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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

A woman committed adultery with several men and gave birth to a baby. Who is the father?

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 adulterers must be punished as prescribed in Sharia for they have incurred the wrath of Almighty Allah. Therefore, they must hasten to make repentance and ask Allah for forgiveness. However, the child born out of this unlawful relation is attributed to the mother. And Allah The Almighty Knows Best.

My husband wanted to sell a piece of land that was his own, but his father insisted that he transfer the land in his (the father’s) name so that he could sell it at a higher price. Then, my husband and his father would split the price. After my father-in-law sold the land, he denied everything and refused to acknowledge my husband’s right. My father-in-law passed away a year ago, and my husband’s brothers divided the inheritance, refusing to acknowledge that this land was a trust held by their father for my husband until it was sold. Are they sinful for knowingly denying that the land belongs to my husband, and what is the ruling on praying against them?
 
 
 
 
 

All perfect praise be to Alalh, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
Among the rights of the deceased upon their heirs are: preparing them for burial at death, settling their debts, returning people’s rights to them, executing their will, and then dividing their estate. What was mentioned in the question falls under the rights of others, even if they are among the heirs, and the deceased is not absolved of it unless it is returned to its rightful owners. This is because Allah, Almighty, forbids consuming others' wealth/properties unjustly. However, do not give up on seeking a solution by involving righteous and well - respected individuals who may have influence over them, in the hope that Allah guides them to goodness and correctness. As for supplicating against them, the prayer of the oppressed is not rejected, even if the oppressed person is not a Muslim. And Allah knows best.
 
 
 
 
 

Should I pick up the newspapers thrown at the street because they definitely contain sacred names?

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 Messenger of Allah (PBUH) says: "Be mindful of Allah and He will protect you." Part of this is protecting whatever contains the name of Allah. Therefore, if you see a paper containing Allah's name thrown in the street, then you should grab it and similar papers, then burn them in a clean place. Doing so is permissible because Othman (May Allah be pleased with him) has burnt copies of the Quran which didn`t match the main Mus-haf. However, you aren`t required to collect every paper in the street. And Allah The Almighty Knows Best.

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

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