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Resolutions of Iftaa' Board

Resolution No.(179): "Ruling on Giving up Fast by Sportsmen"

Date Added : 17-11-2015

Resolution No.(179)(11/2012) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Giving up Fast by Sportsmen"

Date: 28/8/1433 AH, corresponding to 18/7/2012 AD.

 

All perfect praise be to Allah, The Lord of The Worlds; and may His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

On the above date, the Board reviewed the following question:

Is it permissible for sportsmen to give up fasting in order to take part in competitions?

After researching and deliberating, the Board decided what follows:

It is not permissible for sportsmen to give up fasting in order to take part in competitions because  it isn’t one of the Sharia-approved excuses. Allah Has Said (what means): "Ramadhan is the (month) in which was sent down the Qur’an, as a guide to mankind, also clear (Signs) for guidance and judgment (Between right and wrong). So every one of you who is present (at his home) during that month should spend it in fasting." {Al-Baqarah/185}. Since fasting is one of the five pillars of Islam, it is obligatory for everyone who is competent for religious assignments and has the ability to carry them out. Therefore, such people have to reorganize their priorities to be able to observe the obligatory fast.

It is impermissible to give priority to sport events over a pillar of Islam; particularly since it is possible to hold competitions in Muslim countries  after Maghrib time, or to arrive at a certain arrangement with the sport officials of the non-Muslim countries in order to make it possible for the Muslim competitors to observe obligatory fast.

If the competitor has experienced unusual hardship because he had to take part in that competition, then he is allowed to break his fast. However, that doesn`t exempt him from making the intention to fast and to actually observe the fast of each day of Ramadan from its beginning. If he experiences unusual hardship, then he is allowed to break his fast, but he should make up the missed days later.

However, if the sportsman was travelling for a long distance-more than (81km.) - then he is allowed to break his fast during the time of his travel, although it is better for him not to break his fast, since Allah, The Almighty, Says (What means): "For those who can do it (With hardship), is a ransom, the feeding of one that is indigent. But he that will give more, of his own free will,- it is better for him. And it is better for you that ye fast, if ye only knew." {Al-Baqarah/184}. If he broke his fast, then he is obliged to make it up later, as indicated by the following verse: "(Fasting) for a fixed number of days; but if any of you is ill, or on a journey, the prescribed number (Should be made up) from days later." {Al-Baqarah/184}. And Allah Knows Best.

 

Chairman of the General Iftaa` Board, His grace the Mufti General of the Hashemite Kingdom of Jordan, Sheikh Abdulkareem Al-Khasawneh

Sheikh Sa`ied Hijjawi/ Member

Prof. Abdulsalam Al-Abbadi/ Member

Prof. Mohammad Al-Khwdah/Member

Prof. Abdul N`nassir Abu-Al-bas`sal/Member

Dr.Yahia Al-Boutoosh/Member

Dr. Wasif Al-Bakhri/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Az`zoubi/ Member

 

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Summarized Fatawaa

Is a wife considered divorced if her husband refused to go to bed with her (for sexual intercourse) for two months?

A wife doesn`t get divorced no matter for how long her husband refuses to have sex with her, and she had better go to court.

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.

What is the ruling on speaking while relieving oneself?

It is disliked for one relieving himself to speak while doing so, except out of necessity. And Allah the Almighty knows best.

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.

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