Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(59): “Ruling on Planting Trees in Graveyards“

Date Added : 02-11-2015

   

Resolution No.(59): “Ruling on Planting Trees in Graveyards“

Date: 9/11/1422 AH corresponding to 23/1/2002 AD.

 

Question:

What is the ruling of Islamic Sharia on planting trees in graveyards?

Answer: All success is due to Allah.

According to Islamic Sharia, planting trees in graveyards is permissible since it is included within the general meaning of the Sharia maxim which states that, in principle, things are permissible so long as there is no provision from the Quran and the Sunnah proving otherwise, and there is no evidence that forbids such an act. However, trees shouldn`t be planted directly above the graves, rather, they should be planted in the corridors and places where there are no graves. This is in order for their roots not to harm the dead because doing so is forbidden as stated in the Prophet`s Hadith {what means}: "Breaking a deceased body’s bones is exactly like breaking them when he is alive.” {Related by Abu Dawud in accordance with the conditions of Muslim}. And Allah Knows Best.

Iftaa` Board

Chairman of the Iftaa` Board, Chief Justice, Izz Al-Deen Al-Tamimi

                 Dr. Mohammad Abu Yahia     

                                                                     Dr. Ahmad Hilayel

                   Dr. Abdulsalam Al-Abbadi        

                 Sheikh Mahmoud Shwayyaat

     Dr. Yousef Gheezaan

Dr. Wasif Al-Bakhri

   Sheikh Saeid Hijjawi

 

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Summarized Fatawaa

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

What is the ruling on someone who fainted while fasting?

● If a person had the intention to fast from the night but then fainted during the day and regained consciousness before sunset, even for a moment, their fast remains valid.
● However, if they remain unconscious for the entire day, from Fajr until sunset, their fast does not count, and they must make up for that day later.

What is permissible for the person who wants to ask for a woman`s hand in marriage to see from her body?

He is permitted to see her hands and face only, but if he wants to see more, then he has to send a woman that he trusts to do so.

Is it permissible for one to shake hands with his uncle`s daughter?

No, it isn`t because he is a non-Mahram (Marriageable) to her.