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Resolutions of Iftaa' Board

Resolution No.(191): "Over Denouncement of the Israeli Attempts To Divide Al-Aqsa Holy Mosque"

Date Added : 19-11-2015

Resolution No.(191)(11/2013) by the Board of Iftaa`, Research and Islamic Studies:

"Over Denouncement of the Israeli Attempts To Divide Al-Aqsa Holy Mosque"

Date: the 2nd of Muharram , 1435 A.H, corresponding to the 6th of November , 2013 A.D.

 

 All perfect praise is due to Allah, The Lord of The Worlds; and may His peace and blessings be upon Prophet Mohammad and upon all his family and companions:

The Board of Iftaa`, Research and Islamic Studies discussed, in its tenth session held on the above given date, the Israeli aggression against Al-Aqsa Mosque; consequently, it has issued the following statement :

 Allah ,The Exalted ,Has Honored Al-Aqsa Mosque with a special status in the hearts of all Muslims, emanating from the essence of their belief  as it is the first of the two Kiblahs (Al-Aqsa Mosque and The Sacred Mosque of Makkah), the second of the two holy mosques (The sacred mosques of Makkah and Medina), the third of the Haraams as well as the place from where the Messenger (PBUH) embarked on his nocturnal journey (Al-Israa`wal Mi`raaj). Al-Aqsa Mosque is a sacred destination that the hearts of Muslims long to, and where their  rewards  are multiplied. The Messenger (PBUH) said: “You should not undertake a special journey to visit any place other than the three mosques: the Sacred Mosque of Makkah, this Mosque of mine and Al-Aqsa Mosque (of Jerusalem )." {Agreed upon}.

We, members of The Jordan Iftaa` Board, who are privileged with a wise Hashemite leadership that spares no effort in restoring and defending Al-Aqsa Mosque based on a deeply-rooted Islamic conviction that tightly bonds all Muslims, stress our dismissal of the Israeli acts of escalation which are intended to provoke the feelings of  Muslims as well as divide and judaize  the Mosque. Allah, The Exalted, Said (What means): “And who does greater evil than he who bars God's places of worship, so that His Name be not invoked in them, and strives to ruin them?; such men might never enter them, save in fear; for them in this world is degradation; and in the Hereafter a mighty chastisement." {Al-Baqarah/114}. 

We highly appreciate the steadfastness of our Palestinian brothers  and commend their heroic defense of Jerusalem and the holy places. We beseech Allah to grant them victory and keep them strong. In this era, it is the duty of  Muslims: people, leaderships, governments or thinkers to defend Al-Aqsa against different threats and offences.

 We sincerely pray that Allah pardons our sins , achieves our aspirations , grants us victory  and helps us retrieve our holy places; that is surely no difficult matter for Allah. And all perfect praise be to Allah, The Lord of The World.

 

 Chairman of the Iftaa` Board 

The General Mufti of The Hashemite Kingdom of Jordan/Abd Al-Kareem Al-Khasawneh .

Prof.Haiel Abd Al-Hafeed /member               Prof.Abd Al-Naasir Abu Al-Basal

His Eminence :Sheikh Sa`id Al-Hijawi/member             Dr.Yahia Al-Botosh

Prof.Mohammad Al-Gdah                              Dr. Mohammad Khair Al-Es

Dr.Wasif Al-Bakri / member                            Dr. Mohammad Al-Khalaileh/member

Dr.Mohammad Al-Zo`bi/member      

 

 

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Summarized Fatawaa

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What is required of a traveler or a sick person if they broke their fast and then their excuse ceased?

If a traveler settles or a sick person recovers after having broken their fast, it is recommended for them to refrain from eating and drinking for the rest of the day, but it is not obligatory.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

What is the ruling of Islamic Law on eating or drinking during the circumambulation?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is disliked (makrūh) to eat or drink during the circumambulation (ṭawāf).
Shaykh al-Islām Imām al-Nawawī states in al-Majmūʿ: "It is disliked to eat or drink during ṭawāf, and the dislikedness of drinking is lighter. Neither of them, nor both together, invalidates the ṭawāf. Al-Shāfiʿī said: 'There is no objection to drinking water during ṭawāf, and I do not consider it sinful; however, I prefer that it be avoided, as refraining from it is more befitting in terms of proper conduct.' Among those who explicitly stated the dislikedness of eating and drinking, and that drinking is the lesser of the two, is the author of al-Ḥāwī."
If, however, a person is in genuine need of drinking, then there is no dislikedness in doing so. In any case, the ṭawāf itself remains valid. And Allah the Almighty knows best.

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