Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Date Added : 27-10-2015

Resolution No.(137),(2/2010):

"Ruling on Praying in the Mosque Sitting on a Chair"

Date: 25/3/1431 AH, corresponding to 11/3/2010 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.
During its first session held on the above given date, the Board reviewed the following question:
What is the ruling of Sharia on praying in the mosque while sitting on a chair and the harm that could result from that on other prayer performers?
After thorough studying and deliberating, the Board decided what follows:
Prayer is one of the pillars of Islam and Allah has commanded Muslims to guard it. He Says (what means): "Guard strictly your (habit of) prayers, especially the Middle Prayer; and stand before God in a devout (frame of mind)." {Al-Baqarah/238}. 
Guarding prayer means that a Muslim is obliged to observe all its pillars and conditions such as standing, bowing down (Ruku`) and prostrating (Sujood). Muslim scholars have agreed that standing, for the person who is able to do it, is a pillar in obligatory prayer, and not observing it renders his prayer invalid. Therefore, one who offers obligatory prayer sitting on a chair while he is able to stand, his prayer is considered invalid.
However, Allah The Almighty Has Imposed no difficulties on His slaves. He says (what means): "And strive in His cause as ye ought to strive, (with sincerity and under discipline). He has chosen you, and has imposed no difficulties on you in religion; it is the cult of your father Abraham. It is He Who has named you Muslims, both before and in this (Revelation); that the Apostle may be a witness for you, and ye be witnesses for mankind! So establish regular Prayer, give regular Charity, and hold fast to God! He is your Protector - the Best to protect and the Best to help!" {Al-Hajj/78}. Allah Has Connected burdening His slaves with their capacity. He Says (what means): "on no soul doth God place a burden greater than it could bear" {Al-Baqrah/286}. In addition, Imran bin Husain: had piles, so I asked the Prophet (PBUH) about the prayer. he said: "Pray while standing and if you can't, pray while sitting and if you cannot do even that, then pray Lying on your side." {Bukhari}.
The above indicates that virtue is made from necessity, and that necessity is assessed according to its degree.
 Therefore, one who can pray standing isn`t permitted to pray sitting on a chair or the like, and the same rule applies to the rest of the pillars. However, if he has a sound reason to leave standing and sit on a chair, then this excuse doesn`t make it permissible for him not to offer Ruku` and Sujood in their proper manner while sitting. 
If he has a sound reason for not performing Ruku` and Sujood in a proper manner, then this excuse doesn`t make it permissible for him to leave standing and sit down on the chair. Rather, he is obliged to stand and sit on the chair while performing them.
What a praying person is able to do, he is obligated to do and what he is unable to do, he should do by nodding his head while sitting on the chair, but he should make the prostration lower than the bowing. This is based on the command of the Prophet (PBUH): "do what I command you to the best of your ability and capacity". {Bukhari}.
Al-Imam An-Nawai said: "Our fellow scholars said: not being able to stand isn`t a condition in inability, nor is experiencing the least hardship. What counts is evident hardship. So, if the praying person feared severe hardship, complications of an illness, or the like, or if he was afraid to drown when on board of a ship or become dizzy, then it is permissible for him to pray while sitting, and he doesn`t have to repeat the prayer." Al-Majmo`a (vol.4/pp.310). Kindly refer to the book {Nail Al-Ottar, vol.5/pp.202} for Al-Shokanii.
Some scholars said that inability means hardship that causes the praying person to lose humble submissiveness in his prayer. Imam Al-Haramain stated, "Inability that counts is when standing in prayer leads to hardship that causes the praying person to lose his humble submissiveness" {Al-Majmou`, vol.4/pp.310}.
However, if the praying person had no choice but to pray sitting on a chair, then he should make the rear legs of the chair aligned with the legs of the congregation. It is noteworthy that at the early stages of Islam, Muslims didn`t use to have chairs, so they should be used only when needed. Moreover, people praying sitting on chairs shouldn`t place them in the middle of the rows so as not to disturb the other prayer performers. It is better to place them at one end of the row, or at the back rows at the rear of the mosque. We prefer the rear end of the mosque in order to spare the praying persons the harm. We should note that these people who are praying sitting are following the Imam, even if there is a distance between them and the last row, because they are still in the mosque. Moreover, Muslim scholars have stated that their prayer is correct so long as they are in the mosque and following the Imam in every pillar of the prayer. And Allah Knows Best.

 

 

Chairman of the Iftaa` Board, Grand Mufti of Jordan, Dr. Abdulkareem al-Khasawneh

Vice Chairman of the Iftaa` Board, 

                                                    Dr. Ahmad Hilayel

                                                    Dr. Yahia al-Botoosh/ Member

                                                    Sheikh Sa`eid Hijjawi/ Member

Dr. Mohammad Khair al-Eesa/ Member

                                                    Judge Sari Atieh/ Member

                                                    Dr. Abdurahamn Ibbdah/ Member

                                                    Dr. Mohammad Okla/ Member

                                                    Dr. Abdunnasir Abulbasal/ Member

                                                    Dr. Mohammad Al-Khalayleh/ Member

                                                    Dr. Mohammad al-Gharaibeh/ Member

                                                    Dr. Ahmad Al-Hasanat/ Executive Secretary of the Iftaa Board

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Summarized Fatawaa

I have conducted my marriage contract at a Sharia court; however, one day I was talking to my fiancée over the phone and she got on my nerves leading me to utter one divorce. This is knowing that I can`t tell my her father because he is very strict and will not accept that at all. What is the best course of action that I should pursue in this situation?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
When divorce takes place before the consummation of marriage it is called Ba`in divorce (Minor irrevocable divoce), so your wife is considered unlawful to you until you conduct a new marriage contract and pay Mahr , and you should visit the Iftaa` Department in order to know the correct Fatwa. And Allah The Almighty Knows Best.

[1] Minor irrevocable divorce [Ar.Talaq al-Ba'in Binona Soghra]: It is a divorce where the husband cannot take his ex-wife back unless with her consent, conducting a new marriage contract and paying new bridal wealth [Ar.Mahr].

[1] In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage. While the Mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land.

Is it permissible to divide the Aqeeqah amongst one`s brothers and family?

Giving a portion of the Aqeeqah, even a small one, to the poor and needy is obligatory, and if one`s brothers and family are among the needy then, they are more entitled to it, and this way it is a charity and an observation of kinship ties. However, if they aren`t needy then, it is permissible to give them from the Aqeeqah after giving the poor and needy their share.

Is it incumbent on a wife whose husband hasn`t gone to bed with her(for sexual intercourse) for many years to observe `Iddah(waiting period) upon his death?

Upon the death of the husband, a wife is obliged to observe the `Iddah even if he hadn`t slept with her because she inherits him.

 By slip of the tongue, my son cursed Allah. It is worth pointing that he has concluded his marriage contract recently, but haven`t consummated the marriage. What is the position of Sharia on this? 

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
This person must return to the fold of Islam by uttering the two testimonies of faith and making repentance to Allah from all acts that lead to disbelief. Also, he must make a new marriage contract because the old one was dissolved after he had committed this act of disbelief. Moreover, since there is no waiting period for his wife, then she is in state of Talaq ba`en baynona Soghra (Minor irrevocable divorce); consequently, she can get back to him only by a new marriage contract. And Allah the Almighty knows best.