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The Final Act of the Fourth Iftaa' Forum Entitled "The Role of Islamic Culture in Forming Individuals and Societies"
Author : The General Iftaa` Department
Date Added : 15-11-2017

The Final Act of the Fourth Iftaa' Forum Entitled "The Role of Islamic Culture in Forming Individuals and

Societies"

  

 

On the occasion of choosing Amman as The Capital of Islamic Culture/2017 by The Islamic Educational Scientific and Cultural Organization (ISESCO), the General Iftaa' Department held The Fourth Scientific Forum entitled "The Role of Islamic Culture in Forming Individuals and Societies" on 14/11/2017 in collaboration with Ministries of Education, Culture,  Awqaf and Islamic Affairs and the Supreme Judge Department. 

The generous sponsorship of the Forum by his Royal Highness Prince Ghazi Bin Muhammad was appreciated by the attendants and they remembered the Hashemite efforts as well as the anniversary of the late king Hussein(May Allah have mercy on his soul) in enhancing the values of Islamic culture, which is based on tolerance, through building the modern Jordan, which rests on principles and constants, in addition to showing the bright picture of Islam.

The participants have come up  with the following suggestions and recommendations:

First: The Islamic culture is the spirit of the nation of  divine revelation, connected to the Prophecy of Mohammad and extended through the whole world and for all people. Yet, it is not meant for a certain party, sect, country or geography. On the contrary, the Islamic culture has eliminated all differences while preserving the constants of Islam and the Arab world.

Second: The aforementioned culture highlighted the meaning of freedom, eliminated slavery, protected the poor and depressed reflecting the most advanced concept of culture.

Third: The Islamic culture in Jordan adopts the concept of moderation and the methodology highlighting the bright image of Islam and its tolerant values founded by the Hashemite Family since the constitution of Jordan. In addition, it is linked with the roots of the nation and the Hashemite descendants of the Prophet(Peace be upon him).

Fourth: The Islamic culture in Jordan is compatible with the Islamic religion and the teachings of the Prophets who passed by Jordan. Therefore, this culture has to be applied.

Fifth: The aforementioned culture should be based on innovation that motivates people to make reform and accomplishment, and this can be achieved through enhancing the Islamic cultural programs at all levels: educational, social, political and media.   

 

Sixth: Calling for continued cooperation amongst institutions entrusted with cultural activities and turning it into fieldwork. This can be done through implementing ideas that touch upon the core function of the afore organizations.

Seventh: Promoting Islamic culture is a joint responsibility that should be shouldered, on the individual level, by every Muslim. On organization level, it should be shouldered by universities, schools, Masjids, libraries, research centers, cultural societies, elite groups and social activities.

Eighth: Increasing cultural awareness, tying it with Islamic values of tolerance, and advancing this culture through institutional partnerships and available means, constitute the safety valve for society, protecting it against extreme views and maintaining its peace and stability.

Nine: Promoting the value of the "Role Model" in the Muslim society, tying it with its deeply-rooted heritage and values, preparing future generations to have a sense of responsibility towards the challenges facing their nation to adapt with the emerging cultural issues on basis of openness and renewability. 

Tenth: Governmental and non-governmental organizations along with all members of society should participate in the advancement of the Muslim nation, and enhancing the true values of Islamic culture in fulfilling the divine command where Allah has enjoined Muslims to deliver the message of Islam by lawful means and in the most correct and  respectable manners. 

Eleventh: Calling upon national institutions to reflect the Islamic-cultural identity of the city of Amman, in particular, and the Hashemite Kingdom of Jordan, in general, addressing future generations through promoting the themes of the Amman Message, the message of tolerace, adopting its values and applying them in everyday life. This is in addition to applying the values embodied in the initiative "Kalima Sawa`" so that we reach safety by creating a society that is conscious, tolerant and accepts the other. And all perfect praise be to Allah, The Lord of The Worlds.

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Summarized Fatawaa

What is the meaning of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (Sacrificial Offering) refers to the livestock (An'am) that is slaughtered as an act of drawing closer to Allah the Almighty. This takes place on the day of Eid al-Adha (the 10th of Dhu al-Hijjah) and during the three days of Tashreeq that follow the day of Eid. And Allah the Exalted knows best.

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 to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).
Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.

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