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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 ruling of Islamic Law on a father shaking hands with his son’s wife after she has been divorced three times?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The wife of one’s son is among the women permanently prohibited to the husband’s father as soon as the marriage contract  is concluded, based on the saying of Allah the Exalted: “Prohibited to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brother’s daughters, your sister’s daughters, your foster mothers, your foster sisters, your wives’ mothers, and your stepdaughters under your guardianship [born] of your wives with whom you have consummated marriage. But if you have not consummated marriage with them, there is no sin upon you. [Also prohibited are] the wives of your sons who are from your loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful.” [al-Nisāʾ/23]
This prohibition begins once the son’s marriage contract with his wife is complete, and it remains in force even if the son separates from her before consummation or before any seclusion (khalwah) with her. It is therefore permissible for the father to shake her hand and to be alone with her, provided there is no fitnah (temptation) and no suspicion.
It is stated in ʿUmdat al-Sālik (p. 204): “It is forbidden to marry… the wives of one’s fathers and of one’s sons. All of these women become prohibited by the mere contract, … all of that being a permanent prohibition.” End quote, with slight adaptation. And Allah Almighty knows best.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

Who is the one required to slaughter the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah for the 'aqīqah to be slaughtered by the guardian of the newborn — the one upon whom the child's financial maintenance is obligatory — provided he is financially capable of doing so. 'Alī ibn Abī Ṭālib, may Allah be pleased with him, reported: "The Messenger of Allah ﷺ performed the 'aqīqah for al-Ḥasan with one sheep." — Narrated by al-Tirmidhī. And Allah Almighty knows best.

Is the marriage contract considered valid if concluded at home by the marriage official (Ma`zon)?

Yes, it is valid as long as it is registered at the court.

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