Resolutions of Iftaa' Board



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

What do you say about someone who stays up all night on Laylat al-Qadr but misses Fajr prayer?

Such a person has deprived themselves of a great reward. Performing obligatory acts is more beloved to Allah than voluntary acts. Fajr prayer is an obligation, and performing it in congregation is equivalent to worshiping for the entire night. So how can someone neglect it while striving for voluntary prayers?!

What is the ruling on performing dry ablution (tayammum) instead of the ritual bath due to severe cold?

Whoever is sick such that he cannot use water, or finds the water cold and heating it is not possible, and the person would be harmed by using cold water, it is permissible for him to perform tayammum. He must make up what he prayed with tayammum, because this is a place where there is water. And Allah the Almighty knows best.

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.

Does the 'aqīqah count as valid if it is slaughtered before the seventh day from the birth?

 

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The time during which it becomes permissible to slaughter the 'aqīqah begins from the moment the newborn is fully delivered from its mother's womb.
If the animal is slaughtered prior to the birth, it does not count as an 'aqīqah — it is simply considered an ordinary sheep slaughtered for its meat.
And Allah Almighty knows best.