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Resolutions of Iftaa' Board

Resolution No.(195): "Over the Denouncement of the Israeli Attempts to End the Jordanian Custodianship over Al-Aqsa Holy Mosque"

Date Added : 24-11-2015

 

Resolution No.(195)(4/2014) by the Board of Iftaa`, Research and Islamic Studies:

 "Over the Denouncement of the Israeli Attempts to End the Jordanian Custodianship over Al-Aqsa Holy Mosque"

Date: 17/Rabee` Ath-thani/1435 AH, corresponding to 17/2/2014.

 

All perfect praise be to Allah, The Lord of The Worlds; and may His Blessings and peace be upon the Messenger of Allah and His family and Companions.


 On its third session held on the afore-given date, the Board reviewed the dangers facing Al-Aqsa Mosque. Accordingly, it has issued the following statement:

 

  Allah ,The Exalted ,Has Privileged Al-Aqsa mosque with a special place in the hearts of all Muslims emanating from the basis of their belief since it (Al-Aqsa mosque) is the first of the two Qiblahs (Al-Aqsa mosque and The Sacred Mosque of Makkah), the second of the two holy mosques (The sacred mosques of Makkah and Medina) ,and 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 place that attracts the hearts of all Muslims and praying there entails receiving multiple rewards from Almighty Allah. 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 Iftaa` Board of Jordan, the country which is privileged by a wise Hashemite leadership that spares no effort in restoring and defending Al-Aqsa mosque out of a deeply-rooted belief that tightly bonds all Muslims, stress our rejection to all provocative acts undertaken by the oppressive Israeli enemy against Muslims with the aim of dividing and Judaizing  the Mosque as well as threatening to end the Jordanian custodianship over it . 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 ask Allah to grant them victory and keep them strong.   

It is the religious duty of all Muslims today: people, leaderships, governments, and intellectuals to protect Al-Aqsa Mosque against different threats and violations. We confirm that custody over the Mosque is the right of all Muslims represented by the Hashemite leadership by virtue of its historical heritage and the stewardship agreement it had signed with the Palestinian Authority, not the Israeli occupation authorities whose actions are totally denied in this regard. It is not permissible in Sharia to squander the custodianship over these holy sites or to give up on them.

 

   We beseech Allah to Pardon our sins, fulfill our aspirations and favor us with victory, and that is surely no difficult matter for Allah. And all perfect Praise be to Allah, The Lord of The Worlds.


Head of 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/member

         Prof. Mohammad Al-Gdah
              Dr. Mohammad Khair Al-Essa
          Dr. Wasif Al-Bakri / member
                         Dr. Mohammad Al-Khalaileh/member
     Dr. Mohammad Al-Qdah
                   Dr. Mohammad Al-Zo`bi/member

 

 

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Summarized Fatawaa

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

What is the ruling on eating or drinking forgetfully during the day in Ramadan or during voluntary fasting?

Whoever eats or drinks forgetfully while fasting, whether in an obligatory or voluntary fast, should continue their fast, for it is Allah who has provided them with food and drink. There is no difference between obligatory and voluntary fasting in this ruling.

What is the ruling on making up missed prayers during prohibited times?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).
 
It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."

What is the ruling on bypassing a nearby mosque for a distant one?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a distant mosque has a larger congregation (Jama‘ah) while the congregation in the nearby mosque is smaller, and the congregation in the nearby mosque is not adversely affected by the worshiper's absence, then it is better for him to pray in the distant mosque with the larger congregation. However, if the congregation in the nearby mosque would be affected by his absence—such as if he is its Imam, or if his presence encourages others to attend—then praying in the nearby mosque is better. This ensures that the congregation is established in two different locations within the community. This is based on the saying of the Prophet ﷺ: 'A man's prayer offered with another man is purer than his prayer which he offers alone, and his prayer with two men is purer than his prayer with one and if they are more (in number), it is more beloved to Allah, the Mighty the Majestic' (Narrated by Ahmad, Abu Dawood, and An-Nasa'i). And Allah the Exalted knows best.

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