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Resolutions of Iftaa' Board

Resolution No.(186): "The Time For Stoning the Jamarat During Hajj"

Date Added : 17-11-2015

 

Resolution  No.(186) (2/2013) by The Board of Iftaa`, Research and Islamic Studies:

"The Time For Stoning the Jamarat During Hajj"

Date: (26/3/1434 A.H); (7/2/2013 A.D).

 

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

On the above date, the Board reviewed the issue pertaining to the time for stoning  the Jamarat during Hajj.

After careful study and deliberation, the Board decided what follows:

There is no harm in stoning Jamrat Al-Aqba on the Day of Slaughter after midnight since the Shafites and the Hanbalites permitted that based on the narration of Asma`a: “During the night of Jam', Asma' got down at Al-Muzdalifa and stood up for (offering) the prayer and offered the prayer for some time and then asked: "O my son! Has the moon set?" I replied in the negative and she again prayed for another period and then asked: "Has the moon set?" I replied: "Yes." So she said that we should set out (for Mina), and we departed and went on till she threw pebbles at the Jamra (Jamrat-al-Aqaba) and then she returned to her dwelling place and offered the morning prayer. I asked her: "O you! I think we have come (to Mina) early in the night." She replied: "O my son! Allah's Apostle gave permission to the women to do so.” {Bukhari}.

The time for stoning the Jamarat on the Days of Tashreeq starts after Zawaal (i.e. the beginning of the time of Thuhr when the sun passes the meridian), based on the opinion of the majority of Muslim scholars. The evidence on this is the narration of Ibn Abbas: “The Messenger of Allah used to throw the Jamarat after the sun declined.”{At-Tirmizi in  a sound narration}. Ibn Umar (May Allah be pleased with them) narrated: “We used to wait till the sun declined and then we would do the Rami (i.e. on the 11th and 12th of Dhul-Hijja.” {Bukhari}.

If the pilgrim feared harm and hardship due to crowdedness and the huge number of pilgrims, or was bound by the departure of his Hajj campaign on the Day of An-Nafir (departure from Mina), which is the second of the days of Tashreeq [i.e. 12th of Thul-Hijjah] and the like, then he is permitted to stone the Jamarat before the Zawaal, based on the opinion of Ibn Abbass, Tawoos, Imam Abu-Haneefa, and Al-Rafi-A Shafite scholar- as concluded from the narration of Abdullah Bin Amro Bin Al-Ass: “So on that day, when the Prophet was asked about anything as regards the ceremonies of Hajj performed before or after its due time his reply was: "Do it (now) and there is no harm." {Bukhari&Muslim}.

A pilgrim wishing to take advantage of the above concession should start throwing the Jamarat after dawn, as stipulated by the scholars giving that concession. As regards starting the stoning from midnight of the following day, we found no concession for that in the established opinions of the Muslim scholars. It is imperative that every Muslim abides by the opinions of the four Muslim Jurists to be on the safe side as far as acts of worship are concerned since, nowadays, stoning the Jamarat after the Zawaal is done with ease and at the pilgrims` own convenience. And Allah Knows Best.

 

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

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

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr.Mohammad Al-Zou`bi/ Member

 

 

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Summarized Fatawaa

Is it permissible for the young woman to turn the suitor down if she had no feelings for him?

Yes, it is permissible for her to do so.

 
What is the ruling on the intention of fasting, where is its place, and when is its time?

The intention is a pillar of acts of worship; it is essential, and worship is not valid without it.
Its place is in the heart, and verbalizing it is recommended so that the tongue reminds the heart. Its meaning is to be determined to abstain from nullifiers of fasting during the upcoming day with the intention of worship and obedience to Allah Almighty. This meaning is naturally present in every Muslim on every night of Ramadan, so there is no need for obsessive doubts. If one says, "I intend to fast tomorrow for the sake of Allah," it removes any doubts.
Its time is from after sunset until before the true dawn.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

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