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Resolutions of Iftaa' Board

Resolution No.(205): "Ruling on Prohibiting the Offence Against Forest Trees"

Date Added : 27-10-2015

 

Resolution  No.(205) (15/2014) by The Board of Iftaa`, Research and Islamic Studies:

"Ruling on Prohibiting the Offence Against Forest Trees"

Date: (16/Zolqhidah/1435  A.H); corresponding to (11/9/2014  A.D)

 

All praise is due to Allah. May His blessings and peace be upon Prophet Mohammad and upon his family and companions.

The Board of Iftaa`, Research and Islamic Studies reviewed, in its eleventh session held on Thursday: (16/Zolqhidah/1435 A.H); (11/9/2014 A.D), the question sent by the chairperson of the Jordanian Society for Eco Tourism and reads as follows: 

We would like to inform you that forest areas in the Hashemite Kingdom of Jordan are severely endangered by some citizens and influential persons through cutting and burning  in order to sell their wood to citizens, and this has done a great damage to these areas. We kindly ask your Grace to discuss this issue with the Board of Iftaa` in order to issue a ruling on cutting down state-owned forest trees and selling them for personal profit.

After careful study and deliberation, the Board decided:

 

Trees are a vital aspect of life and a reason of survival on this earth. Allah, The Exalted, has made them  a mercy, a blessing, a greenery, a favor that He has bestowed on humanity. He Said in this regard (What means): “It is He who sends down rain from the sky: from it ye drink, and out of it (grows) the vegetation on which ye feed your cattle. With it He produces for you corn, olives, date-palms, grapes and every kind of fruit: verily in this is a sign for those who give thought.” {An-Nahl(10-11)}.

The Holy Quran contains frequent reminder of this blessing so as to draw man`s attention to its significance in order for him to thank Allah, The Exalted, on the one hand and to protect it as well as look after it on the other hand. Allah Says (What means): “Glory to God, Who created in pairs all things that the earth produces, as well as their own (human) kind and (other) things of which they have no knowledge.” {Ya-Sin/36}.

Therefore, a person thankful of this blessing wouldn`t endanger, or desecrate it because he knows deep down that if matters get out of hand, no tree will be left on the face of the earth due to the greed of those who seek to make profit at the expense of life on this earth and Allah`s creatures on it. Therefore, the necessary measures had to be taken to protect this blessing.

 

We should always remember that Prophet Mohammad (PBUH) urged us to populate the earth by saying: “There is none amongst the Muslims who plants a tree or sows seeds, and then a bird, or a person or an animal eats from it, but is regarded as a charitable gift for him.” {Bukhri &Muslim}. He also said: “If the Day of Resurrection starts while one of you is holding a cutting, then he should plant it.” {Ahmad}.

We should remember that any offence against trees by cutting, breaking, or burning is a violation of public property, and this is included in the warning of Abdullah Bin Habashi (May Allah be pleased with him) who reported that the Prophet (PBUH) said: “Whoever cuts down a lote tree, Allah shall send him to Hell head first.” {Abu Dawood}. And Allah Knows Best.

 

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

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

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

His Eminence, Sheikh Sa`ied Hijjawi/ Member

Pro. Mohammad Al-Qhodat/ Member

Dr. Yahia Al-Botoosh/ Member

     Dr. Wasif Al-Bakhri

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Summarized Fatawaa

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.

Can a woman leading other women in Tarawih prayer recite aloud?

Yes, a woman leading other women in Tarawih prayer is allowed to recite aloud, as long as no non-mahram (other than unmarriageable kin) men can hear her.

What is the ruling on giving Zakat al-Fitr in cash?

The default ruling is that Zakat al-Fitr should be given as the staple food of the land. In Jordan, for example, the staple food is wheat or rice, and the amount of Zakat al-Fitr is 2,500 grams per person. It is easy to give this amount of rice to the poor and needy, and this is the correct ruling according to all Islamic schools of thought.
However, Hanafi scholars have permitted giving Zakat al-Fitr as monetary value, considering it more beneficial for the poor and easier for the giver.

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