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Resolutions of Iftaa' Board

Resolution No.(115): “Sharia Ruling on Leasing a Place as a Cinema

Date Added : 28-10-2015

Resolution No.(115): “Sharia Ruling on Leasing a Place as a Cinema“

Date: 4/9/1427AH, corresponding to  27/9/2006AD

 

 The board received the following question:

What is the ruling of Sharia on leasing an area in a trading block as a cinema?

Answer: All success is due to Allah, The Lord of The Worlds

The Board is of the view that it is impermissible to do so because it is more likely that the movies which will be shown would contain that which violates the rulings of Islamic Sharia, even if that cinema helps in making the block`s business a success. This is because the end doesn`t justify the means, and as the end should be lawful, so should the means, but the latter isn`t because it (cinema) would show movies that promote vice and lead to mixing between the two sexes. Every act that leads to the illegal is by itself illegal as well. Allah The Almighty Says {What means}: ”O ye who believe! Give of the good things that ye have (honourably) earned, and of the fruits of the earth, which We have produced for you, and do not even aim at getting anything which is bad, in order that out of it ye may give away something, when ye yourselves would not receive it except with closed eyes. And know that God is Free of all wants, and worthy of all praise.“ {Al-Baqarah/267}. The Messenger of Allah (PBUH) said: “Allah The Almighty Is Good and Accepts only that which is good. In addition, verily Allah Has Commanded the believers to do that which He has commanded the Messengers. So the Almighty Has Said (What means): “O (you) Messengers! Eat of the tayyibat [all kinds of halal (legal) foods], and perform righteous deeds.” [23:51] and the Almighty, Has Said (What means): “O you who believe! Eat of the lawful things that We have provided you.” [2:172]. Then he (PBUH) mentioned [the case] of a man who, having journeyed far, is disheveled and dusty, and who spreads out his hands to the sky saying “O Lord! O Lord,” while his food is haram (unlawful), his drink is haram, his clothing is haram, and he has been nourished with haram, so how can [his supplication] be answered? [Muslim].

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. Wasif Al-Bakhri                               

 Sheikh Saeed Hijawii

    Sheikh Naeem Mujahid

Dr. Yaser Al-Shamali

 

 

 

(1) Related by Moslim in his Sahih, Al-Zakah book, Ch. Accepting and investing charity out of a lawful sources, Hadith No. (1015) narrated by Abu Hurayra (May Allah Be Pleased with him).

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Summarized Fatawaa

What is the ruling on the ablution of one who touches women prohibited to him by a temporary prohibition (mahram bi-hurma mu'aqqata)?

It is prohibited to touch a woman who is temporarily prohibited (meaning one whom it becomes permissible to marry after the impediment is removed, such as the wife of a brother or paternal uncle). Touching her without a barrier invalidates ablution. And Allah the Almighty knows best.

What is considered a woman`s Awrah (parts of the body that must be concealed during prayer) while offering prayer, and is her foot part of it?

A woman`s whole body is considered an Awrah while offering prayer except the hands and the face. Thus, her foot is an Awrah as well. And Allah Knows Best.

What is the ruling on waiving a debt owed by a debtor and counting it toward zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Waiving a debt owed by a debtor, with the intention of counting it toward zakāh, does not fulfill the zakāh obligation. Rather, it constitutes an ordinary act of charity, for which Allah rewards the giver generously — since one of the conditions for the validity of zakāh is that the person paying it must form the intention of zakāh at the actual moment the wealth is paid out. In this case, the debt has already been established as a standing obligation upon the borrower, so it is not valid to simply redirect the intention toward zakāh after the fact.
It is preferable, instead, for the creditor to first collect the debt from the debtor, and then return to him the amount of money he is required to pay as zakāh — or a portion of it — if the debtor happens to fall under one of the eight categories that Allah, the Exalted, has commanded be given from zakāh.
It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]." And Allah, the Exalted, knows best.

I have a date farm, and the dates come in different categories, and within each category there are different sizes. How is zakāh paid on the yield?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the yield reaches the niṣāb (the minimum threshold for zakāh to become obligatory) — which is five awsuq (plural of wasq), equivalent to (611) kg — then zakāh becomes obligatory upon it, at a rate of one-tenth ('ushr) if irrigated by rainwater (i.e., naturally, without the use of machinery), or one-twentieth (half of the 'ushr) if irrigated using machinery/equipment.
If the yield of dates consists of different varieties, then zakāh should be paid from each variety according to its respective proportion. If this proves difficult, it is permissible to pay from a medium-quality variety [representative of the average].
It is stated in Ḥāshiyatā Qulyūbī wa ‘Umayrah (Vol.2/P.22): "Different varieties are combined together [for the purpose of calculating the niṣāb] — such as the various types of dates, the various types of raisins, and so on — and zakāh is paid from each type according to its respective proportion. However, if this becomes difficult due to the large number of varieties and the small quantity of each individual type, then zakāh should be paid from a medium-quality variety among them — neither the best nor the worst — out of consideration for both sides [the giver and the poor recipient]. If one goes to the trouble of paying from each variety according to its proportion, this is also permissible." And Allah, the Exalted, knows best.

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