Statement on Fatwa and Credibility in its Dissemination

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Summarized Fatawaa

Does smoking break the fast?

Yes, smoking breaks the fast because smoke particles intentionally enter the lungs, which are considered part of the body cavity (jauf).

What is the ruling on wiping over socks?

It is not permissible to wipe over most common socks today because the conditions for wiping are not met. The concession was reported for wiping over leather socks (khuff) and socks (jowrab) with conditions: They must be thick, not allowing poured water to penetrate, enable one to walk in them, be worn while in a state of purity (from ablution), cover the entire foot up to the ankles (meaning covering the protruding ankle bones), and not be torn. And Allah the Almighty knows best.

Must a person refrain from eating for the rest of the day if they break a fast of a vow (nadhr) or a make up fast (qada)?

Whoever observes a vowed fast (nadhr) or a makeup fast (qada) is prohibited from breaking it without a valid excuse. If they break it without a legitimate reason, they are sinful.

However, they are not required to refrain from eating for the rest of the day, because such restraint is only required out of respect for the month of Ramadan, not for other types of fasting.

Does touching women temporarily forbidden in marriage nullify ablution?

It is prohibited to touch, or to shake hands with such women as they are considered strangers, and doing so nullifies ablution.

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Statement on Fatwa and Credibility in its Dissemination

Author : The General Iftaa' Department

Date Added : 07-09-2022

Statement on Fatwa and Credibility in its Dissemination

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

The Iftaa` Department continues its sacred role in issuing Fatwas as part of its religious and national responsibility, and emanating from the words of Allah The Almighty Who Says (What means): "And before thee also the apostles We sent were but men, to whom We granted inspiration: if ye realise this not, ask of those who possess the Message." [An-Nahil/43].

These Fatwas cover a wide spectrum, such as acts of worship, transactions, philosophy, and morals. The Department stresses that its message aims to establish the foundations of the making of Fatwa in an institutionalized and global form. This is based on the magnanimous objectives of Sharia and the concepts of the true Islam in a bid to raise the religious awareness of society, preserve its intellectual security and social unity, and fortify it against aberrant and extreme thoughts.

It is well known that a Fatwa has special context and circumstances and is usually issued as an answer to a questioner who wants to know the ruling of Sharia on a certain issue. Some Fatwas are published on the Department`s website not for propaganda but to be benefitted from by researchers, academicians, and students of knowledge.

It has been observed that media publish some Fatwas out of their true frame and circumstances causing them to be misunderstood and reflecting a negative image of the nature of the Department`s work.

In addition to stressing the pioneering role of the media in transmitting the information, the Department reminds that it isn`t permissible to take the Fatwa out of its occasion, time, place or use it for a purpose other than that for which it was issued in the first place. Therefore, the Department calls on media to spread Fatwas based on the moral responsibility governing the staff working in this field. This is to serve the country and citizens as well as preserve its safety and security. And All perfect praise be to Allah The Lord of The Worlds.

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Summarized Fatawaa

If a father stops his daughter from getting married, is it permissible for her to conclude the marriage contract herself?

It is permissible for the father to stop his daughter from getting married if there was a lawful reason for that, and she isn`t allowed to conclude the marriage contract without her guardian. However, if her father denied her right in getting married for an unlawful reason, then she should go to court.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.

The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).

We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

Is a person who is in a state of Janabah (major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl (ritual bath)?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah (Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.

What is the ruling on combining (jam‘) and shortening (qaṣr) prayers when travel is repeated on a daily basis?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

A traveler is permitted to avail himself of the concessions of shortening and combining prayers once the distance of his journey reaches (81 km) or more. This is on condition that his journey is a permissible one, and that he begins shortening and combining only after setting out and passing beyond the built-up limits of the city in which he resides, or beyond the administrative boundaries of the area where he lives.

Accordingly, if the distance between one's workplace and one's place of residence reaches the distance upon which the concession of combining and shortening depends, then combining and shortening are permissible once he leaves the built-up area, even if this travel is repeated on a daily basis.

Ash-Shirbīnī (raḥimahullāh) said: "It is permissible to combine Ẓuhr and ‘Aṣr, either as an early combination (taqdīm) in the time of the first, or as a delayed combination (ta'khīr) in the time of the second; and likewise Maghrib and ‘Ishā' — either early, in the time of the first, or delayed, in the time of the second — during a long, permissible journey, in following [the Prophet's practice]. As for the delayed combination, it is established in the two Ṣaḥīḥs from the ḥadīth of Anas and Ibn ‘Umar (raḍiyallāhu ‘anhum). As for the early combination, Ibn Ḥibbān and al-Bayhaqī graded it ṣaḥīḥ from the ḥadīth of Mu‘ādh, and at-Tirmidhī graded it ḥasan." [Quoted with slight abridgment from Mughnī al-Muḥtāj, Vol.1/p.529]

The conditions for combining and shortening have already been explained in Fatwa No. 14 and Fatwa No. 842. And Allah, the Exalted, knows best.