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Resolutions of Iftaa' Board

Resolution No.(164): "Ruling on Demonstrations"

Date Added : 08-10-2015

Resolution No.(164)(2/2011) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Demonstrations"

Date: 5/4/1432 AH, corresponding to 10/3/2011.

 

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.

During its fifth session held on the above given date, the Board stressed that it is incumbent upon every Muslim to adhere to the Law of Allah, invite others to fight corruption, resort to dialogue, and seek comprehensive reform as indicated in the following verse: " I only desire (your) betterment to the best of my power; and my success (in my task) can only come from God. In Him I trust, and unto Him I look." {Hud/88}. This is in addition to inviting people to the way of Allah with wisdom and beautiful preaching.

In response to a number of inquiries regarding the ruling of Sharia on demonstrations and sit-ins, taking into consideration their diversity,  multiple slogans, aims, banners and  repercussions, the Board has drawn up a set of governing rules that emanate from the objectives of Islamic Law (Sharia):

First: There is no other method of expressing one`s point of view, such as constructive dialogue and exchange of advice between influential members of society and decision makers.

Second: They don`t lead to blood-shed, killing , or harm.

Third: The damage resulting from them isn`t bigger than their expected benefit.

Fourth: They don`t involve or lead to acts that damage the interests of the country and its people.

Fifth: They shouldn`t involve any acts of transgression against public or private institutions.

Sixth: They aren`t exploited by foreign parties to work havoc upon society.

Seventh: They don`t lead to planting the seeds of trial amongst the members of the same society, undermine the country`s security, incite violence and sectarianism, or division.

Eighth: They don`t violate the provisions of Islamic Sharia, such as the unlawful mixing between the two sexes.

Ninth: They don`t lead to intimidating peaceful citizens by inflicting damage on their different properties, the spread of theft or violation of the sanctity of houses and families.

On its part, the Board recommends that scholars undertake their role through providing guidance and reform, and  giving precedence to the higher interests of our nation and country. We pray that Allah keeps this country safe and peaceful, spares it all sorts of trials, along with the rest of the Muslim countries. Indeed, He Is The Best to protect and The Best to help.

 

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

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

Dr. Yahia Al-Botoosh/ Member

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Judge Sari Attieh/ Member

Dr. Mohammad Khair Al-Essa/ Member

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

Dr. Mohammad Oklah Al-Ib`brahim

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Gharaibeh/ Member

Dr.Abdulrahmann Ibbdah/ Member

Executive Secretary of the Iftaa` Board, Sheikh Mohammad Al-Hunaiti

 

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Summarized Fatawaa

What is the meaning of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (Sacrificial Offering) refers to the livestock (An'am) that is slaughtered as an act of drawing closer to Allah the Almighty. This takes place on the day of Eid al-Adha (the 10th of Dhu al-Hijjah) and during the three days of Tashreeq that follow the day of Eid. And Allah the Exalted knows best.

Is it permissible for one who sacrifices on behalf of another, with the latter's permission, to eat from the sacrifice?

It is permissible for someone who sacrificed on behalf of another with their permission to eat from it with their permission, and they stand in their place (act as their representative) in distributing it.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.8/P.141): "And he—meaning the one sacrificing on his own behalf, provided he has not apostatized—has the right to eat from a voluntary sacrifice and his sacrificial gift; rather, it is recommended. As for an obligatory sacrifice, it is forbidden for him to eat from it, whether it was designated as such initially or as a liability in his dhimmah. And excluded by what has preceded is if he sacrifices on behalf of another, or if he apostatized, then it is not permissible for him to eat from it, just as it is absolutely impermissible to feed a disbeliever from it."(The text I found indicates the impermissibility of eating) ???
 
And it is stated in Hashiyat al-Jamal ‘ala Sharh al-Manhaj (Vol.5/P.262): "If a person offers a sacrifice on behalf of a living person with their permission, does he act as their representative in distributing it—on the grounds that permission to sacrifice is permission to distribute it—or does it depend on their explicit permission? This requires consideration, but the first view is not far-fetched." And Allah the Almighty knows best.

Is it permissible for someone who is unable to fast to pay the fidyah (ransom/compensation payment) to himself, due to his own poverty?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is not permissible, nor does it fulfill the obligation, for a sick person who is currently and permanently unable to fast to pay the fidyah (ransom/compensation payment) to himself, since it is a financial obligation owed by him, established as a standing debt upon him — much like any other debt he owes. If he were to pay it to himself, it would not thereby be discharged. So if he cannot find [anyone eligible to] pay it to, it remains a standing obligation upon him, and is not thereby waived. If Allah, the Mighty and Majestic, later grants him wealth, it becomes obligatory upon him to pay it out to the poor and needy.
Imam al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "There is no difference in the obligation of the fidyah between the wealthy and the poor person; its benefit lies in its remaining established as a standing debt upon the poor person [until he is able to pay it] — and this is the more correct position (al-aṣaḥḥ), as indicated by the wording of ar-Rawḍah and its source text." [Mughnī al-Muḥtāj, Vol.2/P.174]
Accordingly: it is not permissible for a Muslim to pay the fidyah to himself while he remains poor. If the sick person is poor, he is not obligated to pay the fidyah immediately, and it remains a standing debt upon him until a time when he has sufficient means and wealth. And Allah, the Exalted, knows best.

What should a person who doubted having missed a pillar of prayer do?

All praise be to Allah, The Lord of The Worlds.                                                                                                                                                                              The prayer of one who doubts having missed one of its pillars is valid, and nothing is due on him/her since having a doubt after offering the act of worship doesn`t undermine its validity. And Allah Knows Best.

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