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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(213): “Ruling on Teaching Hajj Rituals through Shapes Simulating the Ka`bah and other Places“

Date Added : 05-10-2015

Resolution No.(213)(3/215) by the Board of Iftaa`, Research and Islamic Studies:

“Ruling on Teaching Hajj Rituals through Shapes Simulating the Ka`bah and other Places“

Date:25/ Jumadah Al-Akhirah/1436 AH, corresponding to 15/4/2015 AD.

 

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

The Board reviewed in its fourth session held on the above date the following question:

We are a public service company, and we would like to establish an educational project that aims at teaching the pillars of Hajj to school students through simulating the Hajj rituals such as the Ka`bah, sai` between Safa and Marwa, Arafaat Moutain, Mina, and the Jamaraat, to whoever desires to learn how to perform this obligatory act of worship. What is the ruling of Islamic Sharia on that?

Knowledge is prescribed in Sharia; particularly, that which is useful in worldly life and saves from Hellfire in the Hereafter, and this applies to teaching the rituals of Hajj and Umrah. Allah Says {what means}: “O ye who believe! When ye are told to make room in the assemblies, (spread out and) make room: (ample) room will God provide for you. And when ye are told to rise up, rise up God will rise up, to (suitable) ranks (and degrees), those of you who believe and who have been granted (mystic) Knowledge. And God is well- acquainted with all ye do.” {Al-Mujadilah/11}. Also, Allah`s Apostle said regarding the virtue of being knowledgeable in the rules of Sharia: “If Allah wants to do a favor to somebody, He bestows on him, the gift of understanding the Quran and Sunna.” {Bukhari}.

Teaching Hajj rituals through creating shapes and images of holy sites that simulate those in real Hajj is permissible, rather, it is a good deed that helps people understand the correct way of performing Hajj and Umrah, for it was reported that Allah`s Apostle used to teach his companions through signs and demonstration. Abdullah Bin Masoud narrated: “The Prophet drew a square and then drew a line in the middle of it and let it extend outside the square and then drew several small lines attached to that central line, and said, "This is the human being, and this, (the square) in his lease of life, encircles him from all sides (or has encircled him), and this (line), which is outside (the square), is his hope, and these small lines are the calamities and troubles (which may befall him), and if one misses him, an-other will snap (i.e. overtake) him, and if the other misses him, a third will snap (i.e. overtake) him.” {Bukhari}.

However, it is imperative to warn visitors of these educational sites that the images and shapes simulating the Ka`bah, Safa and Marwa, Arafat, Mina, and the Jamaraat are mere educational representations, so it isn`t allowed to turn to them or glorify them, because this is restricted to the private nature of the sacred sites. It was stated in the book: “Facing the Ka`bah is intended for honoring it.” [Al-Moheet Al-Borhani vol.5/pp.396]

Moreover, it is worth stressing two points:

First: It is impermissible to belittle these images and shapes, or make them a subject of mockery.

Second: They  shouldn`t be a meticulous copy of the real sites in Hajj, rather, they should be of smaller size and hold signs that indicate their educational nature. On its part, the Board recommends that such project is supervised by the Ministry of Religious Endowments. And Allah Knows Best.

 

 Board of Iftaa`

Grand Mufti of Jordan , Sheikh Abdulkareem Khasawneh

Dr. Hayil Abdulhafeez       Sheikh Sae`id Hijjawi

Dr. Yahia Al-Botoosh         Dr. Mohammad Khair Al-Essa

Dr. Wasif Al-Bakhri             Dr. Mohammad Al-Qhodaat

Dr. Mohammad Al-Khalayleh   Dr. Mohammad Al- Zou`bi

 

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Summarized Fatawaa

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

Does the intention (niyyah) of the principal (muwakkil) suffice for the sacrifice (dhabḥ) of the udhiyyah?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person appoints an agent (wakīl) to perform the slaughter (dhabḥ) on their behalf, the intention (niyyah) of the principal (the one appointing the agent) suffices, and there is no need for the agent to have this intention himself. In fact, even if the agent is unaware that he is performing the sacrifice on someone's behalf as an udhiyyah (sacrificial offering), this does not affect its validity. And Allah, the Most High, knows best.

Is Zakah (obligatory charity) obligatory on indebted merchant?

Debt doesn`t abrogate the dueness of Zakah, thus a debtor who has money, articles of merchandise, or other Zakah funds at his disposal should pay their Zakah.

Can an Udhiyah be made up if its time is missed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the sacrificial animal (udhiyah) is a voluntary (nafl) offering and its prescribed time is missed after the three days of Tashriq have ended, then it is not to be made up as a sacrifice; rather, it becomes merely a sheep for meat.
 
However, if it was a vowed (nadhr) sacrifice and its time is missed, then it must still be slaughtered, and the slaughtered animal is to be treated as it would have been during its prescribed lawful time. And Allah Almighty knows best.

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