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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

What is the ruling on performing the night prayer (*qiyām al-layl*) between the first and second adhān of Fajr? And which is better: delaying the prayer until shortly before the Fajr adhān, or performing it earlier than that?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The time for night prayer (qiyām al-layl) begins after the Maghrib prayer and lasts until the second adhān of Fajr. The best time for it is the last third of the night, and best of all are the fourth and fifth sixths of the night. If the night is divided into two halves, the latter half is better.
Whoever intends to pray at night is encouraged to delay the Witr until he has prayed the night prayer. If he knows that he will not wake up, it is better for him to pray and perform Witr before sleeping, so that he does not miss both the night prayer and the Witr.
It is stated in Mughnī al-Muḥtāj (Vpl.1/p.462): “I say: The voluntary prayer of the night, that is, the absolute voluntary prayer (al-nafl al-muṭlaq), is better than the absolute voluntary prayer of the day, because of the report in Muslim: ‘The best prayer after the obligatory prayer is the night prayer.’ In another narration of his: ‘In the night there is an hour that no Muslim man meets while asking Allah for any good of this world and the next except that He gives it to him, and that is every night.’ It is also because the night is a time of heedlessness. I restricted the voluntary prayer to the absolute kind following the commentator, although what the ḥadīth and the underlying meaning require is that the night rawātib be preferred over the day rawātib, since the jurists preferred the two rakʿahs of Fajr over everything except Witr. The middle of the night is better than its two ends if it is divided into thirds, because heedlessness is greatest then and worship is hardest. If he wishes to pray during some third, the best is the fourth and fifth sixths, based on the ḥadīth in the two Ṣaḥīḥs: ‘The most beloved prayer to Allah the Exalted is the prayer of Dāwūd: he would sleep half the night, stand for a third of it, and sleep for a sixth.’ Then the latter part is better than the first if he divides it into two halves, because of the saying of Allah the Exalted: ‘And in the hours before dawn they would ask forgiveness’ [al-Dhāriyāt: 18], and the report of the two Shaykhs: ‘Our Lord, Blessed and Exalted, descends,’ meaning His command descends, ‘to the lowest heaven when the last third of the night remains, and says: Who calls upon Me, that I may answer him? Who asks of Me, that I may give him? Who seeks My forgiveness, that I may forgive him?’”
It is also stated in ʿUmdat al-Sālik (p. 60): “It is better to perform it [the Witr] immediately after the sunnah of ʿIshāʾ, unless he has tahajjud, in which case it is better to delay it so that he performs Witr after it. If he performs Witr and then wishes to pray tahajjud, he prays two rakʿahs at a time and does not repeat the Witr, nor does he need to cancel it with a single rakʿah before the tahajjud. It is recommended that he not deliberately pray after it.”
Qiyām al-layl is a term applied to any prayer performed at night. Tahajjud, on the other hand, refers to the night prayer that follows sleep, whether it is prayed after Maghrib or after ʿIshāʾ, or the prayer performed after ʿIshāʾ without sleep. On this basis, the Witr is also called tahajjud, since it is only prayed after ʿIshāʾ.
It is stated in al-Majmūʿ (Vol.4/p.84): “The sound position, as stated in al-Umm and al-Mukhtaṣar, is that the Witr is called tahajjud.”
It is stated in Nihāyat al-Zayn (Vol.1/p.114): “Among the absolute voluntary prayers is qiyām al-layl. If it is performed after sleep, even during the time of Maghrib and after having prayed ʿIshāʾ early (taqdīman), it is called tahajjud.”
And it is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.1/p.418): “His statement: ‘(the night prayer)’: the genitive construction (iḍāfah) carries the sense of fī, meaning a prayer in the night. His statement: ‘(it would be more fitting)’: the reason it is more fitting is that the night prayer includes both tahajjud and other prayers.” And Allah Almighty knows best.

What is the Islamic ruling on the aqiqa?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is a confirmed Sunnah (sunnah mu'akkadah). Two sheep are to be slaughtered for a newborn boy, and one sheep for a newborn girl. This is established by numerous Prophetic traditions, among them:
The narration of Samurah ibn Jundub, may Allah be pleased with him, who reported that the Messenger of Allah ﷺ said: "Every child is held in pledge for his 'aqīqah, which is slaughtered on his behalf on the seventh day, and he is named, and his head is shaved." — Narrated by al-Tirmidhī, who graded it as ḥasan ṣaḥīḥ.
And the narration of 'Ā'ishah, may Allah be pleased with her, who said: "The Messenger of Allah ﷺ commanded us to slaughter one sheep as 'aqīqah for a girl, and two sheep for a boy." — Narrated by Aḥmad and Ibn Mājah.
The imperative in these narrations is understood to denote recommendation rather than obligation, based on the ḥadīth of 'Amr ibn Shu'ayb, on the authority of his father, on the authority of his grandfather, who said: The Messenger of Allah ﷺ was asked about the 'aqīqah, whereupon he said: "Allah does not love 'uqūq" — as though he disliked the name itself — and then said: "Whoever has a child born to him and wishes to offer a sacrifice on their behalf, let them do so: two equivalent sheep for a boy, and one sheep for a girl." — Narrated by Aḥmad and Abū Dāwūd.
The legal inference drawn from this narration is that the Prophet ﷺ linked the slaughter to the wish and willingness of the individual, saying: "whoever wishes to offer a sacrifice... let them do so" — thereby indicating that the 'aqīqah is recommended (mustaḥabb) and not obligatory (wājib).
And Allah Almighty knows best.

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.

What is the ruling on someone who curses the religion or commits an act of disbelief during the day in Ramadan?

Whoever apostatizes (leaves Islam) while fasting, their fast is invalid. Cursing the religion is an act of apostasy (may Allah protect us from it). Such a person must return to Islam by pronouncing the Shahadah (testimony of faith), seek Allah’s forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day’s fast later.

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