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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 someone who combines two prayers as an early combination (jam‘ taqdīm), and then arrives at his place of residence during the time of the second prayer — is he obligated to repeat it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Whoever combines Ẓuhr and ‘Aṣr while traveling — that is, before he has reached the built-up boundaries of his hometown [upon returning] — his combination (jam‘) of the two prayers remains valid, even if he arrives at his place of residence before the time for the second prayer has actually begun. This is because the combination was already validly completed with its proper conditions fulfilled, and he is not obligated to repeat the second prayer [upon arrival].
A traveler is permitted to make use of the concessions of shortening (qaṣr) and combining (jam‘) prayers once the distance of travel reaches (81 km) or more, provided that his journey is a permissible one, and that he begins shortening and combining only after actually setting out on the journey and passing beyond the built-up limits of the city in which he resides. And Allah, the Exalted, knows best.

What is the ruling on performing istinja' after passing wind from the anus?

Ablution is invalidated by passing wind from the anus, even without a smell. Only ablution becomes obligatory from it. Istinja' is not obligatory nor recommended. And Allah the Almighty knows best.

A person who has recently embraced Islam is afraid of undergoing circumcision (khitān) — what should he do?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If this person would be harmed by undergoing circumcision, based on the assessment of a trustworthy physician, then he is not obligated to undergo it. However, if the matter is simply a fear of the procedure itself, then it may be postponed until he feels at ease and settled about it, provided this does not lead him to become averse to Islam — while still taking care to remove any impurity from the concealed area [beneath the foreskin]. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

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