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A Statement on the Barbaric Crime against the Palestinian Toddler
Author : The General Iftaa` Department
Date Added : 02-08-2015

 

A Statement on the Barbaric Crime against the Palestinian Toddler

 

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 world has witnessed the most barbaric act of Israeli terrorism, and that is burning the Palestinian toddler from Dawabsheh family in Nablus to death. Being an innocent baby failed to intercede for him before the Jewish extremism, so he joined the thousands of martyrs who had fallen in Palestine and Jordan.

 

This barbaric crime coincides with the Israeli aggression against Al-Aqsa mosque and its environs in order to create an accomplished fact where Jews attack the Islamic Holy sites and impose their authority on mosques where only Allah is worshiped.

 

Therefore, the General Iftaa Department stresses that the Israeli occupation as well as the international silence towards its crimes are the basis of extremism and terrorism, which are taking place in our Islamic World today.

 

Burning people to death, attacking mosques, and besieging people are some examples of the terrorist acts committed by the Israeli occupation. Heavenly justice-giving back rights to whom they belong- will be served with Allah`s help. Allah Says (what means): "O ye who believe! Persevere in patience and constancy; vie in such perseverance; strengthen each other; and fear God; that ye may prosper."

 

The General Iftaa` Department of Jordan

 

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Summarized Fatawaa

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.

Is a person rewarded for refraining from all that breaks their fast when required to do so, and is it considered a valid fast?

If a person eats or drinks thinking that Fajr has not yet arrived, but then someone informs them that Fajr had already begun, they must refrain from eating for the rest of the day and make up the fast later.
If they observe the required restraint (imsak), they will be rewarded for obeying the command because fulfilling an obligation brings reward.
However, this is not considered a valid fast in terms of rulings. For example:
● It is not disliked (makruh) for them to use a miswak after noon.
● They are not encouraged to hasten the breaking of the fast at sunset.
● Other fasting-related rulings do not apply to them.

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 ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.