Articles

People`s Honor is inviolable
Author : The General Iftaa` Department
Date Added : 14-05-2023

People`s Honor is inviolable

 

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. Allah says {what means}: " Say: the things that my Lord hath indeed forbidden are: shameful deeds, whether open or secret; sins and trespasses against truth or reason; assigning of partners to God, for which He hath given no authority; and saying things about God of which ye have no knowledge." {Al-`Araf, 33}.

The Message of Islam delivered to humanity through Prophet Mohammad (PBUH) steers societies and civilizations to the straight path, spreads love and mercy, fights all forms of transgression and destruction from which Islam is innocent.

Amongst the higher objectives of Sharia (Maqasi) is preserving honor and lineage as well as building family on sound foundations according to the rules of true Sharia, which made marriage a permanent sacred contract and a solemn covenant to establish the family and protect it against transgression and corruption.

Islam considered violating the honor and property of Muslims as a grave sin that entails penalties in this life and the next, in addition to considering this an act of injustice to self and society. Indeed! Allah doesn`t love those who do wrong.

Part of the affliction that we are noticing nowadays is that some who claim to be scholars use social media to launch twisted calls that involve twisting Sharia texts and taking them out of their context to serve certain purposes that don`t lie in the best interest of the Muslim nation. Rather, they distort the luminous image of Islam, twist its noble objectives, and spread discord and dissension.

One of these corrupt calls is the call for establishing families without the valid marriage contract that adheres to the teachings of Sharia. This is knowing that Sharia presented family provisions in details to hinder the mischievous or the ignorant from tampering with them. 

It is the duty of the Iftaa` Department to warn against the perverted views that are formulated in the shape of Fatwa. It stresses that these don`t represent the true nature of Fatwa nor the considerable opinions of the learned men of the faith. This is because they don`t rest on correct evidence, aren`t issued by the considerable and qualified scholars of Fatwa and they include rulings that are corrupt and contradict with the higher objectives of Sharia.

We pray that Allah bless this country with peace and security along with the rest of the Muslim countries.

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Summarized Fatawaa

What is the semi-circular structure attached to the Holy Kabah?

The semi-circular structure attached to the Holy Kabah is Hijr Al-Kabah (is a low wall originally part of the Kabah) and passing behind it is an obligation while making Tawaf because it is a part of the Holy Kabah. And Allah Knows Best.

What is the ruling on Jumu‘ah (Friday) prayer for a traveler, and what are the conditions for it to be waived from him?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Jumu‘ah (Friday) prayer is not obligatory upon a traveler, whether on a long or short journey, provided that — according to the Shāfi‘ī school — he departs from his place of residence before the time for Fajr prayer begins, and that he does not intend to stay in the place he travels to for four days or more, excluding the day of arrival and the day of departure. If he intends to stay longer than that, he may not make use of the travel concession simply by arriving in that town. If he begins his journey after the adhān for Fajr has already been called, then Jumu‘ah prayer remains obligatory upon him, whether in his own town or in any town where Jumu‘ah is being held.
It is stated in Bushrā al-Karīm (Vol.1/p.383), from the books of the Shāfi‘ī school: "Jumu‘ah [prayer] is not obligatory upon a traveler on a permissible journey, whether long or short, if he departs from his place of residence before Fajr."
A "short journey" refers to travel covering a distance shorter than that of a long journey — that is, less than (81 km). The traveler begins to be entitled to travel concessions once he passes beyond the built-up limits of his town. And Allah, the Exalted, knows best.

What is the ruling on attending relatives` parties held in public halls, or hotels since if we don`t, we will be subjected to their admonition?

If such parties involve mixing between men and women, or forbidden acts such as listening to songs with sinful lyrics, then attending them is forbidden from the view point of Sharia since people`s admonition is nothing compared to Allah`s, The Almighty`s, wrath.

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.