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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 difference between Qiyam al-Layl and Tahajjud?

● Qiyam al-Layl refers to any voluntary prayer performed at night, including Tarawih.
● Tahajjud specifically refers to voluntary prayer performed at night after waking up from sleep.
Glad tidings to those who combine both, as numerous Quranic verses and hadiths mention their virtues.
Allah Almighty says {what means}: "And rise from thy sleep and pray during part of the night [as well], as a free offering from thee, and thy Sustainer may well raise thee to a glorious station [in the life to come." [Al-Isra`/79]
The Prophetﷺ said: "Whoever stands (in prayer) during Ramadan with faith and seeking reward, all their past sins will be forgiven." [Agreed upon]

Is it permissible for a woman to uncover her face while performing Umrah (minor Hajj)?

The woman while in a state of Ihram (ritual consecration) is obligated to uncover her face and hands, but at the same time permitted to let her head-covering garment drape from her head down over her face when non-Mahram (i.e., marriageable) men pass by her. And Allah Knows Best.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

Which takes precedence: the 'aqīqah or the uḍḥiyyah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is an act of worship through which a servant draws closer to Allah the Almighty in gratitude for the blessing of a newborn child. It is a confirmed Sunnah for those who are financially capable, and Allah does not burden any soul beyond what it can bear.
However, the uḍḥiyyah takes precedence, as it is a confirmed Sunnah established from the Prophet ﷺ through stronger and more numerous narrations — indeed, the Ḥanafī scholars hold it to be obligatory. Furthermore, its time is narrow and limited, expiring with the passing of the days of Eid, whereas the 'aqīqah may be delayed until one becomes financially capable of performing it.
And Allah Almighty knows best.

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