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

What is the ruling on the ablution of one who washes his arms from the wrist to the elbows?

In the school of Imam al-Shafi'i (may Allah have mercy on him), washing the arms (hands) is achieved by washing the arms completely, from the fingertips to the elbows. Washing only the palms at the beginning is insufficient, as washing them at the beginning is a Sunnah, but after washing the face, it becomes obligatory (fard). The person performing ablution must wash his palms along with the arms after washing the face. If he does not wash his palms, his ablution is invalid and not correct. And Allah the 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.

What is the ruling on shaving the head of the newborn?

It is desirable to shave the head of the newborn on the seventh day from delivery, and the weight of his/her hair is given in gold , or silver as charity.

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.