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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

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.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj,  Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.

Does sacrificing one sheep avail for the entire household?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial offering) is a communal Sunnah (Sunnah Kifayah) for members of the same household, provided that their financial maintenance is undertaken by a single provider. By "communal Sunnah," we mean that when one person performs it, the religious recommendation is fulfilled on behalf of the entire household, though the spiritual reward itself belongs uniquely to the one who offered it.
 
Therefore, if any member of the household performs the sacrifice—even if it is someone who is not legally responsible for the household's expenses, such as the wife or one of the children—the recommendation is fulfilled for everyone in that home. However, the reward does not automatically extend to the other members unless the person offering the sacrifice explicitly intends to share the reward with them—similar to how performing a funeral prayer (Janazah) fulfills the communal obligation for everyone, yet the specific reward is earned by those who actually prayed.
 
Additionally, a single sacrifice is sufficient for a man who is married to more than one wife. And Allah the Almighty Knows Best.

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