Articles

The Iftaa` Department Appreciates the King`s Speech
Author : The General Iftaa` Department
Date Added : 12-04-2023

Statement on the Speech Delivered by his Majesty King Abdullah II at the European Union

 

Although innocent, Islam is facing an unjust campaign aimed at distorting its true image and tying it with extremism and terrorism under the pretext of the practices of some who pretend to be followers of Islam. His Majesty`s speech at the European Parliament reflected the true Islam, its message of tolerance, values, sublime meanings and noble intentions. We, the Iftaa` Department, appreciate His Majesty's speech and its vital role in conveying the correct message of Islam to the whole world. Having said that, we affirm the following points:

 

Islam is a universal religion and Prophet Mohammad (PBUH) was sent to all of humankind. Allah the Almighty says {What means}: "We have not sent thee but as a universal (Messenger) to men, giving them glad tidings, and warning them (against sin), but most men understand not." {Saba`, 28}. It is the duty of every Muslim to convey this universal message in its true luminous shape to different peoples while taking into consideration the fact that difference between people is both realistic and natural. This is why Allah said {What means}: "If thy Lord had so willed, He could have made mankind one people: but they will not cease to dispute. Except those on whom thy Lord hath bestowed His Mercy: and for this did He create them: and the Word of thy Lord shall be fulfilled: "I will fill Hell with jinns and men all together." {Hud, 118-119}. This means that Allah created mankind to have mercy on them or that they differ. A Muslim should respect the will of Allah in His creation. Consequently, this divine honoring encompasses all people regardless of their faith. He the Almighty says {what means}: "We have honoured the sons of Adam" {A-Isra`, 70}. Islam honors and respects people as human beings regardless of race, color or religion. Allah created the difference between the people so that they get to know each other and exchange experiences to populate the world and be successors on the earth. Allah says {What means}: "O mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise (each other). Verily the most honoured of you in the sight of God is (he who is) the most righteous of you. And God has full knowledge and is well acquainted (with all things)." {Al-Hujurat, 13}.

 

Second: Islam calls for holding dialogue with the followers of different faiths and agreeing on common terms to achieve harmony. Allah says {What means}: " Say: "O People of the Book! come to common terms as between us and you: That we worship none but God; that we associate no partners with him; that we erect not, from among ourselves, Lords and patrons other than God." If then they turn back, say ye: "Bear witness that we (at least) are Muslims (bowing to God’s Will)." {Al-Emran, 64}.

 

Third: The moral aspect has a high status in the life of the Muslim at times of war and peace in the sense that he/she wouldn`t compromise the principles and constants emanating from believing in Allah the Message of His Prophet (PBUH). Allah says {What means}: "We sent thee not, but as a Mercy for all creatures." {Al-Anbiya`, 107}. In addition, Anas reported God's Messenger as saying, “Go in God’s name, trusting in God, and adhering to the religion of God’s Messenger. Do not kill a decrepit old man, or a young infant, or a woman; do not be dishonest about booty, but collect your spoils, do right and act well, for God loves those who do well.” {Transmitted by Bukhari}.

 

Fourth: We affirm the right of the people of Palestine to their land and their independent state with Al-Quds Al-Sharif as its capital as well as the right of Muslims in Al-Aqsa Mosque. In light of Sharia, it is the duty of all Muslims, be they peoples, leaders, governments and thinkers, to protect Al-Aqsa Mosque against the dangers and violations it faces.

 

We affirm that the custodianship of the Al-Aqsa Mosque is the right of Muslims represented by the Hashemite leadership whose custody of sanctities has been derived by virtue of its historical legacy, and the custodianship agreement signed with the Palestinian Authority. In addition, it isn`t allowed to waive this custodianship over sanctities whatsoever.

 

We pray that Allah keeps this country safe and spare it trials and tribulations, revealed and concealed. And All praise be to the Lord of the Worlds.

 

The General Iftaa` Department

 

 

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Summarized Fatawaa

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.

A man insulted the Divine Essence; is it obligatory for him to perform Ghusl?

 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Insulting or blaspheming the Divine Essence (Dhat al-Ilahiyyah) constitutes apostasy (Riddah). The perpetrator of this grave sin must immediately repeat the two testimonies of faith (Shahadah) and sincerely repent to Allah the Exalted. It is recommended (Sunnah) for them to perform a ritual bath (Ghusl), though it is not a mandatory condition [for the validity of their return to Islam]. And Allah the Exalted knows best.

What is the recommended supplication (Du'a) upon breaking the fast, and is it recited before or after breaking it?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is recommended (Mustahabb) for a fasting person to recite upon breaking the fast—that is, immediately after eating or drinking—the supplication: "Allahumma laka sumtu wa 'ala rizqika aftartu" (O Allah, for You I have fasted, and with Your provision I have broken my fast).
 
This is because our master, the Prophet (peace and blessings be upon him), used to say this. The narration was recorded by Abu Dawud with a good (Hasan) chain of transmission, albeit in a Mursal form (a narration where a Successor reports directly from the Prophet). Shaykh al-Islam Imam Ibn Hajar al-Haytami (may Allah have mercy upon him) stated: "Its Mursal status is inconsequential, as it pertains to virtuous deeds (Fada'il); furthermore, it was connected (Mawsul) through another chain of transmission." [Tuhfat al-Muhtaj, Vol.3/P.425]
 
It is also recommended to recite: "Dhahaba al-dhama'u wa ibtallat al-'uruqu wa thabata al-ajru in sha' Allah" (The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills).
 
This was recorded by Abu Dawud with a good (Hasan) chain. Our leading jurists (Imams) have explicitly stated that it is recommended for the fasting person to combine both supplications.
 
Imam al-Bajuri (may Allah have mercy upon him) stated:
 
 
"And his saying following his breaking of the fast—that is, it is recommended to say: 'O Allah, for You I have fasted, upon Your provision I have broken my fast, in You I have believed, to You I have submitted, and upon You I have relied. The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills. O You of vast bounty, forgive me. Praise be to Allah Who aided me so that I fasted, and provided for me so that I broke my fast. O Allah, grant us success in fasting, enable us to stand in night prayer during it, and aid us in it while people sleep, and admit us to Paradise in peace.'" [Hashiyat al-Bajuri, Vol.1/P.562]
 
Furthermore, the fasting person may supplicate with whatever good he or she wishes, for the supplication of a fasting person is answered. Al-Bayhaqi recorded on the authority of Anas ibn Malik that the Messenger of Allah (peace and blessings be upon him) said: "Three supplications are not rejected: the supplication of a parent for his child, the supplication of a fasting person, and the supplication of a traveler." And Allah Almighty knows best.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.