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 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.

Can someone who begins a voluntary fast break it?

It is preferable for someone who begins an act of worship not to break it.
Allah the Exalted has said {what means}: "and let not your [good] deeds come to nought!" [Muhammad/33].
However, if a person starts a voluntary fast (nafl) and needs to break it, they are going against what is preferable, but there is no sin upon them.

What is the correct point at which to raise the hands when standing up for the third rak‘ah (after the middle tashahhud)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Raising the hands while saying the takbīr [when rising for the third rak‘ah] is a recommended sunnah, and omitting it does not affect the validity of the prayer. The proper time for this is after rising from the middle tashahhud, once one has fully stood up.
It is stated in I‘ānat aṭ-Ṭālibīn (Vol.1/P.158): "His statement, 'and rising from the first tashahhud' — meaning, this manner [of raising the hands] is also a sunnah when he rises from the first tashahhud, that is, when he stands upright from it.
Consider [the question]: when precisely does the raising of the hands begin? Is it at the very start of rising from the first tashahhud, or after he has reached the minimum position of rukū‘ [i.e., once fully upright]? The apparent, [correct] view is the latter — even though the outward wording [of the text] might suggest the former — because at the very start of his rising, he is still relying on both hands [to push himself up, and therefore cannot yet raise them]."
It is stated in ‘Umdat as-Sālik (p. 53): "If his prayer extends beyond two rak‘ahs, he sits after them in the iftirāsh position, recites the tashahhud, and sends blessings upon the Prophet ﷺ alone, without [mentioning] his family [at this point]. He then stands while saying the takbīr, supporting himself with his hands; and once he has stood upright, he raises them level with his shoulders." And Allah, the Exalted, knows best.

What is the ruling on combining (jam‘) and shortening (qaṣr) prayers when travel is repeated on a daily basis?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
A traveler is permitted to avail himself of the concessions of shortening and combining prayers once the distance of his journey reaches (81 km) or more. This is on condition that his journey is a permissible one, and that he begins shortening and combining only after setting out and passing beyond the built-up limits of the city in which he resides, or beyond the administrative boundaries of the area where he lives.
Accordingly, if the distance between one's workplace and one's place of residence reaches the distance upon which the concession of combining and shortening depends, then combining and shortening are permissible once he leaves the built-up area, even if this travel is repeated on a daily basis.
Ash-Shirbīnī (raḥimahullāh) said: "It is permissible to combine Ẓuhr and ‘Aṣr, either as an early combination (taqdīm) in the time of the first, or as a delayed combination (ta'khīr) in the time of the second; and likewise Maghrib and ‘Ishā' — either early, in the time of the first, or delayed, in the time of the second — during a long, permissible journey, in following [the Prophet's practice]. As for the delayed combination, it is established in the two Ṣaḥīḥs from the ḥadīth of Anas and Ibn ‘Umar (raḍiyallāhu ‘anhum). As for the early combination, Ibn Ḥibbān and al-Bayhaqī graded it ṣaḥīḥ from the ḥadīth of Mu‘ādh, and at-Tirmidhī graded it ḥasan." [Quoted with slight abridgment from Mughnī al-Muḥtāj, Vol.1/p.529]
The conditions for combining and shortening have already been explained in Fatwa No. 14 and Fatwa No. 842. And Allah, the Exalted, knows best.