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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 on undoing braids of hair during the ritual bath?

It is not a condition to undo braids if the water reaches all the hair and penetrates to its base. If the water does not reach except by undoing the braids, then it is obligatory to undo them for the water to reach. And Allah the Almighty knows best.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is the ruling on a person in a state of major impurity (junub) walking or eating before performing the ritual bath?

It is from the Sunnah for a Muslim to hasten to perform the ritual bath for major impurity. However, if he delays it, he does not sin provided he does not miss the prayer. It is permissible for the junub to walk, eat, drink, and sleep. It is recommended for him to perform ablution before these actions to reduce the state of impurity, although the best is for him to perform the ritual bath. And Allah the Almighty knows best.

Is it required for a discerning child to make the intention at night if they wish to fast?

If a discerning child wishes to fast during Ramadan, they must make the intention at night because intention is one of the pillars of fasting, even though fasting is not obligatory for them.

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