Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(20): “Ruling on Choking Male Chicks “

Date Added : 02-11-2015

 

Resolution No.(20) by the Board of Iftaa`, Research and Islamic Studies:    

“Ruling on Choking Male Chicks“

Date: 6/7/1411 AH, 21/1/1991 AD

 

We have received the following question:
What is the ruling of Sharia on choking male chicks because rearing them in poultry farms is costly?
Answer: All success is due to Allah.
The Board believes that this act is forbidden in Sharia for the following reasons:
1- It is torturing animals, and Allah the Almighty has forbidden such a thing. Our Prophet (PBUH) said: “A woman entered the (Hell) Fire because of a cat which she had tied, neither giving it food nor setting it free to eat from the vermin of the earth.“ {Bukhari}.
2- It is killing an edible animal for a purpose other than eating, and this is forbidden as well. Our Prophet (PBUH) said {what means}: “Whoever kills a sparrow or a bird of bigger size for entertainment (not to eat it because of being hungry), Allah will call him to account on the Day of Resurrection. The companions asked: how? He said: he should have killed it, then ate it; not have cut off its head and thrown it away.” {An-Nassai}.
3- It is killing a tied or confined animal, and our Prophet (PBUH) has forbidden that as well.
Accordingly, the Board of Iftaa` recommends that all Muslims and people in charge stop such an act which involves torturing animals, and the same applies to similar acts committed against human beings. We hope that they would follow the teachings of the Prophet (PBUH) who said in this regard: “Allah has written kindness on everything, so if you kill a person e.g. by Qisas (retribution) do it in a merciful manner, if you slaughter an animal, do it in a merciful manner as well; each of you should sharpen his knife to relieve his kill.“ {Muslim}.
It isn`t permissible to waste these chicks in that way, or slaughter them for a purpose other than eating, rather, they should be taken care of until they are sold even for a small profit since a Muslim should exert every effort to adhere to the Rulings of Allah The Almighty, and not to set making a profit as his sole target. And Allah The Almighty 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

Is supplicating in Qunoot, at times of affliction, during obligatory and voluntary prayer a Sunnah, and should it be done before Rukoo` (bowing), or after it?

At times of affliction, it is a Sunnah that Muslims supplicate in Qunoot after the final Rukoo` of each obligatory, or voluntary prayer as individuals, or in congregation.

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.

What is the ruling on purchasing sacrificial animals and authorizing their slaughter via telephone?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is preferable for the one offering a sacrifice (udhiyah) to slaughter the animal himself, in adherence to the Sunnah, or to be present at the slaughter if possible.
 
It is valid to authorize a butcher to purchase a sacrificial animal on his behalf and slaughter it, regardless of whether the animal is owned by the butcher or the butcher is acting as an agent in its sale—according to the Hanbali school—provided that the butcher specifically designates and purchases the animal for the person offering the sacrifice before slaughtering it. And Allah Almighty knows best.

Which takes precedence: the 'aqīqah or the uḍḥiyyah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is an act of worship through which a servant draws closer to Allah the Almighty in gratitude for the blessing of a newborn child. It is a confirmed Sunnah for those who are financially capable, and Allah does not burden any soul beyond what it can bear.
However, the uḍḥiyyah takes precedence, as it is a confirmed Sunnah established from the Prophet ﷺ through stronger and more numerous narrations — indeed, the Ḥanafī scholars hold it to be obligatory. Furthermore, its time is narrow and limited, expiring with the passing of the days of Eid, whereas the 'aqīqah may be delayed until one becomes financially capable of performing it.
And Allah Almighty knows best.