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 someone who wakes up in a state of janābah (major ritual impurity) near the very end of the prayer's designated time, during cold weather — should he heat water in order to perform ghusl, even though the prayer's time will expire as a result, or should he perform tayammum instead?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the water is cold, and cannot be used due to fear of harm that is not ordinarily tolerable, or that would result in illness, then in this case it becomes obligatory to heat the water — even if heating it causes the time for Fajr to expire — and no sin is incurred in doing so, due to his valid excuse. He may not resort to tayammum (dry ablution) instead, since water remains available [and merely needs to be heated].
Imam Shihāb ad-Dīn Aḥmad ar-Ramlī (raḥimahullāh) said: "He was asked regarding a person who, if he were to use cold water, would experience harm that permits tayammum, and who has access to something with which he could heat the water — but if he heats it, the prayer's time will expire. Is it obligatory for him to heat it even if the time expires, or should he pray with tayammum within the prescribed time? He answered that it is obligatory for him to heat the water, even if the time for that particular obligatory prayer expires." [Fatāwā ar-Ramlī, Vol.1/P.98]
Imam al-Bājūrī (raḥimahullāh) said in his Ḥāshiyah on Sharḥ Ibn Qāsim (Vol.1/P.173): "And if he fears [harm] from using cold water, and is currently unable to heat it, but knows of a place where firewood is available, such that if he were to go there he would not return until after the prescribed time has expired — what appears [to be the correct position] is that it is obligatory for him to go and seek the firewood, even if the time expires as a result, as this is the position ultimately settled upon by ar-Ramlī, and as related from him by Ibn Qāsim." And Allah, the Exalted, knows best.

What is the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on the prayer of zawal?

 

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.
It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."
The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.
And Allah the Almighty knows best.

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.