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

When is it Sunnah to slaughter the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is Sunnah for the 'aqīqah to be slaughtered on the seventh day from the birth of the newborn. According to the sounder position, the day of birth itself is counted as the first of the seven days. Thus, for example, if the child is born on a Saturday, the 'aqīqah is to be slaughtered on the following Friday. If the child is born at night, the count begins from the day that follows. And Allah Almighty knows best.

What is the ruling on a person in a state of major impurity (junub) walking or eating before performing the ritual bath?

It is from the Sunnah for a Muslim to hasten to perform the ritual bath for major impurity. However, if he delays it, he does not sin provided he does not miss the prayer. It is permissible for the junub to walk, eat, drink, and sleep. It is recommended for him to perform ablution before these actions to reduce the state of impurity, although the best is for him to perform the ritual bath. And Allah the Almighty knows best.

What is the ruling on deliberately breaking the fast while being capable of fasting?

Whoever intentionally breaks their fast in Ramadan without a valid excuse has committed a major sin and bears great guilt. They must repent, seek forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day after Ramadan.
They have lost an immense reward, which cannot be compensated even by fasting an entire lifetime as a voluntary act, because an obligatory fast cannot be equaled by voluntary fasting.
If the fast was broken through sexual intercourse, the person must:
● Make up for the missed fast (qada), and
● Perform kaffarah by fasting two consecutive months.
● If they are unable to do so, they must feed sixty needy people.

What are the conditions that must be met for the 'aqīqah to be valid?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is like the recommended uḍḥiyyah in terms of the type of animal, its age, and its required characteristics — since it is a recommended slaughter and therefore resembles the uḍḥiyyah in its rulings.
It is agreed upon without any difference of opinion that the 'aqīqah is not valid with any animal other than livestock (al-na'am — camels, cattle, and sheep). Likewise, an animal with a disqualifying defect — such as obvious illness, lameness, or blindness in one eye — does not suffice, as has previously been explained in the rulings of the uḍḥiyyah. And Allah Almighty knows best.