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Resolutions of Iftaa' Board

Resolution No.(219): "Ruling on Sabi committed by (I.S)

Date Added : 21-12-2015

Resolution No.(219)(9/2015) by the Board of Iftaa`, Research and Islamic Studies:

"Ruling on Sabi committed by (I.S)

Date: 24/Zolhijjah/1436 AH, corresponding to 8/10/2015.

On the above given date, the Board reviewed the question sent by Dr. Abdullah Al-Kurdi, Chairman of the Association of Muslim Scholars in Kurdistan-Iraq, and it reads as follows:

Your Grace is quite acquainted with the atrocities committed by the Islamic State (I.S) in the name of Islam, and one of these is Sabi (War prisoners, children and women only) where Christian and Yazidi girls and women are sold for a very low price, a handful of Dirhams, in public. This criminal act had negative repercussions on the Kurdish community.

As your Grace is a highly respected figure in the Muslim World, we deem necessary that you issue a Fatwa condemning Sabi and forbidding it so as for the Muslim World to become fully aware of the atrocities inflicted upon these victims in the name of Islam.

Islam hasn`t brought Sabi and slavery; rather, this social phenomenon was widespread in early nations for centuries. When Islam was manifested, it had to deal with a harsh reality, so it delivered rules and regulations to eradicate this phenomena on gradual basis, as is the wisdom of Islam in many of its legislations. Therefore, it provided useful and decisive solutions to end this problem from its very source.

As a result, Islamic Sharia has narrowed down the sources of slavery, forbade any act of aggression against free people, made freeing slaves one of the Zakah disbursement channels and among the righteous deeds by which  a Muslim pleases Allah and gets his sins erased from his record on the Day of Resurrection. Allah, The Exalted, Says (what means): "But he hath made no haste on the path that is steep. And what will explain to thee the path that is steep?- (It is:) freeing the bondman." {Al-Balad,11-13}. Islamic Sharia has also enabled slaves to free themselves through the system of "Mokatabah" i.e. concluding a contract of manumission. This is in addition to many other meticulous and wise legislations by which Islam was able to counter this phenomenon and bring it to a gradual end.

In conclusion, the criminal acts committed by this terrorist organization; namely, Sabi, enslavement and human trafficking, are impermissible and totally contradict the objectives and the provisions of Islamic Sharia; especially, since nations have agreed on abolishing this phenomenon and standing up to its various forms. Islam hasn`t brought slavery and Sabi; rather, it has brought manumission and freedom since absolute slavery is dedicated to Allah alone, as indicated by the famous saying of the Caliphate Umar Bin Al-Khattab (May Allah be pleased with him): "Since when did you enslave the people though they were born free." And Allah Knows Best.

 

The Grand Mufti of Jordan / His Eminence Sheikh AbdulKareem al-Khasawneh
Prof. Abdulnasser Abulbasal / Member
Dr. Yahia al-Botoosh / Member
Sheikh Sae`id Hijjawi / Member
Dr. Wasif al-Bakhri / Member
Prof. Mohammad al-Qhodat / Member
Dr. Mohammad Al-Khalayleh / Member
Dr. Mohammad Khair Al-Esa / Member
Dr. Mohammad  al-Z`obi / Member

 

 

 

 

 

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Summarized Fatawaa

What is the wisdom behind legislating the Udhiyah?

The Muslim must know that through the Uḍḥiyah, he complies with the command of Allah, the Exalted, and performs a worship that brings him closer to Allah and distances him from the Fire.
 
The Uḍḥiyah holds profound wisdoms and noble meanings, including:
 
1-Reviving the Sunnah of Abraham, peace be upon him: He complied with Allah's command when He ordered him to slaughter his son Ishmael. Abraham, peace be upon him, succeeded in the test, and when he was about to slaughter his son, Allah sent down a ram to ransom Ishmael and commanded him to slaughter it instead. Allah, the Exalted, says {what means]: "And when he reached with him [the age of] exertion, he said, 'O my son, indeed I have seen in a dream that I [must] sacrifice you, so see what you think.' He said, 'O my father, do as you are commanded. You will find me, if Allah wills, of the steadfast.' And when they had both submitted and he put him down upon his forehead, We called to him, 'O Abraham, You have fulfilled the vision.' Indeed, We thus reward the doers of good. Indeed, this was the clear trial. And We ransomed him with a great sacrifice." [Al-Ṣāffāt/102-107]. Thus, the sacrificial offering became an enduring Sunnah until the Day of Judgment, and Muslims offer their wealth as sacrifices, drawing closer to Allah, the Exalted, reviving this great Sunnah.
 
2-Providing abundance for people on Eid day and the Days of Tashrīq: Among the wisdoms of the Uḍḥiyah is that the Muslim provides generously for his family, neighbors, relatives, and the poor during these days. The Muslim is encouraged to eat from his sacrifice, give charity from it to the poor, and gift from it to his wealthy neighbors. Thus, goodness spreads throughout the entire community. The Prophet, peace and blessings be upon him, said: "The Days of Tashrīq are days of eating and drinking." (Narrated by Muslim). Allah, the Exalted, says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Ḥajj/36]. This good includes the good of both this world and the Hereafter.

Does using a gargling medicine break the fast?

If the medicine reaches the body cavity (jauf), the fast is invalidated. However, if it does not enter the body cavity, the fast remains valid.
Therefore, it is advisable to avoid using it during the day in Ramadan.

Does sacrificing one sheep avail for the entire household?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
In Islamic jurisprudence, the sacrifice (Udhiyah) is considered a Communal Sunnah (Sunnah Kifayah) for the members of a single household who share the same financial support.
 
If one member of the household performs the sacrifice—even if they are not the primary breadwinner, such as the wife or one of the children—the religious request is fulfilled on behalf of the entire household. This is similar to the Funeral Prayer (Salat al-Janazah), where the obligation is dropped for the community if some perform it.
 
 While the communal request is satisfied by one person's action, the specific spiritual reward (Thawab) for the act of worship belongs only to the person who sacrificed, unless that individual explicitly intends to include the other family members in the reward.
 
 A single sacrifice also avails for a man who is married to more than one wife. And Allah the Almighty knows best.

Is Zakah (obligatory charity) due on land intended for selling?

Yes, lands intended for trade are valued, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.

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