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 one who slept while firmly seated on the ground, regarding nullification of ablution?

The default ruling regarding sleep is that it nullifies ablution. An exception to this is one who slept while firmly seated on the ground; his ablution is not nullified by sleep if he wakes up while still firmly seated on the ground. And Allah the Almighty knows best.

What is the ruling on a Friday sermon in which the khaṭīb did not explicitly exhort the congregation to be conscious of Allah (taqwā) in both sermons, but sufficed with commanding them to obey Allah and refrain from disobeying Him?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
For the Friday sermon (khuṭbat al-Jumʿah) to be valid, certain essential pillars (arkān) must be fulfilled. Among these is the exhortation to be conscious of Allah (waṣiyyah bi-taqwā Allāh), which must be present in both sermons. Alongside this pillar, the praising of Allah (ḥamdallah) and the sending of blessings upon the Messenger of Allah ﷺ are equally required.
Shaykh al-Islām Imām Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "These three are pillars in each of the two sermons, because each sermon is independent and separate from the other." [Tuḥfat al-Muḥtāj,Vol.4/P.447]
It is not a condition that the exhortation be expressed in any specific wording, nor is it required that the word "taqwā" itself be used — such as saying "I exhort you to be conscious of Allah." Rather, this pillar is fulfilled by any expression that contains a command to obey Allah the Almighty and to abstain from what He has prohibited.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "The third pillar is the exhortation to taqwā... The specific wording of this exhortation is not required, according to the most correct view, because the purpose is admonition and the urging of obedience to Allah the Almighty. Therefore, any expression that conveys admonition suffices — whether long or short — such as: 'Obey Allah and be ever mindful of Him.'" [Mughnī al-Muḥtāj,Vol.1/P.550]
Accordingly, what the khaṭīb has done — by commanding obedience to Allah and forbidding disobedience to Him in both sermons — is valid and sufficient. And Allah the Almighty knows best.

Is it permissible for a guardian (Big brother) to unlawfully stop his sister from getting married?

If the guardian denies her right in getting married for an unlawful reason, she should go to court in order to settle that matter, and the guardian is considered sinful in this case.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.