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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

What is the ruling on ablution without istinja' after sleep?

The sleep of one whose buttocks are not firmly seated on the ground invalidates ablution. Whoever wakes up and wants to pray must perform ablution only. Istinja' is not a condition for the validity of ablution, because it is for removing impurity from the private part. If there is no impurity on the private part, then istinja' is neither obligatory nor recommended. And Allah the Almighty knows best.

What is the ruling on someone who eats or drinks thinking that the night is still present, then realizes that dawn has broken?

Whoever eats or drinks thinking that the night is still present, then later discovers that dawn has broken, must refrain from eating and drinking for the rest of the day out of respect for the sacred month. However, they must make up that day after Ramadan, and there is no sin upon them.

What is the ruling on making up the regular *rawātib* (sunnah) prayers together with a missed obligatory prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is obligatory to make up (qaḍāʾ) a missed obligatory prayer (farḍ). As for the timed supererogatory prayers (al-sunan al-muʾaqqatah) or the regular rawātib prayers, it is recommended (mandūb) to make them up, even if a long time has passed. Ibn Ḥajar (may Allah have mercy on him) said in his Fatāwā: "It is established in our school that it is sunnah to make up the timed voluntary prayers, by night or by day, even if congregation is not prescribed for them, whether much time has passed or little."
Accordingly, it is recommended to make up the sunan together with the obligatory prayer. And Allah Almighty knows best.
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Note on terminology: Al-nawāfil al-muʾaqqatah (timed voluntary prayers) refers to supererogatory prayers tied to a specific time or cause, such as the rawātib (regular prayers before and after the obligatory ones), Duha, and the like. The ruling given here reflects the Shāfiʿī position.

Is a person who is in a state of Janabah (major ritual impurity due to having a marital intercourse, ejaculation, menstruation, and post-delivery impurities) sinful if he/she goes about his/her daily life activities in that state i.e. without making Ghusl (ritual bath)?

It goes without saying that a Muslim should always be in a state of ritual purity so as to be able to perform prayers and recite Quran. It is from Sunnah (Prophetic tradition) that a Muslim hastens to make Ghusl from Janabah, but he/she is not sinful in case he/she delayed that provided that he/she doesn`t miss prayers. However, it is permissible for him/her to go about their daily activities while in a state of Janabah, but had better bathe in order not to miss any prayer.

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