Caution and Verification are behind the Delay in Issuing Fatwa

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Summarized Fatawaa

"If the fidyah becomes obligatory upon a pregnant or nursing woman because she broke her fast out of fear for her child, is it obligatory from her own wealth, or from her husband's wealth?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

The fidyah (ransom/compensation payment for breaking the fast) is obligatory from the wife's own wealth, and is not obligatory upon the husband unless he voluntarily chooses to pay it on her behalf.

It is stated in Mughnī al-Muḥtāj (Vol.2/P.174): "If the two [the pregnant woman and the nursing mother] fear for the child alone — such as a pregnant woman fearing miscarriage, or a nursing mother fearing that her milk supply would decrease, thereby endangering the child — then both the qaḍā' (making up the missed fast) and the fidyah become obligatory upon them, to be paid from their own wealth." And Allah, the Exalted, knows best.

Is it a condition that a woman should untie her locks while making Ghusl (ritual bath)?

Ghusl from Janabah (ritual impurity), or menstruation obligates that water reaches the roots of the hair in order for the Ghusl to be valid, but if it doesn`t, then hair locks must be untied for water to reach them, and for Ghusl to become valid.

I`m infatuated with a man, is it permissible for me to make supplication that he falls in love with me and becomes my husband?

Islam has honored women by being proposed to by men, and not the other way around, so it is inappropriate for a woman to propose to a man since one who hastens in asking for a thing prematurely shall be punished by deprivation. In fact, such a phenomenon is the result of unlawful mixing between the two sexes.

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.

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Caution and Verification are behind the Delay in Issuing Fatwa

Author : The General Iftaa` Department

Date Added : 12-07-2023

Caution and Verification are behind the Delay in Issuing Fatwa

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.

In clarification for what was published by the news website "Saraya" under the title: "The Iftaa` Department Delays Issuing a Fatwa Regarding Foods, Believed to be Forbidden, Consumed by Jordanians" the writer wonders about the justifications for the delay in providing an answer to this issue!

Regarding this matter, the General Iftaa` Department clarifies that the delay in providing an answer is not a form of procrastination, as initially stated in the title. Rather, it is following the noble prophetic approach of caution and thoroughness before issuing the Fatwa since Allah will hold the Department accountable for it. The Prophet (PBUH) said: "Deliberateness is from Allah, and haste is from Satan." (Transmitted by At-Tirmidhi).

This prophetic approach is the direct reason for controlling the Fatwa and preventing it from deviating towards extremism or leniency, safeguarding it from error and danger. Moreover, it ensures that the Mufti is cleared from liability before Allah on the Day of Judgment, especially in delicate and intricate matters such as the issue of the ingredients used in the food industry.

It is an issue related to hundreds of diverse products that affect the lives of all Muslims. Thousands of companies and factories oversee these products, each with its own manufacturing and composition methods. The knowledgeable jurist is the one who distinguishes and contemplates whether a transformative "impossibility" has occurred in the substance's composition, or if mere "consumption and immersion" is sufficient, as some jurists have stated. This has been the subject of decisions by specialized jurisprudential assemblies.

This matter requires a great deal of Ijtihad (Independent reasoning) and consideration of advancements in industries and sciences today. Thus, the Iftaa` Department sought the guidance of specialized official institutions, such as the General Organization for Food and Drug Administration, to inquire about similar issues within the scope of this research.

However, anyone who believes that a Fatwa is an improvised political statement or a media sound bite has misconceived the principles of Islamic Law, which aims to uphold the interests of individuals and prevent harm from befalling them. May Allah have mercy on the Islamic scholars who have bequeathed to us the humility of saying, "I don't know." They were not driven by shyness or arrogance to withhold knowledge from its rightful owners or delay issuing a Fatwa. As the Prophet (PBUH) said: "Whoever seeks the pleasure of people by displeasing Allah, Allah will be displeased with him, and people will be displeased with him." (Transmitted by Ibn Hibban).

We advise the media to not hinder scientific institutions from carrying out their work with caution and excellence, especially the religious institutions responsible for issuing Fatwas and religious knowledge.

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Summarized Fatawaa

Is a person rewarded for refraining from all that breaks their fast when required to do so, and is it considered a valid fast?

If a person eats or drinks thinking that Fajr has not yet arrived, but then someone informs them that Fajr had already begun, they must refrain from eating for the rest of the day and make up the fast later.

If they observe the required restraint (imsak), they will be rewarded for obeying the command because fulfilling an obligation brings reward.

However, this is not considered a valid fast in terms of rulings. For example:

● It is not disliked (makruh) for them to use a miswak after noon.

● They are not encouraged to hasten the breaking of the fast at sunset.

● Other fasting-related rulings do not apply to them.

What are the Sunnahs and etiquettes recommended for the person offering the Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.

There are several Sunnahs (prophetic traditions) and etiquettes that are highly recommended for the person offering an Udhiyah (sacrificial offering) to observe:

First:

It is a Sunnah for anyone intending to offer a sacrifice to refrain from cutting or removing any of their hair or nails once the first ten days of Dhul-Hijjah begin. This is based on the statement of the Prophet (peace and blessings be upon him): "When the ten days [of Dhul-Hijjah] begin and one of you intends to offer a sacrifice, let him not touch any of his hair or skin." (Narrated by Muslim)

However, if someone does happen to remove any hair or nails, they have not committed a sin, and their sacrifice remains perfectly valid.

Second:

The person offering the sacrifice should ideally slaughter the animal themselves. If they are unable to do so, they should at least witness its slaughter. This is drawn from what our Master, the Messenger of Allah (peace and blessings be upon him), said to Lady Fatima (may Allah be pleased with her):

"Stand up and witness your sacrifice, for with its very first drop of blood, every sin you have committed will be forgiven." (Narrated by Al-Tabarani in his Mu'jam, Al-Hakim in his Mustadrak, and Al-Bayhaqi in his Sunan)

Third:

Face the Qiblah (the direction of prayer) at the time of slaughtering, as the Qiblah is the most honorable of directions.

Fourth:

Pronounce the name of Allah (Tasmiyah) at the moment of slaughter by saying: "Bismillah ar-Rahman ar-Rahim" (In the Name of Allah, the Most Gracious, the Most Merciful). Even if one forgets to say it, the meat remains lawful (Halal) to eat. Allah, Blessed and Exalted is He, says:

"So eat of that [meat] upon which the name of Allah has been mentioned." (Al-An'am: 118)

It is also recommended to send blessings upon our Master, the Messenger of Allah (peace and blessings be upon him), and to follow it with the Takbeer (Allahu Akbar).

Fifth:

Supplicate for acceptance by saying: "Allahumma hadhihi minka wa ilayka, fa-taqabbal minni" (O Allah, this is a blessing from You and is offered back to You, so please accept it from me). This means: This sacrifice is a blessing that originated from You, and I am offering it to draw closer to You. And Allah the Almighty 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 virtue of performing ‘Umrah in Ramadan?

Ibn ‘Abbas narrated: "When the Prophet ﷺ returned from his Hajj, he said to Umm Sinan Al-Ansariyyah: ‘What prevented you from performing Hajj?’ She replied: ‘Abu So-and-so (referring to her husband) had two camels—he performed Hajj on one of them, and the other was used to irrigate our land.’ The Prophet ﷺ then said: ‘Performing ‘Umrah in Ramadan is equivalent to Hajj with me.’" [Narrated by Al-Bukhari]

The Prophet ﷺ also said: "An ‘Umrah in Ramadan is equivalent to a Hajj." [Narrated by Al-Tirmidhi]

For those who miss the opportunity to perform ‘Umrah in Ramadan, there are many other ways to earn great rewards. One of them is praying Fajr in congregation, then remaining in the mosque remembering Allah until sunrise, and praying two rak‘ahs.

The Prophet ﷺ said: "Whoever prays Fajr in congregation, then sits remembering Allah until the sun rises, and then prays two rak‘ahs, will receive the reward of a complete Hajj and ‘Umrah—complete, complete, complete." [Narrated by Al-Tirmidhi]