Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(101): “Sharia Ruling on Lying in Sale ”

Date Added : 02-11-2015

 

Resolution No.(101) by the Board of Iftaa`, Research and Islamic Studies

 “Sharia Ruling on Lying in Sale”

Date: 4/4/1427 AH, corresponding to 3/5/2006 AD

 

 

 

 

Question:

 

Is it permissible for a trader to say that a certain item is made in Italy-for example-while it is either made in China, or made in China and shipped to Italy, or most of its parts are made in Italy and some of them are made in China?

Answer: 

The Board is of the view that a Muslim-whether a trader, a salesman, or whatever his work may be-must be truthful in all that he says and always tell the truth about each item that he promotes. It is forbidden for him to resort to lying and cheating under any circumstances. Prophet Mohammad (PBUH) said: “Truth leads to piety and piety leads to Jannah(Paradise). A man persists in speaking the truth till he is recorded with Allah as a truthful man. Falsehood leads to transgression and transgression leads to the Hell-fire. A man continues to speak falsehood till he is recorded with Allah as a great liar.“ {Bukhari & Muslim}. He also said: “He who deceives isn`t of us.“ {Muslim}. And he (PBUH) said: “A Muslim is the brother of a Muslim, so it is impermissible for a Muslim to sell a deficient item to his brother without mentioning that to him “ {Bukhari}. And Allah Knows Best.

 

 

    

 

Chairman of Iftaa' Board, Cheif Justice/ Dr. Ahmad Hilayel                 

Dr. Yousif Ghaytan

 

 

 

 

Dr.Abdel Majeed Al-Salaheen

Sheikh Saeed Al-Hajawy

Dr. Wasif Al-Bakri                Sheikh Abdl-Kareem  Al-Khasawneh   

Sheikh Naeem Mojahid 

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Summarized Fatawaa

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

Is vomit among the nullifiers of Wudu (ablution)?

Vomit does not nullify Wudu, but it is a Najaasah (impurity) that requires rinsing the mouth and washing whatever became dirty by it since the prayer becomes valid only after the removal of Najaasah. And Allah Knows Best.

How should the udhiyah be distributed?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is obligatory to give the poor a portion of the meat from a voluntary sacrifice (Udhiyah al-Tatawwu’), which should not be less than approximately half a kilogram of raw meat. Other parts do not suffice for this obligation, such as the liver, tripe, or intestines.
It is Sunnah for the one offering the sacrifice to divide it into thirds: one-third for himself and his household to eat, one-third to be given as charity to the poor, and one-third to be given as a gift to friends and neighbors, even if they are wealthy. And Allah the Almighty knows best.

What is the ruling on public street water if it gets on a person's clothes or body?

The default ruling is that public street water is pure (tahir). If one is certain of its impurity (najasa), then a small amount that gets on the lower part of a person's clothes or body is overlooked (excused). And Allah the Almighty knows best.