Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(74): “Cursing Allah The Exalted Turns a Person into a Disbeliever“

Date Added : 28-10-2015

 

Resolution No.(74): “Cursing Allah The Exalted Turns a Person into an Apostate“

Date: 1/3/1425 AH, corresponding to 21/4/2004 AD.

 

The Board received the following question:

What is the ruling on living with a husband who curses Allah on regular basis whenever he gets mad, but once he regains calm, he seeks the forgiveness of Allah. However, when he is told that what he had done turned him into a disbeliever, he rejects that and confirms his belief in Allah and that he never intended to get out of the fold of Islam?

Answer: All success is due to Allah.

Cursing Allah The Exalted is a major sin that turns a person into a disbeliever, whether he was joking, serious or mocking, for Allah Says {what means}: “If thou dost question them, they declare (with emphasis): "We were only talking idly and in play." Say: "Was it at God, and His Signs, and His Apostle that ye were mocking?" {At-Tawbah/65}. And this opinion is unanimously agreed upon by the four Muslim jurists; therefore, this person must seek Allah`s forgiveness, make repentance, and return to the fold of Islam.

Moreover, Allah The Exalted Accepts the repentance of such persons for He Says {what means}: “Say to the Unbelievers, if (now) they desist (from Unbelief), their past would be forgiven them; but if they persist, the punishment of those before them is already (a matter of warning for them).” {Al-Anfaal/38}. Allah`s Apostle also says: “I have been ordered (by Allah) to fight against the people until they testify that none has the right to be worshipped but Allah and that Muhammad is Allah's Apostle, and offer the prayers perfectly and give the obligatory charity, so if they perform that, then they save their lives and property from me except for Islamic laws and then their reckoning (accounts) will be done by Allah." {Bukhari&Muslim}. And this is the opinion of the Hanafite and the Shafite jurists.

This person becomes separated from his wife once her Iddah (waiting period) ends before he makes repentance to Allah The exalted and returns to the fold of Islam. However, if he returns to his wife before the end of her Iddah, she becomes lawful to him, and this is in accordance with the Shafite School of Jurisprudence.

We advise this husband to fear Allah and remember Him constantly since He Says {what means}: "Those who believe, and whose hearts find satisfaction in the remembrance of God: for without doubt in the remembrance of God do hearts find satisfaction.” {Ar-Ra`d/28}. It is also imperative that he completely stops cursing Allah The Exalted, makes sincere repentance, and be honestly determined not to commit this sin again for fear that his heart may get stained with the ill that he had done and be sealed by Allah as such, for those whom Allah misguides, none can guide. Allah Says {what means}: “O ye who believe! Turn to God with sincere repentance: In the hope that your Lord will remove from you your ills and admit you to Gardens beneath which Rivers flow, - the Day that God will not permit to be humiliated the Prophet and those who believe with him. Their Light will run forward before them and by their right hands, while they say, "Our Lord! Perfect our Light for us, and grant us Forgiveness: for Thou hast power over all things." {At-Tahreem/8}. And Allah Knows Best.

 

Chairman of the Iftaa` Board,

        Chief Justice, Izzaldeen At-Tamimi

Dr. Ahmad Hilayel

Dr. Yousef Ghyzaan    

Dr. Abdulsalam Al-Abbadi             

Dr. Wasif Abdulwahaab          

Sheikh Saeid Hijjawi     

Dr. Mohammad Abu Yahia               

Sheikh Nai`em Mujahid           

                                                             Sheikh Abdulkareem Al-Khasawneh                              

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Summarized Fatawaa

Is it permissible for women to attend Tarawih prayer in the mosque?

Yes, it is permissible for women to attend Tarawih prayer in the mosque, provided they observe modesty, proper covering, and avoid mixing with men.
The Prophet ﷺ said: "Do not prevent the female servants of Allah from the mosques of Allah." [Bukhari and Muslim]

Who is the one required 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 by the guardian of the newborn — the one upon whom the child's financial maintenance is obligatory — provided he is financially capable of doing so. 'Alī ibn Abī Ṭālib, may Allah be pleased with him, reported: "The Messenger of Allah ﷺ performed the 'aqīqah for al-Ḥasan with one sheep." — Narrated by al-Tirmidhī. And Allah Almighty knows best.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

Is vomit among the nullifiers of Wudu (ablution)?

Vomit does not nullify Wudu, but it is a Najaasah (impurity) that requires rinsing the mouth and washing whatever became dirty by it since the prayer becomes valid only after the removal of Najaasah. And Allah Knows Best.