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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

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.

Is it permissible for a guardian (Big brother) to unlawfully stop his sister from getting married?

If the guardian denies her right in getting married for an unlawful reason, she should go to court in order to settle that matter, and the guardian is considered sinful in this case.

What is the ruling on wiping the head during ablution from behind a barrier like a headscarf (hijab)?

The obligation in ablution is to wipe some of the head; it is not a condition to wipe all of it. As for one who has a turban or headscarf on their head, it is permissible for them to wipe over it after wiping a part of their head in any place. This is easily done at the front of the head. This means the woman begins by wiping the front of her head from under the headscarf, then completes the wiping to the back of the head from over the headscarf. If the woman wipes over the headscarf on her head and the moisture reaches the scalp or some hair within the boundaries of the head, it suffices for wiping the head. And Allah the Almighty knows best.

What is the ruling on delaying Zakat al-Fitr until after Eid day?

It is forbidden to delay Zakat al-Fitr beyond the sunset of Eid day. If someone delays it past Eid day without a valid excuse, they have committed a sin and must immediately make up for it because their obligation remains unfulfilled, and they must clear their responsibility.