Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(113): “The Suit Filed against the Muslim Journalist who has Republished the Images Mocking the Prophet (PBUH)“

Date Added : 28-10-2015

 

Resolution No.(113): “The Suit Filed against the Muslim Journalist who has Republished Cartoons Mocking the Prophet (PBUH)“

Date: 23/7/1427 AH, corresponding to 17/8/2006 AD.

 

 

The Board received the following question:

What`s the ruling of Sharia on the suit filed against the journalist Jihaad Al-Momani at Amman Sharia Court/ Cases Court before the judge Salah Shewayaat for the purpose of proving the apostasy of that journalist on charges of republishing the mocking cartoons of the Prophet (PBUH) at Sheehan weekly newspaper, when he was its editor in chief. This is in addition to his writing an article included in the same issue of that newspaper, where he criticized the violent response of Muslims to those images. The article is entitled: “Muslims of the world be patient! “

Answer: All success is due to Allah

The Board believes that since the above case is at bar, it is difficult to give an opinion in this regard without considering the details necessary for delivering a Sharia ruling. On the other hand, the Board has no right to summon someone for a hearing, because no request was made for obtaining a Fatwa from the Fatwa Board to that end. Therefore, the Board is of the view that the Sharia Court has the right of guardianship in the above case and that its rulings are subject to the oversight of the Sharia Court of Appeal. And Allah Knows Best.

 

The Iftaa' Board

                 Chairman of The Iftaa' Board/Cheif Justice Dr.Ahmad Hlyaal

                       Sheikh AbdelKareem Al-Khasawneh

    Dr. Yousef Ali  Ghythan 

                              Dr. Dr. Abd Al-Majeed Al-Salaheen         

                           Dr. Wasif Al-Bakhri                               

Sheikh Saeed Hijawii

    Sheikh Naeem Mujahid

 

Decision Number [ Previous | Next ]


Summarized Fatawaa

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

What is the ruling of Islamic Law on obtaining financing from Islamic banks by bringing invoices in prior arrangement with the seller, then taking the cash after the financing is approved — with the purpose of settling debts and buying a car?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It appears from the transaction described that its underlying purpose is to obtain cash through resorting to a legal artifice (ḥīlah/tawarruq-style trick), and it is not permissible to engage in such trickery or to coordinate with the various parties merely to obtain liquidity. This is because such artifices bring the sale closer in reality to a ribā-based (usurious) transaction, even if it outwardly appears otherwise.
The Prophet ﷺ said: "Do not commit what the Jews committed, thereby making lawful what Allah has made unlawful through the flimsiest of tricks." This was related by Ibn Baṭṭah in his book Ibṭāl al-Ḥiyal (p. 47), and many scholars have graded it as ḥasan (sound/acceptable).
We have already explained the impermissibility of engaging in such deceptive dealings with Islamic banks in Fatwa No. 516, so please refer to it. And Allah, the Exalted, knows best.

Is washing the private part after urinating (Istinjaa`) a condition, and is it done with water and soap, or with water only?

Istinjaa` is obligatory for removing impurity, and it can be done with toilet paper, or a stone, or water. It is preferable to do Istinjaa` first with paper, or stone, or the like, then to wash the private part with water until making sure that the impurity has been removed. Using soap is not a condition, but there is no harm in doing so provided that it is washed off with water. It is also permissible to use either water, or paper if impurity is removed by any.

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.