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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 it permissible for me to eat from the animal that I slaughtered for Allah to protect my family?

It is permissible to eat from the non-vowed animal sacrifice, and the person is rewarded based on the amount of meat that he had given to the poor. However, there is no evidence in Islamic Sharia indicating that slaughtering an animal protects one`s family, but it is a way for thanking Allah, The Almighty, for his grace.

What should a person who was favored from Allah with a newborn, but couldn`t afford an Aqeeqah, do?

Aqeeqah (the sheep slaughtered on the seventh day from the child`s birth) is a desirable Sunnah for the financially able since Allah, The Exalted, charges not a soul beyond its capacity. Therefore, if the father couldn`t afford the Aqeeqah before the end of his wife`s confinement, then it isn`t due on him, and if he was able to afford it later on, then it is permissible, but if he didn`t until the child reached puberty, the latter can offer the Aqeeqah himself.

What is the ruling on one who sees moisture on his clothes and doubts whether it is semen or pre-seminal fluid (madhy)?

Whoever finds moisture upon waking from sleep and doubts whether it is semen or madhy, and cannot distinguish between them, he may choose between them and act according to his choice. If he wishes, he can consider it semen and perform the ritual bath, or consider it madhy, perform ablution, and wash what it has soiled. This is because if he fulfills the requirement of one of them, he is definitively free from it, and the default is his innocence from the other. And Allah the Almighty knows best.

 I`m keeping a plot of land (10 Dunums) for my children. Is it liable for Zakah?

Praise be to Allah, The Lord of the Worlds.

Land that is purchased with the intention of ownership and personal benefit—meaning to retain it for use and not for trade—is not subject to zakāh, as such property is not considered from trade commodities (ʿurūḍ al-tijārah).
 
It is stated in Al-Ḥāwī al-Kabīr:
“If it is property and one intends it for trade, then zakāh is due upon it; but if he intends it for personal possession, then no zakāh is due upon it.” And Allah, the Exalted, knows best.

 

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