martyr and bestow mercy upon him, and empower his family with patience and solace.

 

 

“Surely, we are Allah`s, and to Him we shall surely return”

"Soon will the unjust assailants know what vicissitudes their affairs will take!"

 

The General Iftaa' Dept.

 

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Summarized Fatawaa

Is it permissible to pay the Zakah (obligatory charity) for settling the debt of a deceased relative?

It is impermissible to pay the Zakah for settling the debt of the deceased since Zakah is paid to eligible recipients who are alive. As for the debts of the deceased, they are to be settled from the estate before dividing it amongst the heirs, but if the deceased didn`t leave an estate, then it is desirable for his/her heirs to settle those debts if they can afford them. And Allah Knows Best.

What is the ruling of Islamic Law on one who died owing debts and left no wealth? Is it obligatory upon the heirs to settle these debts?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The general rule is that if a person dies owing rights to other people, such as debts, these are settled from his estate, if he left any wealth, before the estate is divided. The Prophet (peace and blessings be upon him) said: “The believer's soul is suspended by his debt until it is settled for him.” Graded ḥasan by al-Tirmidhī. Repayment of debts takes precedence over the heirs’ right to inheritance.
If the deceased left no estate, or left wealth that was insufficient to cover his debts, it is not obligatory for the heirs to pay from their own wealth, but it is recommended for them to do so, because the deceased’s dhimmah (legal liability) remains occupied by the debt. It is reported in some narrations that he remains held in suspension until his debt is paid, and it is not part of filial righteousness for a child to leave his father’s dhimmah burdened with debt.
All of the children may contribute to settling the debt on behalf of their father and cooperate in doing so, even in installments, according to their ability. And Allah Almighty knows best.

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” 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.

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