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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 of Islamic Law on leaving the Sunnah prayer of Dhuhr due to fatigue?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
According to the general rule, a Muslim should strive to maintain the Sunnah prayers before and after the obligatory prayers (al-sunan al-qabliyyah wa al-ba'diyyah). One is permitted to pray them sitting from the outset, but if one leaves them due to severe fatigue, there is no objection to doing so. It is recommended (mustahabb) to make up (qadā') a time-bound supererogatory prayer (nafl mu'aqqat) at any time if it was missed.
Al-Shirbīnī (may Allah have mercy on him) said: "If a time-bound supererogatory prayer is missed, it is recommended to make it up according to the more authoritative view (al-azhar), based on the hadith recorded in the two Ṣaḥīḥs: 'Whoever sleeps through a prayer or forgets it should pray it when he remembers it.' This is also supported by the fact that the Prophet (peace and blessings be upon him) made up the two rak'ahs of Fajr when he and his companions overslept in the valley and missed the dawn prayer until the sun had risen [narrated by Abū Dāwūd with an authentic chain]." And Allah, the Most High, knows best.

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the 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.

What should a person who doubted having missed a pillar of prayer do?

All praise be to Allah, The Lord of The Worlds.                                                                                                                                                                              The prayer of one who doubts having missed one of its pillars is valid, and nothing is due on him/her since having a doubt after offering the act of worship doesn`t undermine its validity. And Allah Knows Best.

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