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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No. (19): “Over the U.S Congress`s Resolution on Making Jerusalem the Capital of “Isreal”

Date Added : 02-11-2015

Resolution No.(19) by the Board of Iftaa`, Research and Islamic Studies:
“Over the U.S Congress`s Resolution on Making Jerusalem the Capital of “Israel”

 

Praise be to Allah; and may His blessings and peace be upon our Prophet Mohammad and upon all of his family and companions.
In reference to the US senate`s resolution No.(106) which stipulates recognizing the undivided city of Jerusalem as the capital of the state of “Israel”, and that it should remain as such. 
The Islamic World was shocked by the resolution of the US congress, which announced annexing the undivided Jerusalem under the authority of “Israel“. On its part, the Board of Iftaa` in the Hashemite Kingdom of Jordan strongly denounced this resolution which violates human rights and the principles given as glad tidings by Allah`s Prophets, forbidding injustice, aggression, and  manipulation of land, sanctities, and places of worship.
This resolution constitutes a flagrant aggression against the belief of every Muslim on this earth, and the United States is accountable for “Israel`s “acts of injustice and aggression in our occupied land, Palestine. This resolution also violates the beliefs and values given as glad tidings by Allah`s Prophets and the Messenger of Islam, Mohammad (PBUH) - the seal of all Prophets and Messengers - who was trusted over their legacy  and who inherited their message of justice, mercy, and respect to all religions until the Day of Resurrection.
It is worth mentioning that Jerusalem is an integral part of the belief of each Muslim, and that he/she must protect it as he/she does his religion for the following reasons:
1- Jerusalem and its Al-Aqsa Mosque are part of the belief of each Muslim in the sense that it is the land that Allah the Almighty had chosen as the place from where Prophet Mohammad embarked on his nocturnal journey (Al-Isra wa al Miraajj).
2- It is Muslims` first Qibla (direction for prayer) before the Hijrah and while they were in Makkah, and it remained as such during their stay in Madina for about eighteen months.
3- Its Al-Aqsa Mosque is one of the three  mosques to which journeys are set out for, in adherence to the Prophet`s (PBUH) command: “Do not set out on a journey except for three Mosques i.e. Al-Masjid-AI-Haram, the Mosque of Allah's Apostle , and the Mosque of Al-Aqsa, (Mosque of Jerusalem).“ {Bukhari}.
4- What the Prophet (PBUH) told us as regards the merit of residing in Jerusalem and its environs, where he said {what means}: “There is still a party of my nation dominant over what is right, and victorious over its enemy. The companions asked the Prophet: where are they? He said: in Jerusalem and its environs.“ {Ahmad}.
5- Throughout history, Muslims-and since the Caliph Umar Bin Al-Khattaab was handed the keys of Jerusalem-have been the guardians of Palestine and Jerusalem, and they have maintained the freedom of belief and worship to the followers of other religions. Al-Qiamah church amongst others is still a living example on the justice of Islam and its protection of non-Muslims and their places of worship.
6- The aggression of the Israeli occupation authorities against Jerusalem, places of worship, and Al-Aqsa Mosque through the digging works, seizure of Islamic endowments such as Bab Al-Magharibah, seizure of lands and estates and the demolition of some of them, assault on men, women, children and the elderly because they seek freedom, represent an irrefutable evidence over the violation of human rights and human sanctity. And Allah Knows Best.

Chairman of the Iftaa` Board, Chief Justice Mohammad Mohailan
                                    The Grand Mufti of JordanIzz Addeen At-Tamimi                                                         Dr. Ibrahim Al-Khailani  

   Dr. Ahmad Al-Qodat
        Dr. Ahmad Hilayil         

 Dr. Ratib Az-zahir 

     Dr. Mostafa Az-zarka

          Dr. Yaseen Daradkih     

               Dr. Abdulhaleem Ar-ramahi

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Summarized Fatawaa

What is the ruling on one who slept while firmly seated on the ground, regarding nullification of ablution?

The default ruling regarding sleep is that it nullifies ablution. An exception to this is one who slept while firmly seated on the ground; his ablution is not nullified by sleep if he wakes up while still firmly seated on the ground. And Allah the Almighty knows best.

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. What is the ruling on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)
However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.
Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, 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.

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