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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

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.

A man led the people in prayer as imam, and at the end of the prayer he performed a prostration of forgetfulness (*sujūd al-sahw*) because he had omitted a short *sūrah* after al-Fātiḥah. What is the ruling on his prayer and that of those praying behind him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
According to the Shāfiʿī school, it is sunnah to recite a sūrah after al-Fātiḥah in the prayer. One who omits it has a valid prayer, and no prostration of forgetfulness (sujūd al-sahw) is prescribed for omitting it. If someone performs sujūd al-sahw for its omission while knowing the ruling and remembering it, his prayer is invalidated. But one who is ignorant of the ruling, or who did so out of forgetfulness, his prayer is not invalidated, because this is among the matters that are obscure to people, and ignorance of it is not restricted to those who recently entered Islam.
Shaykh al-Islām al-Shams al-Ramlī said in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj (Vol.2/p.70): “The remaining sunnahs are not compensated for by prostration, such as the remembrances (adhkār) of bowing and prostration, that is, the opening supplication (duʿāʾ al-iftitāḥ) and the sūrah, in accordance with the base rule, because they are not of the same nature as what has been reported [as compensable]. If one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to ignorance. As for the objection raised that the ignorant person does not know that sujūd al-sahw is prescribed, and whoever knows it knows its place, this is refuted by denying such a necessary connection, for the ignorant person may hear only that sujūd al-sahw is prescribed before the salām, and so assume that it applies to every sunnah and is not restricted to its prescribed place.”
This is among the matters that are obscure, in which the mukallaf is excused for ignorance, as stated by al-Shabrāmallisī in his Ḥāshiyah ʿalā Nihāyat al-Muḥtāj (Vol.2/p.70).
However, if the imam prostrates, and the follower (maʾmūm) presumes that his imam’s prostration is for a reason for which one does not prostrate, it is not permissible to follow him in it, so long as the follower knows the ruling.
Accordingly, the prayer of one who did not recite a sūrah after al-Fātiḥah is valid, and sujūd al-sahw is not prescribed for it. Whoever prostrates out of ignorance or forgetfulness, his prayer is valid, because this is among the issues hidden from the general public. But whoever prostrates while knowing the ruling and remembering it, his prayer is invalidated. And Allah 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.

"I told my family at night: 'I will fast tomorrow as qaḍā' (a make-up fast),' but I forgot to make the intention before sleeping. Is my fast valid?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
 
The intention is obligatory in acts of worship. For obligatory fasting, the required intention is to resolve to fast during the night [before dawn]. Its proper locus is the heart, while verbalizing the intention out loud in acts of worship is a sunnah — so that the tongue may align with the heart. If the intent behind the statement in question was the intention to fast, then it is valid; but if the intent was merely to inform someone, or reflected hesitation or doubt, then it is not valid.
 
It is stated in *Bushrā al-Karīm* (Vol.1/P.216): "It is a sunnah to verbalize the intention — that is, whatever has already been intended in the heart, whether an obligatory or a voluntary act — such as specifying the number of rak‘ahs, just before the opening takbīr — so that the tongue may assist the heart, and because this is further removed from whispered doubts (waswasah), and in order to accommodate the view of those who held it obligatory in every act of worship that requires an intention (even though this is a minority position), by analogy with Ḥajj."
 
Accordingly: if the intention to fast arose in your heart before the second adhān [i.e., before Fajr], then your fast is valid.
 
And Allah, the Exalted, knows best.

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