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Contemporary Fatwas and Human Rights
Author : Dr. Hassan Abu_Arqoub
Date Added : 18-09-2022

Contemporary Fatwas and Human Rights

 

The Universal Declaration of Human Rights was created on 10 December 1948. This preamble states: "The inherent dignity of all members of the human family is the foundation of freedom, justice and peace in the world."

The foundation upon which the Universal Declaration was built is that human dignity is shared by all people, no matter who they are or where they live. This exact meaning is reflected in the Message Islam came with and called people to. Here, Allah The Almighty Says (What means): "We have honoured the sons of Adam; provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favours, above a great part of our creation." [Al-Israa`/70]. A person deserves to enjoy human dignity because he/she is a human being, regardless of any differences.

Sharia has established its rules upon this solid foundation of respecting a human being and honoring him/her. This was and still is the basis of the Jurists` Fatwas.

One example in the old Fiqh is that the Hanfi jurists ruled that it isn`t permissible to sell human hair and bone despite the fact that they are pure. The Illah (the effective or operative cause behind a law) is, as reflected in the texts of Sharia, a dignified human being.

If we take a close look at the contemporary, Fatwas delivered by the General Iftaa` Department, we will notice that they respect human rights and take them into consideration. This is reflected in the following examples:

The Department has issued Fatwas addressing several issues. One Fatwa prohibited discharging guns in celebration of different occasions. Another forbade taking a life under the pretext of honor and forbade suicide to preserve life.

A Fatwa prohibited chastising with fire, opposing torture because it violates human dignity. It also banned filming people injured or killed in accidents to stop violating their privacy and dignity. Moreover, a Fatwa was issued allowing a Muslim to work for organizations concerned with protecting the rights of the vulnerable and war prisoners to support such groups.

There is a Fatwa prohibits the surgical removal of the uteri of the mentally challenged girls since this constitutes an act of aggression against human body through unnecessary surgery and incision. 

The Department has also delivered several Fatwas forbidding the right hand possession to preserve and respect human dignity. For instance, it forbade taking Yazidi women as war prisoners. It also called for claiming rights through the proper legal channels to be granted the right to a fair trial.

The Department has also confirmed that the wife is financially independent, none has the right to take her money without her consent, and has the right to inherit and it is forbidden to deny her that right.

The Department permitted giving Zakah to the poor student to encourage learning as an inherent human right. As a right to participate in cultural life, the Fatwa of the Department confirmed the rights of intellectual property and creativity.

At the practical level, the Department has organized a discussion session on human rights within the Iftaa` Cultural Forum under the heading "Human Rights: Concepts and Roots" delivered by the Commissioner General for Human Rights Dr. Mousa Braizat. 

In collaboration with the Ministry of Environment, the Department established a training course for its staff entitled "Media and the Environment" to train them to spread environmental awareness because a sound environment is a human right. This is in addition to the training workshop entitled (How to Deal with Disabled Persons). Another training workshop entitled "Learning Sign Language" was established for the staff of the Department to facilitate dealing with the deaf and mute. This is in addition to many Fatwas and activities that go in line with human rights in Islamic and international law, which indicates that Department pays attention to human aspects and isn`t far from the legislation that guarantees human rights and preserves human dignity.

 

 

The published article reflects the opinion of its author

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Summarized Fatawaa

When does the time for Udhiyah begin?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The time for Udhiyah (sacrificial offering) begins once the sun has risen on the day of Eid al-Adha—which is the tenth of Dhul-Hijjah—and a period of time has passed equivalent to two brief prayer units (Raka'at) and two brief sermons (Khutbah). It then continues until the sunset of the last of the days of Tashreeq, which are the eleventh, twelfth, and thirteenth of Dhul-Hijjah.
 
The Prophet (peace be upon him) said: "All the mountain passes of Mina are places of sacrifice, and in all the days of Tashreeq there is slaughtering." [Narrated by Al-Bayhaqi and Ibn Hibban].
 
The best time to slaughter is after finishing the Eid prayer, due to the saying of the Prophet (peace be upon him):
 
"Indeed, the first thing we begin with on this day of ours is to pray, then we return and slaughter. Whoever does that has attained our Sunnah, and whoever slaughters before [the prayer], it is only meat he has presented to his family; it is not part of the ritual sacrifice (Nusuk) in any way." [ٌReported by Bukhari & Muslim].
 
It is valid to sacrifice at any time, whether by night or by day; however, it is disliked (Makruh) at night. And Allah the Almighty knows best.

Is it permissible to include others in the reward of one`s sacrifice?

 

Praise be to Allah, and prayers and peace be upon our Master the Messenger of Allah.
 
It is permissible for the one offering a sacrifice (al-muḍaḥḥī) to include another person in the reward of the sacrifice, but it is not permissible for them to share in the price of the sacrifice. It is stated in Mughnī al-Muḥtāj (Vol.6/P.137) by al-Khaṭīb al-Shirbīnī: "If he includes another in the reward of his sacrifice and slaughters it on his own behalf, it is permissible." And Allah Almighty knows best.

Is it permissible to offer an Udhiyah on behalf of the deceased?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Offering a sacrifice (Udhiyah) on behalf of the deceased is permissible. This is the position of the Hanbalis [Kashshaf al-Qina’ by al-Bahuti (Vol.6/P.428)], and it was held by al-Abbadi of the Shafi’is [Bidayat al-Muhtaj by Ibn Qadi Shuhbah (Vol.4/P.358)]; it is also narrated from some Maliki and Hanafi scholars.
 
Abu Dawud included a chapter in his Sunan titled "Chapter: Offering the Sacrifice on Behalf of the Deceased," in which he narrated from Hanash, who said: "I saw Ali (may Allah be pleased with him) sacrificing two rams. I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace be upon him) enjoined me to sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace be upon him) said: "O Allah, this is from You and for You, on behalf of Muhammad and his Ummah; in the name of Allah, and Allah is the Greatest," then he slaughtered it. It is well known that among the Ummah of Muhammad (peace be upon him) are those who have passed away, yet he (peace be upon him) dedicated it to his entire Ummah.
 
Furthermore, multiple Sharia texts have consistently indicated that the rewards of righteous deeds reach the deceased. This includes the permissibility of fasting on behalf of the deceased if they died owing fasts, as well as the permissibility of performing Hajj on their behalf, both of which are established in authentic Hadiths. Since the rewards for fasting—a physical act of worship—and Hajj—a physical and financial act of worship—reach the deceased, then the sacrifice (Udhiyah) is even more likely to reach them.
 
Moreover, the scholars have reached a consensus (Ijma') that the rewards of charities reach the deceased, and the Udhiyah is a form of charity and falls under its general category. Based on all of this, we hold the view that offering a sacrifice on behalf of the deceased is permissible. 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.