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 combining more than one intention in the prayer, such as combining the *sunnah* of wuḍūʾ with the pre-Dhuhr *sunnah*, or combining the *sunnah* of greeting the mosque (*taḥiyyat al-masjid*) with the pre-Dhuhr *sunnah*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Combining two intentions in a single act of worship, which some jurists call the “overlapping of acts of worship”, has several cases and precise rules. These can be consulted in the books of legal maxims, such as al-Manthūr fī al-Qawāʿid al-Fiqhiyyah by al-Zarkashī and al-Ashbāh wa’l-Naẓāʾir by al-Suyūṭī. Among the most important of these rules:
First: If all of the acts of worship that one wishes to combine under one intention are obligatory, the intentions do not overlap. An example is combining the intention of the obligatory ʿAṣr prayer with that of the obligatory Dhuhr prayer. The intentions do not overlap in this case.
Second: If the two acts are specified supererogatory prayers (nawāfil muqayyadah) that are aimed at in themselves because of a particular time, occasion, or cause, or if they are an obligatory prayer and a specified supererogatory prayer, the intentions again do not overlap. An example is the Duha prayer, which may not be combined with, for instance, the regular sunnah of Dhuhr.
It is stated in Bushrā al-Karīm: “Whatever is not, in meaning, an absolute voluntary prayer, such as the Duha sunnah… is not subsumed under another. Rather, if he intends something else along with it… the prayer is not validly entered. This is because combining two obligations, two specified supererogatory prayers, or an obligation and a specified supererogatory prayer invalidates the prayer in cases not built upon overlapping, as ritual purification (ṭahārah) is.”
Third: If the two acts are absolute voluntary prayers (nawāfil muṭlaqah), or one of them is, where the texts of the Sharīʿah show that the aim of the voluntary act is to fill the time with worship, then overlapping of intentions is permissible. An example is the obligatory Dhuhr prayer together with the sunnah of greeting the mosque (taḥiyyat al-masjid). And Allah Almighty knows best.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

Is it permissible for a woman to observe voluntary fast without her husband's permission?

A woman is not permitted to observe a voluntary fast (nafl) while her husband is present without his permission.

What is the Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.