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 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.

Is it permissible for a husband to sell his wife`s jewelry if he was in a hard up?

A woman`s jewelry and dowry are her own property, and it is forbidden for the husband to take either without obtaining her approval. However, it is desirable for the wife to support her husband through considering her jewelry a sort of documented debt on him.

Is fidyah required for someone who breaks their fast due to a valid excuse?

● If the excuse is permanent, such as a chronic illness with no hope of recovery or old age, then fidyah is required. This means feeding one needy person for each missed fasting day.
● However, if the excuse is temporary, such as menstruation, postnatal bleeding, or a temporary illness, then only making up the missed fasts (qada) is required, and fidyah does not apply.

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.