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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 acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

Do pregnant and breastfeeding women have to fast?

Pregnant and breastfeeding women are required to fast. However, if fasting causes them harm or unusual hardship, they may break their fast but must make up for the missed days later.
If they break their fast solely out of fear for the fetus or the child, then they must both make up the fast and give fidyah (feeding a needy person for each missed day), as the benefit of breaking the fast was only for the child.

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.

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."
The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."
Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

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