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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.

What is the amount of the Fitr Zakah (obligatory charity) of Ramadan?

The Fitr Zakah of Ramadhaan is a Sa` (2500 grams) from what the people of that country or state eat the most. And Allah 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.

Can an Udhiyah be made up if its time is missed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the sacrificial animal (udhiyah) is a voluntary (nafl) offering and its prescribed time is missed after the three days of Tashriq have ended, then it is not to be made up as a sacrifice; rather, it becomes merely a sheep for meat.
 
However, if it was a vowed (nadhr) sacrifice and its time is missed, then it must still be slaughtered, and the slaughtered animal is to be treated as it would have been during its prescribed lawful time. And Allah Almighty knows best.

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