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Resolutions of Iftaa' Board

Resolution No.(29): "Ruling of Sharia on the UN General Assembly`s Convention on Consent to Marriage “

Date Added : 28-10-2015

Resolution No.(29): “Ruling of Sharia on the UN General Assembly`s Convention on Consent to Marriage“

Date: 7/9/1412 AH corresponding to 11/3/1993 AD.

 

The Board has received the following question:

What is the ruling of Islamic Sharia on the UN General Assembly`s Convention on Consent to Marriage?

Answer: All success is due to Allah, The Almighty.

The Board is of the view that the convention relies in its preamble on that which violates the provisions of Islamic Sharia as well as the consensus of Muslim scholars for it states that: “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and found a family.“

 

Still, it is axiomatic that Islamic Sharia forbids the marriage of a Muslim woman from a non-Muslim, and considers such marriage invalid.

In addition, the above provision is in violation of the provisions of the Jordanian Constitution, particularly articles (2,103,105), which stipulate implementing the rules of Islamic Sharia as regards personal status issues such as marriage and the rulings pertaining to it.

The UN General Assembly`s provision also violates the effective Jordanian Civil Status law, particularly article (33).

As a result, the Board unanimously agrees on disapproving this convention, and doesn`t recommend entering into it or approving of it since the H.K.J is distinguished with its wise Hashemite leadership. And Allah Knows Best.

 

Chairperson of the Iftaa` Board, Chief Justice Dr.Nooh Al-Qodaat

Acting Mufti General, Sheikh Saeid Hijjawi

     Dr. Umar Al-Ashkharr

Dr. Abdassalam Al-Abbadi

Dr. Ahmad Hilayel

        Mohammad Mohailaan

     Sheikh Ratib Az-zahir

              Dr. Yaseen Daradkeh         

 

 

 

 

 

 

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Summarized Fatawaa

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.
However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.
The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:
"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]
As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

Is it permissible for someone with a physically demanding job, such as a baker or construction worker, to break their fast?

It is not permissible for someone with a physically demanding job to start the day intending to break their fast. They must make the intention to fast at night and begin fasting. However, if they reach a point where fasting becomes unbearably difficult, they may break their fast and make up for it later.

What is the amount of the Fitr Zakah (obligatory charity) of Ramadan?

The Fitr Zakah of Ramadhaan is a Sa` (2500 grams) from what the people of that country or state eat the most. And Allah Knows Best.

What is the ruling on forgiving a tenant next month's rent, with the intention of counting it toward zakāh al-māl?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It does not fulfill the obligation to count the rent owed on a house, or a portion of it, in lieu of zakāh. Rather, it is necessary to first transfer ownership of the zakāh amount to the poor person directly; only afterward may he be asked to pay the rent [from that money].
It is stated in ‘Umdat as-Sālik (p. 112): "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]."
We would also remind [the reader] of the ḥadīth of the Prophet ﷺ: "The Muslim is the brother of the Muslim: he does not wrong him, nor does he abandon him [to harm]. Whoever attends to the needs of his brother, Allah, the Mighty and Majestic, will attend to his needs. Whoever relieves a Muslim of a hardship, Allah, the Mighty and Majestic, will relieve him of one of the hardships of the Day of Resurrection. And whoever conceals [the faults of] a Muslim, Allah will conceal him on the Day of Resurrection." (Agreed upon). And Allah, the Exalted, knows best.

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