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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

How is the meat of the 'aqīqah to be distributed?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the 'aqīqah is a recommended one (mandūbah), it is obligatory to give some portion of it in charity to the poor — even if the amount is small — with the minimum being approximately half a kilogram of meat.
The most preferable manner of distribution is to divide it into three equal portions, as with the uḍḥiyyah:
 
One third for the guardian and his household to eat from
One third to be given in charity to the poor
One third to be gifted to friends and neighbours, even if they are wealthy
 
It is furthermore more preferable to send the food to the poor already cooked, rather than inviting them to come and eat. And Allah Almighty knows best.

Is it permissible for a menstruating woman to recite the Quran from the computer without actually touching the Quran?

It is not permissible for a woman in her menstrual period, or in postpartum to recite the Quran, even by heart, or without actually touching the Quran itself. Recitation itself is what is prohibited on her regardless of how it is done. However, it is permissible for her to surf through the Quran by her eyes, or to recall it in her head without uttering the words. There is no harm for her to look at the Quranic verses on the computer without touching it, or to utter the words as this is called looking not reciting or reading.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What is the ruling if hemorrhoid blood exits after completing ablution?

If this blood is exiting from outside the anus (due to the hemorrhoid protruding), it does not invalidate ablution, because blood exiting from the body from other than the two orifices does not invalidate ablution. If it exits from the anus (meaning from inside it), it invalidates ablution, and one must perform istinja' from it, wash the area of impurity, and repeat the ablution.
However, if this blood exits continuously such that no time remains sufficient for purification and prayer without it flowing, then it takes the ruling of urinary incontinence (sals al-bawl). One then cleanses from it after the time for each prayer enters, performs ablution immediately thereafter, and performs the obligatory prayer immediately. There is no liability upon him after that if something of it flows, and he may pray as many voluntary prayers as he wishes. If he wants to pray another obligatory prayer, he must cleanse himself and perform ablution. And Allah the Almighty knows best.

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