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A statement on Recognizing Jerusalem as Capital of the Israeli Entity
Author : The General Iftaa` Department
Date Added : 07-12-2017

 

All perfect praise be to Allah, The Lord of The Worlds and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

The General Iftaa' Department strongly condemns the resolution taken by the US administration in which it recognized Jerusalem as capital of the Israeli occupation and  decided moving the US Embassy there. This act constitutes a flagrant violation against Muslims' creed.

On its part, the Dept. reminds the world of the UNISCO's World Heritage Center`s resolution which ascertains that Israel has no sovereignty over Jerusalem. Accordingly, the U.S resolution is invalid in all forms and defies the international law and all related resolutions. Moreover, issuing such resolution incites conflicts and crises in a region that is already suffering the scourge of war.

Almighty Allah has privileged Al-Aqsa Mosque with a special place in the hearts of all Muslims emanating from  the essence of their belief since it  (Al-Aqsa Mosque) is the first of the two Qiblahs (Al-Aqsa Mosque and Al-Masjid Al-Haraam of Makkah), the second of the two Holy Mosques (The sacred mosques of Makkah and Medina) ,the third of the Harams as well as the place from where the Messenger (PBUH) embarked on his nocturnal journey (Al-Israa`wal Mi`raaj). Al-Aqsa Mosque is a sacred destination to which hearts of Muslims yarn and rewards are multiplied. The Prophet (PBUH) said: "You should not undertake a special journey to visit any place other than the three mosques: the Sacred Mosque of Makkah, this Mosque of mine and Al-Aqsa Mosque (of Jerusalem). [Agreed upon].

We ,The Jordan Iftaa` Department, who are privileged with a wise Hashemite leadership that spares no effort in restoring and defending Al-Aqsa Mosque based on deeply-rooted Islamic belief that tightly bonds all Muslims, stress our rejection to all the provocative acts undertaken by the oppressive Israeli enemy against Muslims with the purpose of dividing as well as  Judaizing  the mosque. Almighty Allah Says in the Holy Quran (What means): "And who does greater evil than he who bars God's places of worship, so that His Name be not invoked in them, and strives to ruin them?; such men might never enter them, save in fear; for them in this world is degradation; and in the Hereafter a mighty chastisement." [Al-Baqarah /114].

We highly value the steadfastness of our Palestinian brothers and commend their heroic defense of Jerusalem and the holy places. We ask Allah The Exalted to bestow victory upon them and keep them strong.

In this era, it is the religious duty of all Muslims: people, leaderships, governments, and intellectuals to defend Al-Aqsa Mosque against all dangers and violations. We confirm that the guardianship over Al-Aqsa Mosque is the right of all Muslims represented by the Hashemite leadership which enjoyed that privilege by virtue of its historic legacy and the guardianship agreement signed with the Palestinian Authority, and not with the Israeli occupation authorities whose acts aren`t recognized as far as this matter is concerned. We also confirm that it is impermissible to undermine this guardianship over the holy places, or abdicate it.

We pray that Allah, The Exalted, protects Jerusalem, the Islamic sanctities and the Muslim nation. And All perfect praise be to Allah, The Lord of The Worlds.

The General Iftaa' Dept.

 

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Summarized Fatawaa

What is the ruling of Islamic Law on one who died owing debts and left no wealth? Is it obligatory upon the heirs to settle these debts?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The general rule is that if a person dies owing rights to other people, such as debts, these are settled from his estate, if he left any wealth, before the estate is divided. The Prophet (peace and blessings be upon him) said: “The believer's soul is suspended by his debt until it is settled for him.” Graded ḥasan by al-Tirmidhī. Repayment of debts takes precedence over the heirs’ right to inheritance.
If the deceased left no estate, or left wealth that was insufficient to cover his debts, it is not obligatory for the heirs to pay from their own wealth, but it is recommended for them to do so, because the deceased’s dhimmah (legal liability) remains occupied by the debt. It is reported in some narrations that he remains held in suspension until his debt is paid, and it is not part of filial righteousness for a child to leave his father’s dhimmah burdened with debt.
All of the children may contribute to settling the debt on behalf of their father and cooperate in doing so, even in installments, according to their ability. And Allah Almighty knows best.

Who is the one required to slaughter the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah for the 'aqīqah to be slaughtered by the guardian of the newborn — the one upon whom the child's financial maintenance is obligatory — provided he is financially capable of doing so. 'Alī ibn Abī Ṭālib, may Allah be pleased with him, reported: "The Messenger of Allah ﷺ performed the 'aqīqah for al-Ḥasan with one sheep." — Narrated by al-Tirmidhī. And Allah Almighty knows best.

What is the ruling on using the *subḥah* (prayer beads) to count during *tasbīḥ* and *dhikr*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is recommended to use the ordinary or electronic subḥah (prayer beads or counter) to count tasbīḥ, dhikr, and istighfār, because it helps one to remember Allah. Many reports have been transmitted from the Companions and the Followers (tābiʿūn) showing that they continued to use strings of date pits as an aid to dhikr and tasbīḥ.
It is one of the lawful means of worship. Indeed, what is established from the Prophet (peace and blessings be upon him), namely that he counted tasbīḥ on his right hand, shows that it is permissible to count tasbīḥ with whatever helps a Muslim keep track of the number. There is therefore no basis for calling it an innovation (bidʿah), and we know of no jurist who said so.
Al-Ḥāfiẓ al-Suyūṭī (may Allah have mercy on him) wrote a dedicated treatise on the subject titled al-Minḥah fī al-Subḥah, printed within al-Ḥāwī li’l-Fatāwī (vol. 4–6).
Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī (may Allah have mercy on him) was asked: Does the subḥah have a basis in the Sunnah? He replied: “Yes, and al-Ḥāfiẓ al-Suyūṭī wrote on this. Among the evidence is what is authentically reported from Ibn ʿUmar (may Allah be pleased with them both): ‘I saw the Prophet (peace and blessings be upon him) counting tasbīḥ on his hand.’ Ibn Abī Shaybah, Abū Dāwūd, and al-Tirmidhī also narrated: ‘Hold fast to tasbīḥ, tahlīl, and taqdīs, and do not be heedless, lest you forget the affirmation of Allah’s oneness (tawḥīd). Count them on the fingertips, for they will be questioned and made to speak.’ Counting tasbīḥ with pebbles, date pits, and a knotted string has also been reported from a group of the Companions and those after them. Some scholars held that counting on the fingertips is better than the subḥah, based on the ḥadīth of Ibn ʿUmar. Others distinguished, saying: if the one reciting is safe from miscounting, counting on the fingertips is better; otherwise the subḥah is better.” [al-Fatāwā al-Fiqhiyyah al-Kubrā, Vol.1/p.152]. And Allah Almighty knows best.

Is a person who forgot to make up missed fasts until the next Ramadan began required to pay expiatory compensation (Fidyah) alongside the makeup fast (Qada')?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Whoever forgets to make up missed fasts of Ramadan (Qada') until the following Ramadan begins incurs no sin, pursuant to the statement of the Messenger of Allah (peace and blessings be upon him): "Indeed, Allah has pardoned for my nation their mistakes, their forgetfulness, and that which they are coerced into doing." [Narrated by Ibn Majah, and Al-Bayhaqi in Al-Sunan Al-Kubra]
 
Furthermore, such an individual is not obligated to pay a expiatory compensation (Fidyah). It is stated in Bushra Al-Karim (p. 580)—one of the authoritative Shafi'i jurisprudential texts: "As for delaying it [the makeup fasts] due to a valid excuse—such as travel, breastfeeding, forgetfulness, or ignorance of the prohibition of delay (even for one living among scholars)—no Fidyah is required. This is because delaying performance during the actual month is permissible due to these excuses; hence, delaying makeup fasts is even more permissible, even if it continues for years."
And Allah Almighty knows best.

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