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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 on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

A woman made a wig for herself from her own [previously shed] hair, which she wears on her head after having lost her hair [due to hair loss]. Is this permissible?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Since the hair belongs to the woman herself, the wig can be removed during the obligatory ghusl (ritual bathing), and part of the head can still be wiped during wuḍū' (ablution), there is no sharī‘ah objection to making this wig — provided she does not appear wearing it in front of non-maḥram men (Any males outside a woman's immediate family whom she is permitted to marry under Islamic law), since it is not permissible for them to look at a woman's detached hair.
It is stated in Rawḍat aṭ-Ṭālibīn wa ‘Umdat al-Muftīn: "Whatever it is not permissible to look at while still attached [to the body] — such as the male genitalia, a free woman's forearm, the hair of her head, and a man's pubic hair, and similar matters — it remains unlawful to look at even after it has been detached [from the body], according to the more correct position (al-aṣaḥḥ)." And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on opening an account in a commercial bank in order to deposit a sum and use it for personal purposes, such as transfers and electronic payments?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is forbidden for a Muslim, if he has a choice, to open an account in an interest-based (ribawī) bank, even if the account earns no interest, because doing so assists in ribā, based on the saying of Allah the Exalted (which means): “And cooperate in righteousness and piety, but do not cooperate in sin and aggression.” [al-Māʾidah/2]
This is because such banks invest deposited funds in forbidden ribā-based transactions, and depositing with them is therefore a form of assisting them in what is unlawful. Assisting in what is unlawful is prohibited by the Sharīʿah. However, if there is a pressing need to open an account in an interest-based bank and it is not possible to open one in an Islamic bank, there is no objection to doing so.
The ruling on bank interest and the prizes distributed by interest-based banks was previously explained in Fatwa no. (471). And Allah Almighty knows best.

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.

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