Articles

Statement Issued by the General Iftaa` Department
Author : The General Iftaa` Department
Date Added : 19-02-2023

 

From the Islamic perspective, the martyr is the one killed while fighting for Allah’s Word to become superior. Allah The Almighty Says {What means}: "And say not of those who are slain in the way of God: "They are dead." Nay, they are living, though ye perceive (it) not." [Al-Baqarah/154].

 

In addition, Abu Musa told that a man came to the Prophet and said, “One man fights for booty, one for the reputation of fighting, and one for his degree [of bravery] to be seen; which of them is in God’s path?” He replied: "The one who fights that God’s word may have preeminence is in God’s path." {Agreed upon}.

 

Accordingly, how can the Muslim killed by another Muslim be considered a martyr?! This is taking into consideration the fact that the Messenger of Allah (PBUH) said: "Reviling a Muslim is Fusuq (disobedience of Allah) and killing him is (tantamount to) disbelief." [Al-Bukhari and Muslim]. He (PBUH) also said: "The extinction of the whole world is less significant before Allah than killing a Muslim man." {Tirmithi}. 

 

In addition, inciting killing and destruction of property is considered a grave sin since the Messenger of Allah says: "… if anyone invites others to follow error, the sin, will be equivalent to that of the people who follow him (in sinfulness) without their sins being diminished in any respect." [Moslim].

 

Islamic Sharia prohibits taking life, except for a just cause, and transgressing against others property and honor. How could we judge that the Muslim killed by his fellow Muslim is a martyr! Allah The Almighty Says {What means}: "O ye who believe! Fear God and be with those who are true (in word and deed)." {At-Tawbah/119}. 

 

Consequently, it isn`t allowed for a Muslim to incite Muslims to kill each other then judge who goes to Heaven and who goes to Hell. This is since the Messenger of Allah {PBUH} says: "When two Muslims confront each other with their swords, both the slayer and the slain are doomed to Hell-Fire." {Agreed upon}.

 

As we know, a few months ago, citizens were given the permission to protest and express their opinions freely and they were treated respectfully to the extent that you would see them walking with the security forces side by side. It was a beautiful scene where the protestors expressed their opinions freely while the security forces provided protection to prevent sedition. Allah The Almighty Says {What means}: "but the plotting of Evil will hem in only the authors thereof." {Fatir/43}.

 

Both the protestors and the security forces are brothers and treated each other with mercy and kindness, and this is what we have actually seen on the ground. From an Islamic perspective, it is the duty of the scholars and thinkers to warn against seditions, revealed and concealed, since they will have serious repercussions on all members of society. Allah The Almighty Says {What means}: "And fear tumult or oppression, which affecteth not in particular (only) those of you who do wrong: and know that God is strict in punishment." {Al-Anfal/25}.

 

Prophet Muhammad (PBUH) said: "The happy man is he who avoids dissensions: happy is the man who avoids dissensions; happy is the man who avoids dissensions: but how fine is the man who is afflicted and shows endurance." [Related by Abu Dawood].

 

It is also the duty of the scholars to call people to preserve lives, properties, unity and avoid division and conflict. Allah, The Most Exalted Says {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-Anfal/46}.

 

As Ramadan is about to begin, we invite fellow citizens to unite, cleanse their hearts from any feelings of hatred and animosity, and learn a lesson from the shedding of innocent blood and violation of sanctities that is happening in neighboring countries.

 

This is a call to help the poor, the needy and the sick, in addition to warning the people not to engage in obscene and false speech, and to urge them to abide by virtuous morality and right behavior, especially as we prepare for the holy month of Ramadan. The Prophet (PBUH) said: "If one does not eschew lies and false conduct, Allah has no need that He should abstain from his food and his drink."[Agreed upon]. It is also a duty to call others to good word since it is a charity.

 

We seek refuge in Allah from trials both open and secret and that He Bless this country and other Muslim countries with safety and stability.

 

And All perfect praise be to Allah The Lord of The Worlds.

 

 

 

 

 

 

 

 

 

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Summarized Fatawaa

A woman died at the age of ninety. Her living children are nine: two sons and two daughters. The youngest of her grandchildren, from her son who passed away one year before her, is aged thirty-two. Are these grandchildren entitled to the obligatory bequest although they are aged thirty-two and above?

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.
A Muslim isn`t obligated to leave a bequest to his grandchildren whose father had passed away; rather, this act is recommended. Therefore, if he left a bequest whereby they get less than one third of the estate then Allah will reward him for that. However, if he left no bequest for them then they get nothing because their paternal uncles are alive and they are closer to the deceased and more entitled to inherit him. This is the position of the four schools of Islamic jurisprudence. However, the Personal Status Law didn`t adopt this position; rather, it gave them the same amount to which their father is entitled when alive but his father or mother are dead; provided that it doesn`t exceed one third of the estate. Therefore, we advise them (Grandchildren) to relinquish this share of the inheritance. If not, then we advise their paternal uncles to overlook the amounts taken from their shares and given to their paternal nephews. And Allah The Almighty Knows Best.

Is it permissible to have sexual intercourse with pregnant wife? 

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
There is no sin in having sex with one`s pregnant wife as long as there is no medical condition preventing her from that. And Allah The Almighty Knows Best.

Is it permissible to divide the Aqeeqah amongst one`s brothers and family?

Giving a portion of the Aqeeqah, even a small one, to the poor and needy is obligatory, and if one`s brothers and family are among the needy then, they are more entitled to it, and this way it is a charity and an observation of kinship ties. However, if they aren`t needy then, it is permissible to give them from the Aqeeqah after giving the poor and needy their share.

Is it permissible to pay the Zakah (obligatory charity) for settling the debt of a deceased relative?

It is impermissible to pay the Zakah for settling the debt of the deceased since Zakah is paid to eligible recipients who are alive. As for the debts of the deceased, they are to be settled from the estate before dividing it amongst the heirs, but if the deceased didn`t leave an estate, then it is desirable for his/her heirs to settle those debts if they can afford them. And Allah Knows Best.