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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 of Islamic Law on one who died owing debts and left no wealth? Is it obligatory upon the heirs to settle these debts?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The general rule is that if a person dies owing rights to other people, such as debts, these are settled from his estate, if he left any wealth, before the estate is divided. The Prophet (peace and blessings be upon him) said: “The believer's soul is suspended by his debt until it is settled for him.” Graded ḥasan by al-Tirmidhī. Repayment of debts takes precedence over the heirs’ right to inheritance.
If the deceased left no estate, or left wealth that was insufficient to cover his debts, it is not obligatory for the heirs to pay from their own wealth, but it is recommended for them to do so, because the deceased’s dhimmah (legal liability) remains occupied by the debt. It is reported in some narrations that he remains held in suspension until his debt is paid, and it is not part of filial righteousness for a child to leave his father’s dhimmah burdened with debt.
All of the children may contribute to settling the debt on behalf of their father and cooperate in doing so, even in installments, according to their ability. And Allah Almighty knows best.

Can someone break a make up fast (qada) after beginning it?

Once a person begins a make up fast (qada), it is prohibited to break it.
If they break it without a valid excuse, they are sinful, and the missed Ramadan fast remains a debt upon them.

What is the ruling on someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.
It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."
This has already been explained in detail in Fatwa No. 2670 — please refer to it.
And Allah, the Exalted, knows best.

What is the ruling on someone who intends to travel to Jeddah for two days — must he enter iḥrām from his place of residence [i.e., before passing the mīqāt]?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey, it is unlawful for him to pass beyond his country's mīqāt (the designated boundary point for entering the state of iḥrām) without entering iḥrām. If he does so, he must return to the mīqāt to enter iḥrām from there, provided he has not yet begun performing the rites of the pilgrimage — in which case nothing further is required of him. However, if he does not return, he must offer a sacrifice (sheep/goat), to be distributed among the poor of the Ḥaram.
It is stated in at-Tanbīh fī al-Fiqh ash-Shāfi‘ī (p. 71): "Whoever, intending to perform the rites [of ‘Umrah or Ḥajj], passes beyond the mīqāt and enters iḥrām only after it, must offer a sacrifice. However, if he returns to the mīqāt before beginning any of the rites, the sacrifice is waived from him."
Accordingly: whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey must enter iḥrām at the mīqāt of his country through which he passes. Whoever fails to do so, passing beyond the mīqāt without entering iḥrām, and does not return, has sinned, and must repent to Allah, the Exalted; and he must offer a sacrifice, to be distributed among the poor of the Ḥaram. And Allah, the Exalted, knows best.

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