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

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. What is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)
However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.
Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, knows best.

I bought an apartment, and I am saving money to pay the remaining balance of its price — is zakāh obligatory on this money?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh is obligatory on all saved/hoarded wealth. Once the total wealth reaches the niṣāb (minimum threshold liable for zakah— equivalent to the value of 85 grams of pure 24-karat gold) and a full ḥawl (lunar year) has elapsed over it, zakāh becomes obligatory at a rate of (2.5%) — even if the wealth is earmarked for basic future needs, and even if the wealth's owner is in debt. Debt does not prevent the obligation of zakāh, nor is it deducted when calculating the zakāh due, based on the general and unrestricted wording of all the Qur'anic verses commanding zakāh, which draw no distinction between someone in debt and anyone else.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone possesses exactly the niṣāb, and owes an equivalent amount in debt, zakāh remains obligatory on what is in his possession, and the debt does not prevent this obligation" — meaning, the obligation of zakāh on what is presently in his possession.
The ḥawl (annual cycle) recognized for zakāh, as well as for the other sharī‘ah obligations that Allah, the Exalted, has imposed upon Muslims, is the Hijrī (lunar) year. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

What is the ruling on using a patch to suppress hunger or a nicotine patch while fasting?

Fasting is a great act of worship and one of the pillars of Islam. If people knew the immense reward of Ramadan, they would wish for the whole year to be Ramadan.
Whoever eats Suhoor and breaks their fast according to the Sunnah will not experience extreme hardship, making such patches unnecessary.
However, using these patches does not break the fast because they are not a source of nourishment and do not enter the body cavity (jauf) through an open passage.