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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 a woman`s prayer considered invalid if non-Mahrams (marriageable men) saw her offering it?

A woman`s prayer isn`t invalidated if non-Mahrams saw her offering it, but she had better pray in isolation.

Is it valid for the 'aqīqah to be performed using the newborn child's own wealth?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible for the guardian to perform the 'aqīqah using the newborn child's own wealth, because the 'aqīqah is a voluntary act of giving (tabarru'), and a guardian is prohibited from making voluntary expenditures from the child's wealth. Should he do so, he becomes financially liable for what he spent. And Allah Almighty knows best.

Is it permissible for a woman to perform the obligatory prayer immediately after the adhan and before the Iqamah is performed in the mosque?

 

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Yes, it is permissible for a woman to perform the obligatory (Fard) prayer immediately after the Adhan (call to prayer) and before the Iqamah (call to commence prayer) is performed in the mosque. And Allah the Exalted knows best.

What is the ruling on reciting aloud (*jahr*) in a silent (*sirriyyah*) prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Reciting aloud (jahr) in the Fajr prayer, in the first two rakʿahs of Maghrib and ʿIshāʾ, and reciting silently (isrār) in the Dhuhr and ʿAṣr prayers is a sunnah. If the worshipper recites aloud where silence is prescribed, or the reverse, his prayer is valid, although it is better to follow the sunnah, in imitation of the Prophet (peace and blessings be upon him). Abū Hurayrah (may Allah be pleased with him) said: “In every prayer there is recitation. What the Messenger of Allah (peace and blessings be upon him) let us hear, we let you hear, and what he concealed from us, we conceal from you. If you add nothing to Umm al-Qurʾān (al-Fātiḥah), it suffices, and if you add to it, it is better.” Narrated by al-Bukhārī.
Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said in al-Majmūʿ (Vol.3/389): “The sunnah is to recite aloud in the two rakʿahs of Ṣubḥ (Fajr), Maghrib, and ʿIshāʾ, and in the Friday prayer, and to recite silently in Dhuhr, ʿAṣr, the third rakʿah of Maghrib, and the third and fourth of ʿIshāʾ. All of this is by the consensus of the Muslims, together with the mutually reinforcing authentic ḥadīths on the matter. This is the ruling for the imam. As for the individual worshipper (munfarid), it is sunnah for him to recite aloud according to us and according to the majority… If he recites aloud where silence is prescribed, or the reverse, his prayer is not invalidated, nor is there a prostration of forgetfulness (sujūd al-sahw) for it, but he has committed something disliked (makrūh).” And Allah Almighty knows best.

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