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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

Is it permissible to delay the ritual purification (ghusl) from major impurity (janabah) until after dawn?

Yes, it is permissible to delay ghusl from janabah until after dawn, as purity from janabah is not a condition for the validity of fasting. However, one must perform ghusl in time to pray Fajr within its designated time.

What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What is the meaning of the Prophetic statement that a boy is held in pledge (murtahan) for his 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The first interpretation: That if the boy dies in infancy without an 'aqīqah having been performed on his behalf, he will not intercede for his parents on the Day of Resurrection. This is the position of Imam Aḥmad ibn Ḥanbal, and Imam al-Khaṭṭābī concurred with him, stating: "The finest of what has been said regarding this matter is the position adopted by Aḥmad ibn Ḥanbal." — [Fatḥ al-Bārī by Ibn Ḥajar,{Vol.9/P.594]
The second interpretation: That the child is likened to a pledged object (marhūn) — one from which full benefit and enjoyment cannot be derived until it is redeemed. A blessing is only made complete upon the one blessed when they fulfil the obligation of gratitude (shukr), and the prescribed expression of gratitude for this particular blessing is what the Prophet ﷺ established as Sunnah — namely, the slaughtering of the 'aqīqah on behalf of the newborn as an act of thankfulness to Allah the Almighty and as a supplication for the wellbeing and safety of the child. This is the position of Mullā 'Alī al-Qārī. See: [Mirqāt al-Mafātīḥ Sharḥ Mishkāt al-Maṣābīḥ, Vol.7/P.2688]
And Allah Almighty knows best.

Is Fajr (dawn) Sunnah a confirmed one?

All praise be to Allah The Lord of The Worlds                                                                                                                                                                                  Of course, it is a confirmed Sunna which the Prophet (PBUH) used to offer in a regular basis. And Allah Knows Best.

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