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Resolutions of Iftaa' Board

Resolution No.(204): "Ruling on Aborting the Pregnancy Resulting from Rape"

Date Added : 05-10-2015

Resolution  No.(204) (14/2014), by The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Aborting the Pregnancy Resulting from Rape"

Date: (16/Zolqhidah/1435  A.H); (11/9/2014  A.D)

 

 

All perfect praise be to Allah. May His blessings and peace be upon Prophet Mohammad and upon his family and companions:

The Board of Iftaa`, Research and Islamic Studies reviewed, in its eleventh session held on Thursday: (16/Zolqhidah/1435  A.H); (11/9/2014  A.D), the questions sent by some citizens regarding: the ruling on aborting the fetus conceived from incest .

After careful study and deliberation, the Board decided:

Rape is one of the most heinous crimes that involves aggression against man`s dignity and inflicts harm on his soul; therefore, the Muslim scholars have considered it from the “Harabah” (banditry) which makes mischief through the land and violates the honor of human beings, so rapists shall receive the punishment as promised by Allah, The Almighty (What means): “That is their disgrace in this world, and a heavy punishment is theirs in the Hereafter.” {Al-Maidah/33}.

As the pregnancy resulting from this heinous crime leads to multiplying its harm, inciting trials and enmity amongst the members of society, the Board deems guiding the victim to visit the Iftaa` Department so as to understand  the accompanying circumstances of the case and those of the pregnancy as well as that which affects the Sharia ruling in this regard. This is in order for the Board to review each case independently and issue a ruling in line with that which achieves benefit and wards off harm since necessity is assessed and answered proportionately. We beseech Allah to avert us such trials. And Allah Knows Best.

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh.

Vice Head of the Iftaa`Board, Prof. Ahmad Helayel

Prof. Abduln`nassir Abu Al Bass`al/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

Dr. Yahia Al-Botoosh/ Member

Dr. Wasif Al-Bakhri

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr. Hayel Abdulhafeez/ Member

Dr.Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

What should a person do if they suffer from an incurable illness that prevents them from fasting?

A person who has an illness that is not expected to be cured and prevents them from fasting must feed a needy person one mudd (600 grams) of food (such as wheat or rice) for each missed day instead of fasting.
Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184].

Is it permissible for a pious Muslim woman to stay with her husband who had quit praying out of laziness?

Quitting prayer is one of the major grave sins that come after disbelieving in Allah, but the wife of such a person isn`t considered divorced, rather, she should exert all her efforts in order to bring him back to the way of Islam. However, if his sin is likely to lure her from the way of Islam, then she had better separate from him by lawful means such as Mokhal`aa (When a wife pays a compensation for her husband in return for divorcing her). Moreover, if she exercises patience, and remains steadfast on her faith, then there is no harm in doing that.

Is Zakah (obligatory charity) due on land intended for selling?

Yes, lands intended for trade are valued, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.

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