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Resolutions of Iftaa' Board

Resolution No.(36): “Ruling on Migrating from Palestine"

Date Added : 02-11-2015

Resolution No.(36):
 "Ruling on Migrating from Palestine“
Date: 4/1/1414 AH corresponding to 24/6/1993 AD.

All perfect praise is due to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
The Board convened on the above date and reviewed an article issued by a researcher of Sharia Sciences, living in Amman, who deems that it is an obligation on the people of Palestine to migrate from it under the pretext that they are being oppressed by a polytheist enemy, and in order to follow in the footsteps of the Prophet (PBUH) and the honorable companions when they migrated from Makkah to Medina. On their part, members of the Board of Iftaa` have agreed that such an opinion is a lapse on the part of the writer, and it shouldn`t be adopted or acted upon because this person is unaware of the situation in Palestine, and haven`t exercised patience to make sure that it is parallel to the situation of the early Muslims in Makkah before their migration to Medina.
The Board stresses that it isn`t permissible for the people of Palestine to migrate or leave the Holy Land to the Jews because their staying there is considered Jihad in the cause of Allah, and for that they will receive the reward of the steadfast. Moreover, their standing up to the enemy is Jihad as well, and for that, they will receive the reward of those fighting in the cause of Allah. Those killed because of resisting this enemy are considered martyrs who are living with their Lord, by Him sustained. In addition, every act that strengthens the steadfastness of the people of Palestine supports those fighting there, and this is considered Jihad in the Cause of Allah. The Board would like to point out that there are several differences between the situation of Muslims in Palestine and that of early Muslims in Makkah before their migration (Hijrah):
1- Palestine is an Islamic territory, and the Jews are trying to take it by force, dominate it and alter its identity; therefore; it is a duty for all Muslims to stand up to them by every means possible. This is the responsibility of the People of Palestine in the first degree, then the neighboring Islamic countries closest to it and so on; whereas, polytheists inhabited Makkah and Muslims were trying to dominate them, but when they failed to achieve that, they migrated to Abyssinia, then to Medina.
2- Migration to Abyssinia wasn`t an obligation, rather it was an option for those who wanted to be spared the torture of the polytheists. However, when the Islamic state was established in Medina, migration to Medina has become an obligation on every Muslim capable of that, whether he was in Makkah or anywhere else. This is because migrating to Medina wasn`t intended for refuge only, but was also meant to provide the Islamic state with workforce and financing. Therefore, this issue was repealed when Islam dominated in Makkah and other places of the Arabian Peninsula, and Palestinians nowadays can`t find a place similar to Medina to migrate to.
3- Migrating to Medina was an order issued by the ruler of Muslims; Prophet Mohammad who did what was in the best interest of Muslims. However, today Muslim rulers and scholars, who are acquainted with the Palestinian situation, agree that the best interest lies in the steadfastness of Muslims in Palestine to preserve the Islamic identity there, awaiting a relief from Allah.
4- Jews don`t ban Muslims from observing religious rituals, performing acts of worship or adhering to the rules of Sharia; however, they ban them from Jihad. Meanwhile, the polytheists of Makkah used to ban the weak Muslims from performing any act of worship related to Islam.
5- Emptying Palestine from its Muslim people is the aim of Jewish leaders and rulers because it is in their best interest and paves the way for executing their plots. Consequently, it is the duty of every Muslim to weaken the plan of the disbelievers.
6- The Board of Iftaa` confirms that what this researcher did was a lapse, and had he known its consequences, he wouldn`t have made it. The Board also calls on all Muslims not to take all that is said as regards religion for granted since what is lawful is clear and what is unlawful is also clear. Piety is that which contents the soul and comforts the heart, and sin is that which causes doubts and perturbs the heart.
7- The Board supports the Jihad of our people in Palestine, our brothers in Bosnia and Herzegovina, and in every Muslim country. It blesses their honorable stands and calls upon all Muslims to support them as much as possible. Besides, pleasing Allah is our sole quest. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice Izzaddeen Al-Tamimi
Acting Mufti General, Sheikh Saeid Hijjawi
Mufti General of Jordanian Armed Forces: Mhamood Shwayat
Dr. Ali Al-Faqheer
Dr. Mahmood Al-Sartawi           
Dr. Moh. Na`eim Yaseen           
Secretary General of Awqaaf Ministry, Dr. Ahmad Hilayel
Sheikh Ratib Az-zahir       
Sheikh Ibrahim Khash-shaan                   

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Summarized Fatawaa

Is it permissible for the person who hasn`t made wudu` (state of minor ritual impurity) to perform the Adhan?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is disliked (Makruh) for a person in a state of minor ritual impurity (Hadath Asghar) to perform the Adhan. However, if he does so, his Adhan is considered valid and fulfills the sunnah of the Adhan despite it being disliked. And Allah the Exalted knows best.

What is the ruling on someone who dies while having missed fasts?

● If a person dies before having the opportunity to make up the missed fasts—such as someone whose excuse (e.g., illness) persisted until their death—then no makeup fast (qada), fidyah, or sin applies to them.
● However, if they had the ability to make up the fasts but did not do so before passing away, the missed fasts must be compensated by giving a mudd of food for each missed day from their estate.
The Prophet ﷺ said: "Whoever dies while having a month’s fast due, one needy person should be fed per day on their behalf." [Narrated by At-Tirmidhi]
Additionally, a guardian (wali) may fast on their behalf, as the Prophet ﷺ said: "Whoever dies while having missed fasts, their guardian should fast on their behalf." [Narrated by Al-Bukhari and Muslim]
In another narration: "If they wish." This indicates that both feeding the needy and fasting on behalf of the deceased are permissible options.

What is the ruling of Islamic Law on following the actions of the imam in prayer and how this following is achieved?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The follower (ma'mum) is required to follow his imam in the actions of the prayer. This "following" (mutaba'ah) means that the follower performs each action of the prayer after the imam has begun it but before he has finished it. For example, the follower bows (in ruku') after the imam has reached the position of bowing, then rises after the imam has risen. The Prophet, peace and blessings be upon him, said: "The imam is only appointed to be followed, so when he says the takbir, say the takbir; and when he bows, then bow; and when he prostrates, then prostrate" (agreed upon, i.e., reported by both al-Bukhari and Muslim).
It is stated in Mughni al-Muhtaj (1/505): "Among the conditions of valid congregational prayer (iqtida') is following the imam in the actions of the prayer... meaning that following the imam is obligatory in the physical actions of the prayer, not in its verbal utterances... Complete following (kamal al-mutaba'ah) is achieved when the follower's beginning of an action comes after the imam's beginning of that same action, while the follower's beginning of the action precedes the imam's completion of it" — end of quote, with slight paraphrasing.
And Allah, the Exalted, knows best.

What are the legal and religious consequences for a charitable organization in the event that a sacrificial animal is damaged or spoiled after slaughter?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Charitable organizations entrusted with slaughtering sacrificial animals (uḍḥiyyah) and distributing their meat on behalf of their owners are obligated to safeguard the meat from spoilage, damage, theft, and any other harm. This is because such organizations act as agents (wukalā') on behalf of those offering the sacrifice, and an agent holds what is entrusted to them in trust (amānah) — whether they receive a wage for their work or act on a voluntary basis.
If the sacrificial animal is damaged after slaughter during the processes of packaging, transportation, or storage due to negligence or oversight — whether on the part of the organization's own staff overseeing the operation, or on the part of third parties contracted by the organization such as transport or shipping companies — then liability falls upon the negligent party, who is required to compensate for the value of the sacrifice. It is not permissible to cover such compensation from the organization's other donor funds.
However, if the damage to the sacrificial animal occurs without any negligence in its preservation and storage on the part of any party involved in the transportation, shipping, or storage process, and is instead attributable to force majeure circumstances beyond their control, then no financial liability is borne by any party in such a case. And Allah Almighty knows best.

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