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A Statement on the Importance of the Muslim Nation`s Unity and the Need to Discard Disputes
Author : The General Iftaa` Department
Date Added : 17-08-2015

A Statement on the Importance of Muslim Nation's Unity and the Need to Discard Disputes  

 

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.

 

Based on Allah`s words (What means): "Verily, this brotherhood of yours is a single brotherhood, and I am your Lord and Cherisher: therefore serve Me (and no other)." [Al-Anbia`/92], in adherence to His injunction (What means): "And hold fast, all together, by the rope which God (stretches out for you), and be not divided among yourselves;" [Al-Imraan/103], as well the decisive heavenly guidance (What means): "And obey God and His Apostle; and fall into no disputes, lest ye lose heart and your power depart; and be patient and persevering: For God is with those who patiently persevere." [Al-Anfaal/46].

 

Out of the religious, historic, and human responsibility, which makes it imperative upon Muslims to be candid and advise one another through calling for maintaining the nation`s unity, man`s dignity, and the security of the Muslim countries, the General Iftaa` Department in the Hashemite Kingdom of Jordan-which is closely watching the dangers threatening our nation, the voices calling for revenge, the statements released through mass media inciting to trial, fanaticism and hatred-turns to our brothers in Egypt, Syria, Iraq, Libya, Yemen and other Muslim countries to stress the following:

 

First: Today, the Muslim nation has arrived at a situation, which contradicts with the teachings of Islam as regards belief, adherence to observing obligatory acts of worship, and the intentions of Sharia that call for unity and forbid bloodshed. This situation also contradicts with the historic models of our bright Islamic experience, which rested on values of brotherhood, advice and maintaining man`s dignity. Allah, The Almighty, Said (What means): "Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious: for thy Lord knoweth best, who have strayed from His Path, and who receive guidance" [An-Nahil/125].

 

Second: The nation`s unity, which was a reality over centuries as well as a dream for its sons, is experiencing a severe trial and repeated attempts to undermine it; therefore, it is the duty of its sons; especially the wise to be aware of this grave danger and stand up to it, in response to the call for brotherhood (What means): "The Believers are but a single Brotherhood" [Al-Hujuraat/10].

 

Third: The call for firmly establishing the nation`s unity dictates ending various political conflicts and Fatwas, which call for shedding blood, labeling Muslims as disbelievers (Takfeer), and undermining the peace and security of societies.

 

Fourth: We call on the scholars as well as the thinkers of the Muslim nation to favor the nation`s interest, maintain its solidarity and resort to reason in order to stop the killing of Muslims and to render the plots of those trying to undermine the internal peace and security of our societies a failure.

 

Fifth: We call on our Muslim nation to ignore voices that call for accusing Muslims with disbelief and treason, and to abide by the teachings of our true religion, which promotes the values of brotherhood, solidarity, cooperation and reconciliation.

 

We remind our nation with the themes of the Amman Message, which was launched by His Majesty King Abdullah the 2nd. It calls for adherence to the way of Islam in inviting people to Allah through wisdom, beautiful preaching, mercy and good deeds. Moreover, Islam forbids killing people and calls for discarding all forms of violence and extremism and at the same time expressing the importance human's dignity and sanctity which is one of Sharia objectives, as Allah, The Most Exalted Said (What means): We have honoured the sons of Adam." [Al-Israa'/70].

 

Sixth: In order for our nation to free itself from the trial that it is experiencing, its scholars and rulers are required to exert every effort possible to stop all forms of conflict, and resort to wisdom through constructive dialogue and giving priority to the nation`s interest over that of the individual`s. This in order for it to regain trust in itself, enhance the common aspects and delay disputes, as stipulated in the Sharia maxim: warding off harm takes precedence over making benefit, since the Prophet (PBUH) said: "

Whoever helps to kill a believer, even with half a world, he will meet Allah (PBUH) with (the words) written between his eyes, 'He has no hope of the mercy of Allah (PBUH).” [Ibn Majah].

 

We pray that Allah unites all Muslims, spares their lives, and bestows peace and security upon Jordan and the rest of the Muslim countries.

The General Iftaa` Department

 

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Summarized Fatawaa

Who is responsible for performing the aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The one upon whom the 'aqīqah is incumbent is whoever is obligated to financially maintain the newborn — whether the father, paternal grandfather, or mother. It is to be performed from their own wealth, not from the wealth of the newborn child.
As for one upon whom the financial maintenance of the newborn is not obligatory, they may not perform the 'aqīqah except with the permission of the one upon whom it is obligatory — namely, the father. And Allah Almighty knows best.

What is the ruling on combining more than one intention in the prayer, such as combining the *sunnah* of wuḍūʾ with the pre-Dhuhr *sunnah*, or combining the *sunnah* of greeting the mosque (*taḥiyyat al-masjid*) with the pre-Dhuhr *sunnah*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Combining two intentions in a single act of worship, which some jurists call the “overlapping of acts of worship”, has several cases and precise rules. These can be consulted in the books of legal maxims, such as al-Manthūr fī al-Qawāʿid al-Fiqhiyyah by al-Zarkashī and al-Ashbāh wa’l-Naẓāʾir by al-Suyūṭī. Among the most important of these rules:
First: If all of the acts of worship that one wishes to combine under one intention are obligatory, the intentions do not overlap. An example is combining the intention of the obligatory ʿAṣr prayer with that of the obligatory Dhuhr prayer. The intentions do not overlap in this case.
Second: If the two acts are specified supererogatory prayers (nawāfil muqayyadah) that are aimed at in themselves because of a particular time, occasion, or cause, or if they are an obligatory prayer and a specified supererogatory prayer, the intentions again do not overlap. An example is the Duha prayer, which may not be combined with, for instance, the regular sunnah of Dhuhr.
It is stated in Bushrā al-Karīm: “Whatever is not, in meaning, an absolute voluntary prayer, such as the Duha sunnah… is not subsumed under another. Rather, if he intends something else along with it… the prayer is not validly entered. This is because combining two obligations, two specified supererogatory prayers, or an obligation and a specified supererogatory prayer invalidates the prayer in cases not built upon overlapping, as ritual purification (ṭahārah) is.”
Third: If the two acts are absolute voluntary prayers (nawāfil muṭlaqah), or one of them is, where the texts of the Sharīʿah show that the aim of the voluntary act is to fill the time with worship, then overlapping of intentions is permissible. An example is the obligatory Dhuhr prayer together with the sunnah of greeting the mosque (taḥiyyat al-masjid). And Allah Almighty knows best.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the 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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