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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 reciting aloud (*jahr*) in a silent (*sirriyyah*) prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Reciting aloud (jahr) in the Fajr prayer, in the first two rakʿahs of Maghrib and ʿIshāʾ, and reciting silently (isrār) in the Dhuhr and ʿAṣr prayers is a sunnah. If the worshipper recites aloud where silence is prescribed, or the reverse, his prayer is valid, although it is better to follow the sunnah, in imitation of the Prophet (peace and blessings be upon him). Abū Hurayrah (may Allah be pleased with him) said: “In every prayer there is recitation. What the Messenger of Allah (peace and blessings be upon him) let us hear, we let you hear, and what he concealed from us, we conceal from you. If you add nothing to Umm al-Qurʾān (al-Fātiḥah), it suffices, and if you add to it, it is better.” Narrated by al-Bukhārī.
Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said in al-Majmūʿ (Vol.3/389): “The sunnah is to recite aloud in the two rakʿahs of Ṣubḥ (Fajr), Maghrib, and ʿIshāʾ, and in the Friday prayer, and to recite silently in Dhuhr, ʿAṣr, the third rakʿah of Maghrib, and the third and fourth of ʿIshāʾ. All of this is by the consensus of the Muslims, together with the mutually reinforcing authentic ḥadīths on the matter. This is the ruling for the imam. As for the individual worshipper (munfarid), it is sunnah for him to recite aloud according to us and according to the majority… If he recites aloud where silence is prescribed, or the reverse, his prayer is not invalidated, nor is there a prostration of forgetfulness (sujūd al-sahw) for it, but he has committed something disliked (makrūh).” And Allah Almighty knows best.

What is the ruling on swearing a false oath by the Holy Quran?

Swearing a false oath by the Holy Quran dips the oath-taker in Hellfire, and one who had done so should turn to Allah in repentance, seek His forgiveness, give back rights to whom they belong, and pay the oath expiation.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

What is the ruling on reciting the takbīr from Sūrat aḍ-Ḍuḥā to Sūrat an-Nās upon completing the recitation of the Qur'an (khatm)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is recommended to recite the takbīr from the beginning of Sūrat aḍ-Ḍuḥā through to the end of Sūrat an-Nās, and this is the recitation practice of the people of Makkah.
It is stated in Nihāyat az-Zayn (p. 65): "It is sunnah to begin each sūrah with the basmalah, since it constitutes a verse of it. It is also sunnah to say, before each sūrah — from aḍ-Ḍuḥā to the end of the Qur'an — 'Lā ilāha illallāh, wallāhu akbar' (There is no god but Allah, and Allah is the Greatest), based on what has been narrated regarding Imam ash-Shāfi‘ī (raḍiyallāhu ‘anh), who heard a man reciting this takbīr in prayer, and said to him: 'You have done well, and you have hit upon the sunnah.'"
And Allah, the Exalted, knows best.

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