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

 

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Summarized Fatawaa

Is it permissible for the young woman to turn the suitor down if she had no feelings for him?

Yes, it is permissible for her to do so.

Is it a condition that one should offer two sacrifices for a male newborn?

It is desirable to offer two sheep for a male newborn, and one for a female newborn. Offering one sheep for the male newborn is also permissible as it observes the Prophet`s Sunnah in this regard.

What is the ruling on using the *subḥah* (prayer beads) to count during *tasbīḥ* and *dhikr*?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is recommended to use the ordinary or electronic subḥah (prayer beads or counter) to count tasbīḥ, dhikr, and istighfār, because it helps one to remember Allah. Many reports have been transmitted from the Companions and the Followers (tābiʿūn) showing that they continued to use strings of date pits as an aid to dhikr and tasbīḥ.
It is one of the lawful means of worship. Indeed, what is established from the Prophet (peace and blessings be upon him), namely that he counted tasbīḥ on his right hand, shows that it is permissible to count tasbīḥ with whatever helps a Muslim keep track of the number. There is therefore no basis for calling it an innovation (bidʿah), and we know of no jurist who said so.
Al-Ḥāfiẓ al-Suyūṭī (may Allah have mercy on him) wrote a dedicated treatise on the subject titled al-Minḥah fī al-Subḥah, printed within al-Ḥāwī li’l-Fatāwī (vol. 4–6).
Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī (may Allah have mercy on him) was asked: Does the subḥah have a basis in the Sunnah? He replied: “Yes, and al-Ḥāfiẓ al-Suyūṭī wrote on this. Among the evidence is what is authentically reported from Ibn ʿUmar (may Allah be pleased with them both): ‘I saw the Prophet (peace and blessings be upon him) counting tasbīḥ on his hand.’ Ibn Abī Shaybah, Abū Dāwūd, and al-Tirmidhī also narrated: ‘Hold fast to tasbīḥ, tahlīl, and taqdīs, and do not be heedless, lest you forget the affirmation of Allah’s oneness (tawḥīd). Count them on the fingertips, for they will be questioned and made to speak.’ Counting tasbīḥ with pebbles, date pits, and a knotted string has also been reported from a group of the Companions and those after them. Some scholars held that counting on the fingertips is better than the subḥah, based on the ḥadīth of Ibn ʿUmar. Others distinguished, saying: if the one reciting is safe from miscounting, counting on the fingertips is better; otherwise the subḥah is better.” [al-Fatāwā al-Fiqhiyyah al-Kubrā, Vol.1/p.152]. And Allah Almighty knows best.

 
What is the ruling on someone who eats or drinks while uncertain about the arrival of dawn, then later finds out that dawn had not yet broken?

If a person does this, their fast remains valid, as it is confirmed that they ate during the night. Similarly, if someone eats while uncertain and remains unsure whether they ate before or after dawn, their fast is still valid. This is based on the maxim of Sharia Law, which states: "Certainty is not removed by doubt." Certainty, here, is the presence of night, and the doubt concerns the arrival of dawn. Therefore, one relies on certainty and disregards doubt.