Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(97): “Sharia Ruling on Bahai and Druze Sects“

Date Added : 02-11-2015

 

Resolution No.(97) by the Board of Iftaa`, Research and Islamic Studies:

“Sharia Ruling on Bahai and Druze Sects“

Date: 1/2/1427AH, corresponding to 1/3/2006.

 

 

Question:

What is the ruling of Islamic Sharia on the Bahai and Druze sects and the reasons for not recognizing them as two religions?

Answer: All success is due to Allah.

Islamic Sharia rests on values of tolerance, justice, and recognition of the other. It also promotes cooperation among different nations regardless of  creed, language, and faith. Allah The Almighty Says {What means}: “O mankind! Lo! We have created you male and female, and have made you nations and tribes that ye may know one another. Lo! the noblest of you, in the sight of Allah, is the best in conduct. Lo! Allah is Knower, Aware.” {Al-Hujurat/13}. This is the approach which the Prophet (PBUH) and his companions have followed when dealing with non-Muslims.  

As a result, they were granted complete freedom of faith, freedom to perform their religious ceremonies, and their places of worship were protected. Many provisions derived from the Quran and the Sunnah make protecting the rights of non-Muslims in a Muslim community an obligation. The Prophet (PBUH) was reported to having said: “Whoever harms a Dhimmi (a non-Muslim living in a Muslim community), he has harmed me” This Hadith was never narrated by any Muslim scholar. Ibn Al-Qayim said in his book [Al-Manar Al-Moneef, pp.98]: “This Hadith is fabricated”, so the following Hadith suffices as an evidence supporting the above idea: Safwan reported from a number of Companions of the Messenger of Allah (PBUH) on the authority of their fathers who were relatives of each other. The Messenger of Allah (PBUH) said: ”Beware, if anyone wrongs a contracting man, or diminishes his right, or forces him to work beyond his capacity, or takes from him anything without his consent, I shall plead for him on the Day of Judgment.” {Sunan abi Dawood}.

 

Through Ijtihad {independent reasoning}, Muslim scholars have agreed that non-Muslims shall enjoy the same rights and duties of Muslims. However, since Islam is the seal of heavenly messages and Mohammad (PBUH) is the seal of all Messengers, and since the Bahai sect is based on the idea of believing in the prophecy of its founder (Al-Baha`), then recognizing it as a heavenly faith contradicts the creed of Islam and its rulings. 

As regards the Druze sect in the Hashemite Kingdom of Jordan, they are treated on equal footing with Muslims based on the Ijtihad agreed upon by the Sharia courts which rule on basis of Islamic Sharia as stipulated in article (106) of the Jordanian Constitution. And Allah Knows Best.

 

Iftaa` Board
Chairman of the Iftaa` Board, Chief Justice, Dr. Ahmad Hilayel
Dr. AbdulMajeed Al-Salaheen
Dr. Abdulsalam Al-Abbadi
Dr. Yousef Ghyzaan
Dr. Wasif Al-Bakhri
Dr. Abdukareem Al-Khasawneh
Sheikh Sae`id Hijjawi
Sheikh Nae`im Mujahid

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Summarized Fatawaa

Is it permissible to offer an Udhiyah on behalf of the deceased?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Offering an Udhiyah (sacrificial animal) on behalf of a deceased person is permissible. This is the official position of the Hanbali school (as stated in Kashshaf al-Qina’ by al-Bahuti,Vol.6/P.428) and was also upheld by the prominent Shafi'i scholar Al-’Abbadi (mentioned in Bidayat al-Muhtaj by Ibn Qadi Shuhbah,Vol. 4/P.358). It has likewise been narrated as a valid view among some Maliki and Hanafi scholars.
 
In fact, Imam Abu Dawud dedicated an entire chapter in his Sunan collection entitled, "Chapter on Sacrificing on Behalf of the Deceased." In it, he recorded a narration from Hanash, who said: "I saw 'Ali sacrificing two rams, so I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace and blessings be upon him) commanded me to offer a sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Imam Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "O Allah, this is from You, for You, and on behalf of Muhammad and his Ummah (community). In the Name of Allah, and Allah is the Greatest," and he then slaughtered the animal.
 
The textual evidence here lies in the fact that our Master, the Prophet (peace and blessings be upon him), offered a sacrifice on behalf of his entire community—and it is well-established that his community includes those who have already passed away.
 
Furthermore, there is an abundance of sacred texts demonstrating that the rewards of righteous deeds reach the deceased. For instance, it is permissible to fast on behalf of a deceased person who passed away with missed obligatory fasts, and it is equally permissible to perform Hajj on their behalf, both of which are firmly established in authentic Hadiths. Therefore, if the reward of fasting (which is a purely physical act of worship) and Hajj (which is a joint physical and financial act of worship) can reach the deceased, then the reward of an Udhiyah reaches them with greater reason (by way of A Fortiori argument). This is because it is a purely financial act of worship, falling under the general category of charity (Sadaqah).
 
Additionally, scholars have reached a consensus (Ijma') that the rewards of charity reach the deceased, and since the Udhiyah is inherently an act of charity, it falls under the same ruling. Consequently, based on all the aforementioned evidence, we hold the view that offering a sacrifice on behalf of the deceased is entirely permissible. And Allah the Almighty Knows Best.

Is it permissible to give Zakah (obligatory charity) to one`s poor sister, or brother?

It is permissible for one to give the Zakah to his poor sister, or brother if providing for them isn`t due on him, and the sister doesn`t receive sufficient provision from whomever that is due on. And Allah Knows Best.

Must a person refrain from eating for the rest of the day if they break a fast of a vow (nadhr) or a make up fast (qada)?

 

Whoever observes a vowed fast (nadhr) or a makeup fast (qada) is prohibited from breaking it without a valid excuse. If they break it without a legitimate reason, they are sinful.
However, they are not required to refrain from eating for the rest of the day, because such restraint is only required out of respect for the month of Ramadan, not for other types of fasting.

What is the ruling on giving the expiation of an oath (Kaffarat al-Yamin) to a charity that feeds the poor?

 

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

It is allowed for a Muslim to appoint a proxy (agent) to distribute the expiation (Kaffarah) on their behalf. Our jurists have explicitly stated the permissibility of delegation (Tawkil) in the distribution of Zakat, Kaffarah, and vows (Nadr).

It is stated in Mughni al-Muhtaj (Vol.3/P.237): 'One has the right to pay the Zakat of their wealth personally... and they also have the right to delegate it.' And Allah the Exalted knows best.